Safeguard your brand with trademark registration – learn its importance, what constitutes a trademark, and the step-by-step procedure. Discover the significance of the ® symbol, and follow the process to secure legal protection for your brand identity.
This article discusses the importance of trademark registration, the elements of a trademark, and the procedure involved in registering a brand.
Why Trademark Registration is important?
Trademark registration is a vital step in protecting your brand name or logo. By securing a registered trademark, you establish your brand as an intellectual property asset, providing legal protection for your company’s investments in its products or services. A registered trademark also grants you the right to take legal action against any infringement or copying attempts.
What is a trademark?
A trademark represents the unique identity of a company, distinguishing its products or services from others. It can take various forms such as words, logos, images, slogans, color combinations, or graphics, serving as an exclusive identifier for your brand.
How to indicate a registered brand/trademark:
Once the trademark is registered, it can be used with the ® symbol alongside the brand name, like ABC®. However, until the trademark is officially registered, the company can use the TM symbol in conjunction with the brand name, indicating that the brand is applied for and pending registration with the government.
Procedure for brand registration:
1. Brand search on the portal:
Begin by conducting a thorough research and analysis to ensure that the intended brand is not already registered under another company’s name.
2. Application for registration:
After conducting detailed trademark research, submit an application in the form of TM-A on the online portal https://ipindiaonline.gov.in/, along with the prescribed fees. The application should be duly signed by the applicant or their agent on behalf of the applicant. Upon filing the application, you will receive a challan for payment of the trademark fees, which will include the trademark applicant’s name, address, and application number.
3. Acceptance and advertisement:
Once the trademark authority accepts the application, the trademark will be advertised in the Trademark Journal for a period of four months.
4. Trademark Registration Certificate:
If no opposition is filed during the advertisement period, the Registrar will issue the Registration Certificate bearing the Trademark Registry seal. The trademark registration certificate remains valid for 10 years from the date of application and can be renewed with the prescribed fees before the expiry for another 10 years.
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