WHAT IS TRADEMARK?
In general, trademark refers to ‘Brand’ or ‘Logo’. Trademark gives protection to your business name, symbol, phrase, design, tag line, brand name or logo which you are using for your business. It differentiates your product or service from others as it makes your customer recognize your product or service rendered.
Trademark is another way of referring to brands.
Well Known Trademarks are as: Adidas, Nike, Pepsi, Bajaj, Bisleri, Bata etc
WHO CAN APPLY FOR TRADEMARK REGISTRATION?
Anyone who wants to start their business or doing the business or want to protect their brand or slogans or logo can apply for trademark registration. It is used to distinguish your product or services from those who of your competitors. Applicant can be Individual, Proprietorship, Body Incorporate, Partnership, Joint Owners, Trust, Society, Limited Liability Partnership etc.
DIFFERENT TYPES OF TRADEMARK
Mainly there are five categories of trademark which are as Generic Mark, Descriptive Mark, Suggestive Mark, Fanciful and Arbitrary Mark.
1. Generic Mark: Generic trademark is commonly used to name of any product or services. For example “Tree”, no one can register “Tree” as trademark. To qualify for a generic trademark, one needs to describe qualities, characteristics or ingredients of the goods sells. It is very difficult to get register
Examples: Mobile, Table, Laptop, Computer etc.
2. Descriptive Mark: It is that trademark which gives customer an idea of the kinds of goods to be sold, qualities or ingredients. It is also known as secondary meaning trademark as this trademark gives secondary meaning to your goods and services which results when customer have started to identify a trademark with a particular product over time.
Examples: Xerox-copy machines, Chapstick-lip balm etc.
3. Suggestive Mark: Suggestive trademark encourages imagination and perception of the customer in order to figure out what services or goods the company offers as it does not directly describe the trademark, it requires customer to use their imagination to understand what product is.
Examples: NETFLIX, Microsoft, Jaguar etc.
4. Fanciful Mark: Fanciful trademark includes the word mark, logo, brand which distinguish from other competitors exist in the market. Simply it is the combination of words, symbols, any letters which signifies nothing other than the products or services. The benefit of having Fanciful Mark is to provide you exclusive right to use your particular mark with respect to your goods and services.
Example: Adidas, Nike, Pepsi, Honda etc
5. Arbitrary Mark: These are marks which consist of words or terms that have no relationship to the meaning of goods sold or service provided.
Example: “Apple” is well known arbitrary trademark deals in laptops and iPhones and which have nothing to do with fruit.
Camel Cigarettes, Shell Gas etc are other examples.
IMPORTANCE OF TRADEMARK
In today’s scenario, every business must have trademark registered on their business name, logo or brand. In other words, we can say that Trademark is one of the assets of the company which helps business to grow. Below are some of benefits that trademark offers to legal owner, company or business as:
i. Enable customer to find you easily: it helps customer to easily identify you among your competitors. Trademark differentiates your goods or services from the others in the market.
ii. Trademark is asset of your business: It is intangible asset of any business which helps to create the goodwill of business in the market.
iii. Trademark never expire: Registered trademark will remain with forever with you
iv. Exclusive Rights: Registered trademark gives applicant an exclusive right to use the mark in respect of goods or services. It also allows the registered applicant to sue for infringement against unauthorized use.
v. Trademark is efficient communication tool:
vi. Protect your brand Name:
HOW TO APPLY FOR TRADEMARK
1. Trademark Search: The first step of trademark registration is to do trademark search and ensure your trademark does not resemble or identical to existing registered trademark. It can be done through online (link- ipindiaonline.gov.in) or through trademark office.
There are 44 classes in which any one can register their trademark according to their business activity. Here is the link http://euipo.europa.eu/ec2/
2. Trademark Filing: Once you done with trademark search, next step is to file TM-A with concerned authority. The Application consist following information-
i. Applicant’s Details
ii. Proposed “Mark”, “Logo”, “Name” to be registered
iii. List of Goods or Services for which trademark will be used
iv. Trademark Class under which application is filed
Attachment Required:
i. Signed Power of Attorney: if any Practicing Company Secretary/Chartered Accountant/Advocate authorized to apply trademark on applicant behalf
ii. User Affidavit: when trademark application claiming prior use then it is been mandatory to attach User Affidavit.
iii. MSME Certificate in case company is eligible for lower filing fees.
3. Trademark Fees (Government Fees):
INR 4500.00 = Individual, Proprietorship, Startup, Small Enterprises
Not having MSME Certificate:
INR 9000.00 = All other business entity e.g Company, Partnership etc.
Having MSME Certificate:
INR 4500.00 = All other business entity e.g Company, Partnership etc.
4. Government Processing: Once the trademark application is filed, after that applicant need to check the status of trademark periodically. If any objection is raised by trademark department then applicant is required to submit the reply within 30 days. Similarly in case of Opposition, reply must be submitted within 2 months.
USE OF “TM” AND “ ” :
The symbol of TM and is used by company in order to show the status of their trademark applied. The is used when the trademark is registered with governing body while TM is used when trademark has not been registered but the trademark is in use by company.
HOW We Can Assist you to Register your Trademark
We are a team of professional assisting business entities to get there business name, logo, brand, symbol, etc. registered with the Intellectual Property Rights under Department for Promotion of Industry and Internal Trade. Ministry of Commerce & Industry.
(For further any details please contact – CS Aadra Shrotriya on [email protected])
Author Bio
Pl. let me know the time line for the trade mark registration for my business name and logo.