It takes a great deal of hard work and resources to build a brand. Hence, It is important to make sure that you have exclusive ownership to use the logo, slogan, shape, and packaging of goods, sound, smell, color combinations, or anything else that gives your brand a distinct identity. Trademark Act, 1999 allows you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark.
One can start using a “TM” symbol as soon as the application is made. However, the TM registration process takes up to 15-18 months. It includes various processes for validating the original owner of the mark. Trademark registration in India is going through many innovative changes.
Benefits of Trademark Registration in India
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.
A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.
Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised, or commercially contracted to bring benefits to the company or the individual proprietor.
Check the selected trademark logo and trademark name in detail to make sure that this trademark is not registered under another name. The brand must be unique.
Registration must be applied under the correct classification of classes. There are about 45 sectors in total, and each sector is called a class. Goods and services are classified into 45 different classes by trademark registration.
The registrar will publish the selected trademark name in the Indian Trademark Journal. Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application
A Trademark Opposition is basically filed for opposing a trademark advertised in the journal by the trademark registry from registration. It is mainly a way to protect your Trademark from being misused by others.
A trademark has to be renewed every ten years. An application for the renewal of a trademark shall be made anytime within one (1) year prior to the expiry of the registration of the mark
The trademark renewal process should begin six months before the validity period expires, if the period for renewing a trademark registration has expired, a company can apply for the trademark’s restoration