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Trademark Registration in the Year 2020

What is Trademark Registration and What is the procedure to Obtain it in March 2020

Trademark Definition

A trademark is a symbol, design, word, or phrase that identifies one business, goods or services from those of another. A trademark not only gives the trademark owner the exclusive right to use the mark but also allows the owner to prevent others from using a similar mark.

Significance of Trademark

  • It is an asset, which forms the foundation of any business to the ultimate purchaser or the consumer.

  • It is the trademark, which provides a link between the goods and the manufacturer. The reputation built by a trademark on account of its quality or performance coupled with the customer's satisfaction influences the customer's mind for repeat orders.

  • Trademarks protect the consuming public by preventing confusion as to the source of goods or services.

  • Trademark is an economically efficient communication tool.

  • Trademark is one of the few assets that provide you a long-term competitive advantage.

  • Trademark support stronger sales volume, stronger margins, and can provide price maintenance legally.

  • Trademarks are very effective against unfair competition.

What can Trademark Registration Do?

  • It provides Exclusive Rights as the owner can enjoy the sole ownership of the Trademark and can stop others from the unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized use of the Trademark.

  • The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in the market. It helps in creating permanent customers.

  • It makes your product and identity of products different from that of the existing and foreseen competitors and acts as an efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organization.

  • Customers attach the product's quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers.

  • A registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset that gives an advantage to an organization.

  • Once the trademark is registered you can use the symbol on your logo stating that it is a registered trademark and no one can use the same trademark.

  • No competitor or other person can use the wordmark or logo registered by you under trademark.

  • It is cost-efficient and helps your company create a unique image as Once you register the trademark you have to just pay the maintenance cost and renewal cost.

Why Should You Register?

There are high chances that your uniqueness can inspire others, which is a good thing but the world should know about you. If you don't register your trade, chances are your brand might lose your name.

Types of Trademark

  • Product Mark: it refers to trademarks related to products or goods and not services. It is used to identify the source of a product and to distinguish a manufacturer's products from others. Product marks are those that are attached to distinguish the goods or services of one manufacturer from that of another.

  • Service Mark: it identifies and differentiates the source of a service. Service marks do not represent goods, but the services offered by the company. They are used in a service business where actual goods under the mark are not traded.

  • Collective Mark: These are the trademarks used by a group of companies and can be protected by the group collectively.  Collective marks are used to inform the public about a particular characteristic of the product for which the collective mark is used. Collective marks are also used to promote particular products that have certain characteristics specific to the producer in a given field.

  • Certification Mark: It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics. This differs from a standard trademark whose function is to distinguish the goods/services that originate from a single company.

  • Shape marks: a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly. This helps in distinguishing the goods sold under such a trademark from those of another manufacturer.

  • Pattern Mark: These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registered as Pattern Marks.

  • Sound Mark: Sometimes, the sound that plays in the advertisement becomes so well known that when people hear it they immediately know what product/service it refers to. In such cases, the sound may be regarded as a trademark and is eligible for registration

Eligibility Criteria

To get a trademark, you need to meet the following six requirements:
  1. Provide your name and address as the owner of the trademark.

  2. State the entity type (individual or corporation) and your national citizenship.

  3. Demonstrate actual use or a real intent to use the trademark

  4. Give a detailed description of the product being trademarked.

  5. Submit a drawing or specimen 

  6. Offer the date of the first use

Documents Required

  • Individuals & Sole Proprietorship

    • Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.

    • Signed Form-48. Form-48 is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.

    • Identity Proof of the individual or Proprietor.

    • Address Proof of the individual or Proprietor.
  • Small Enterprise or Startup

    • The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships, and individuals, the lower trademark fee of Rs.4500 is applicable.

    • For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide the Udyog Aadhar registration certificate.

    • Further, in addition to the Udyog Aadhar registration, the following details would be required.
  • Partnership

    • Copy of Logo (Optional).Signed Form-48.

    • Udyog Aadhar Registration.

    • Incorporation Certificate or Partnership Deed.

    • Identity Proof of Signatory.

    • Address Proof of Signatory.
  • Other Applicants

    • Copy of Logo (Optional).

    • Signed Form-48.

    • Incorporation Certificate or Partnership.

    • Identity Proof of Signatory.

    • Address Proof of Signatory.
Note: During the trademark application process, there is no requirement for submitting original documents. A scanned copy of the original document would suffice the requirement.

How to Apply?

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