Trademark Registration: A comprehensive guide

What is Trademark Registration:

Trademark registration is a process of legally securing the right to use a unique mark that identifies a company’s goods and services; it’s a facility for brand recognition for your goods and services.  Trademark registration gives the owner exclusive rights to use the mark and legal protection if other people use it with the owner’s permission. It also involves pure legal protection, securing exclusive rights to use a unique mark that actually distinguishes a company’s goods and services.

Why does your company need a trademark?

A trademark is a sign capable of distinguishing the goods and services of the company from those of the other companies and brands. Trademarks are registered with the relevant IP office and IP address, and once approved, then the sign is yours. It also helps you guard against counterfeiting and fraud. 

Trademark registration creates goodwill association with the brand; hence, the working trademark definition is a word, slogan, design, color, symbol, numerals, color shades, business names, or a combination of these things that distinguishes your business from your competitors. Over time, it can also take months when, through the trademark, customers recognize your company, as it also helps in brand building as well.

The Trademark Act of 1999 grants the owner exclusive rights and legal protection. You could have all the benefits for your brand name without investing your time and money to register on trademark. Your brand carries a market value over a time period. The duration of trademark registration in India is ten years from the date of filing. After 10 years, you can renew your trademark registration for an additional 10 years of time.

How to apply for a trademark?

To apply for a trademark, follow these steps:

1. Trademark Search:

Firstly, one is supposed to ensure they conduct a trademark search before presenting the application to the relevant body, which would have helped prevent having a name or logo that already existed. This, in turn, would prevent potential lawsuits and would not see an application get declined.

2. Document Your Application:

Along with a clear illustration of the logo or symbol, prepare your application by including documentation that provides a description of your trademark and, if possible, proof of use.

3. Applying for a trademark online:

 Applying via the official e-trademark registration portal is the quickest and most effective method. Online, submit your application and make the required payment.

4. Application Review and Approval:

 The trademark office examines your application following submission. Your trademark will be published in the journal and eventually registered if no opposition or objections are voiced.

What are the documents required for trademark registration?

Documents required for trademark registration:

The following is a detailed list of the paperwork needed to register a trademark:

1. Applicant Details:

 Full name, current address, nationality, or, if the applicant is an incorporated firm, a document proving business incorporation

2. Trademark Representation:

An explanation together with a high-resolution logo or mark

3. Power of Attorney:

If submitted via an agent, this document

4. Business Proof:

A firm’s GST number or GST registration certificate.

5. Proof of Use:

If the trademark is already being used, a user affidavit and accompanying documentation are required.

6. Class Details:

Describe the Nice Classification class of products or services.

7. Identity Proof:

Government-issued ID, Aadhaar, or PAN card (for individual applicants).

Trademark Registration Fees

The trademark registration fees vary based on whether one is an individual, company, or small business applying. In most countries, the online application filing cost is less expensive compared to an offline submission. It would be advisable to visit the government trademark website for the latest fee schedules.

How to Apply for Logo Registration

The process for trademarking a logo is no different than registering a brand name. Ensure your logo is unique and can be recognized as appearing different in some way and still meets all other trademark requirements. Attach a high-resolution image of the logo to the application so it can be processed.

Registered TM and Its Benefits

Once your trademark is registered, it becomes a registered TM, and you are allowed to use the ® symbol exclusively. This establishes your legal claim over the mark and discourages unlawful use.

Trademark Renewal

A trademark must be renewed on a regular basis; it cannot be registered once. Although the duration varies by jurisdiction, trademarks must typically be renewed every ten years.

Procedure for Trademark Renewal:

    1. Verify the Renewal Date

Make sure you are aware of when your trademark expires. Applications for renewals may be submitted six months before the expiration date in the majority of jurisdictions.

2. Renewal Application:

Complete an online application for renewal by entering your trademark registration number and any additional information that may be requested.

3. Online Trademark Renewal Fee Payment:

There is a charge for the renewal, which one needs to pay online at the trademark’s official website.

4. Confirmation:

When your renewal application gets processed and accepted, then you will be given confirmation of your trademark, valid for another term.

Trademark Renewal Fees Online

Renewal fees vary by region and the type of applicant. Online renewal applications are frequently faster and less expensive than traditional ones. It’s best to renew your trademark well in advance of the due date because late renewals may result in additional fees.

Benefits of E-Trademark Registration

E-trademark registration has changed the system; it saves time with easy and accessible processes. Some benefits of e-trademark registration are:

1. The filing process is eased. 
2. Your application will be given an immediate acknowledgment.
3. Tracking application status is so easy. Low charges for registrations and renewals.

How Taxflick can help:

The trademark process is made easy with Taxflick. Take the help of an expert through a full-range trademark search, a flawless filing, and post-registration services. Our team will make sure your brand remains yours and your intellectual property rights stay yours. Thus, you can focus on the company’s expansion with no distraction. Connect Today.