“Trademark can dramatically help in leveraging your business.” Even if you don’t realize it, everyone deals with trademarks on a daily basis. “Trademark” is another way of referring to brands. In this article, we shall discuss about the importance of trademark and procedure of registration of the same.
Trademark may consist of a device that depicts the image of human beings, animals, letters, words, signature, numerals or any combination of these. We can say that we can register our trademark in any of the following categories:
- Wordmark
- Device
- Colour
- Shape of Goods
- Sound
- Three Dimension
It is important to note that there are a total of 45 classes of trademark and one can obtain registration in as many classes as he may want for protection of its mark.
REASONS WHY YOU SHOULD OPT FOR TRADEMARK REGISTRATION
Your mark is your responsibility and pride as well at the same time. In the event that another business tries to use the same or similar name, you will have legal recourse to stop it. For instance, if you are manufacturing a particular product in your brand name and someone else uses that brand name to manufacture the same or similar product with lower quality and price as well, then in case your brand name is registered you can sue upon that person and thereby protecting your goods, brand name and reputation as well. Further, the following are importance of trademark:
- It makes it easier for consumers to find you
- Trademarks are among the most efficient economic communication tool.
- They are your enduring assets
- It can make hiring easier
- It open the way for businesses to most effectively utilize the internet
PROCEDURE FOR TRADEMARK REGISTRATION
1. To start with, search on the trademark’s department website on http://www.ipindia.gov.in/ as to whether the Trademark you intend to register is already registered or not.
2. Once you have checked that no such Trademark is registered, then an application in Form TM-A along with the requisite fees has to be deposited.
3. On receipt of application, the Registrar of Trade Mark shall examine the same and if found satisfactory the mark shall be accepted and advertised in journal. In case of any objection, the Registrar shall issue an examination report; the reply of which has to be filed within a period of one month failing which the mark shall be abandoned.
4. On receipt of reply to examination report, in case the Registrar is satisfied he shall accept and advertise the same but if he is still not satisfied the Registrar shall put the matter on hearing.
5. Once the mark is advertised in journal, the same shall be open for opposition in Form TM-O with the requisite fees for a period of four months from the date of publication of the mark in journal.
6. In case the mark is not opposed by anyone, the same shall be registered and a registration certificate evidencing the same shall be received by the applicant or his authorised agent but in case the same is opposed then the counter statement to such opposition is to be filed by the applicant within two months of receipt of opposition.
7. On receipt of counter statement, the opponent has to file evidence in support of his opposition within two months and thereafter, the applicant shall file evidence in support of application.
8. Thereafter, the matter shall be referred for hearing and the Registrar shall have the power to decide.
{The author is a Company Secretary in Practice and can be reached at (M) 9999952595 and (E) cskajalgoyal@gmail.com}
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