Register Your Trademark Today To Safeguard The Reputation of Your Company Tomorrow

What is trademark registration?
Any image, graphical representation, or unique symbol that facilitates the customers to recognize a trade or goods it produces is directed to as a trademark. The procedure of official trademark registration in India is the image, graphical representation, or unique symbol by which businesses legally validate the trademark registration. 

Without formal registration, trademarks will not provide any legal obligation or protection against trademark infringement. However, once registered, the trademark authority offers exclusive authority for the applicant, preventing other businesses from copying or using them. The trademark registration in India is renewed after every ten years. Hence, it is claimed that trademark registration is an essential part of maintaining the identity of ones' brand and quality assurance.

What is the importance of Trademark Registration in India?
Unlike GST registration, businesses don't compulsorily need to register trademarks, and it is optional for them. However, getting the trademark registration online or offline is recommended to protect their best interests. 

E-commerce companies or companies selling and marketing online must have the trademark registered to secure their unique identity, preventing any identity theft, misleading the customers.

Without such registration, other companies and websites can copy your brand identity by faking, mimicking your logo, name, or even domain name. Hence, all e-commerce companies are suggested to protect their identity and goodwill by registering their trademark and maintaining their uniqueness.

How is due diligence exercised at the time of trademark filing?
The right to a famous trademark is a desire of all businesses. However, it is not an easy procedure and the proper time for the brand's action is created while regarding its adoption. 
The next phase is the consent of a trademark, which is a part of the trade, where any word or logo should be avoided that has any connection or similarity with a previously registered mark. A subsequent pattern is prohibited from registration on the grounds of the resemblance of the pre-existing mark. Therefore, writing a trademark can be tricky, but applying to conduct a good trademark registration search reduces the chances of being rejected or opposed.

Often, companies face risk at the beginning of bringing a product into the market, even before the trademark registration, to understand its demand. There is a chance that the trademark will become popular by being unregistered. Those trademarks must be recorded with the previous use date and the proper declaration of use. 

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What is the procedure of trademark registration in India?
The Trademark registration procedure are divided into three steps:

Step 1: Trademark Search

As the trademark bears the brand's unique identity, it has to be visually distinct. If a trademark has any similarity by mistake with another registered logo, then the trademark application shall not be approved.

Along with the design, it is necessary to figure out the class under which your trademark falls.

By conducting a trademark search, it is checked on the trademark database if the designed trademark is unique.

It can be edited to modify a unique design for any similarity.

Step 2: Trademark Filing Application

When the trademark design is prepared, the application procedure is initiated. After drafting the trademark application, the following details are required:

  • The logo in JPG or JPEG format
  • The applicant and the brand details- name, address of applicant and the registered office of the company, nationality of the company
  • Services and products offered by the company
  • If a trademark expert is hired, a power of attorney authorizes the trademark professional.
  • If the design is already being used, then the date when it was first used.

After the application is filed, the trademark officers shall scrutinize the application and, if required, may interrogate the information provided by you. If there is an objection, the reply should be made within 30 days of objecting, and otherwise, it shall stand rejected.

The application is rejected, they mention the reason for such rejection, and you can file an appeal against the refusal.

Step 3: Verification

Crossing the first two steps, the trademark application if not objected, till getting the formal registration certificate, the mark ™ can be used on the products, which says that your trademark is under the registration procedure. It implies that there is no objection from the authorities.

After receiving the registration certificate, you can start using ®, which signifies that the trademark is registered.

What are the advantages of trademark registration?

The advantages of trademark registration are as follows:

  • The logo is an asset: 

A trademark is a priceless intangible asset to a business. It indicates the product or service from a particular company in the market. Trademarks are the brand's unique identity as they attract the customer and create a distinct identity, easily recognizable separate from others. 

  • Cost-Effective:

 Trademark registration in India is relatively cheap. For MSME, the trademark registration fee is Rs. 5,000 for offline filing and Rs. 4500 for online, and for any other enterprises, it is Rs. 10000 for offline filing and Rs. 9000 for online filing.

  • Trademark valid for ten years: 

On registration of the trademark, it is suitable for the next ten years. During these ten years, no lawful obligations, costs, or other statutory provisions regarding maintaining brands will be made.