TRADEMARK REGISTRATION

MEANING

Trademark is a visual symbol, mainly a ‘BRAND’ or a ‘LOGO’ which may be a word, name, label or numerals used by a business entity to distinguish it goods or services from other similar goods or services; those of the competitors and to also earn royalties. Trademarks are registered under the Trademark Act, 1999 & provide the owner the right to sue for damages when infringements of trademarks happen. Registered trademark is an intangible asset of the business used to protect the company’s investment in the making of the brand or symbol. Trademarks proposed which are identical to an existing registered trademark cannot be registered.

Trademark is an essential characteristic of the business’s brand. Many international brands have the brand’s name and logo combined into one known as a Logo Composite Mark.

Also, trademarks are not registered by the trademark department if it is found offensive, deceptive, and not distinctive; etc. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The applicant gets a ™ within three days, but it takes up to two years to be registered to use the ® symbol.

ADVANTAGES OF TRADEMARK REGISTRATION

  • Trademark ensures legal protection.
  • Offers greater business opportunities.
  • Ensures goodwill.
  • Leads to creation of an asset.
  • Popularizes the brand.
  • Unique Identity of the brand.

DOCUMENTS REQUIRED

  • Identity proof (in case of an individual).
  • Documents of Company Incorporation (in case of a company).