why should i register my trademark
Gaurav suyal
What Is Trademark Registration?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
Procedure For Filing A Trademark
The process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search to find marks/logos across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.
In most cases where the mark is unique, on filing the trademark application, the Learned Trademark Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal for duration of four months, any person or entity would have the opportunity to oppose registration of the mark during this opposition period. If the mark is not opposed, then the trademark is accepted and the Registration Certificate is issued to the applicant with a validity of 10 years.
In case there are any objection on similarity and distinctiveness of the mark, then the process for registration could be lengthy and costly – involving various legal procedures and hearings. If there are similar marks and/or objection of distinctiveness, then the process could include objections and hearings – based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application or the mark is non-distinctive and descriptive, he/she will issue a notice of objection. The objection notice must be responded within 30 days upon receipt. On responding to the notice, the mark will be accepted if the Learned Examiner is satisfied with the written submissions. If not, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, Our professional team can help you with filing an objection reply or appearing on your behalf at hearings – at a nominal additional cost.
WHY SHOULD A STARTUP REGISTER ITS TRADEMARK?
Startups may protect their brand by trademarking it. By doing the same, a company name, one distinguishes one’s services and goods from those of rivals, and one’s intellectual property is protected. It prohibits competitors from duplicating or stealing their brand.
10 REASONS WHY TRADEMARK REGISTRATION IS IMPORTANT FOR BUSINESS!
1 Trademark Works as an Intermediate
Trademarks may transmit intellectual and emotional attributes and signals about you, your business, and its reputation, goods, and services in a single brand or logo. Your trademark doesn’t need to be a word or logo only. Regardless of language or alphabet, customers may recognize designs. The Nike “Swoosh” design is instantly recognizable in every language, including Swahili, Chinese, Spanish, Russian, Arabic, and English.
2. Protects you from Legalities
Failure in registration of a trademark exposes a company/person to lawsuits from competitors who may have registered a similar brand name, sign, slogan, or design. If this happens, a company will be obliged to change everything it has created, including the campaign, website content, and, to a significant part, it is brand identity.
3. Helps you Spread your Business
A Customer without hassle can find a product of its choice with a registered trademark. The registered trademarks can be easily traced, and buyers can quickly reach your goods since it is an effective instrument with a distinct identity.
4. Compliments your Products
Consumers can quickly recognize a trademark that conveys a specific level and quality of the goods. One glance at the Rolex logo, for example, shows that it is a high-end premium item with rigorous quality criteria. If someone else creates a low-cost watch with the Rolex logo on it, it will impact the luxury brand’s sales. Trademarks safeguard the quality that a brand represents.
5. Lifetime Ownership
Once a trademark is registered, it can be protected for life time by paying renewal fees on every 10th year in India.
6. Helps in e-selling and Government department
In this global and modern world, Trade Marks have become vital part in smooth function of any type of business. When there are thousands of similar products and services are available to consumers in the markets, the Trade mark helps to Startups and small business to create and recognized their presence in the markets. Having a trademark registration helps Start-ups in doing hassle free business on well known platforms such as Amazon, Flipkart and Government e-tendering (GeM) and also helps in various government departments such as Custom Registrations and recording MRP labels in excise departments.
7. Protects your Reputation in the Market
Another advantage of trademark registration is that it protects a company’s reputation. Lamborghini, for example, is a high-end luxury sports vehicle brand that costs a lot of money. Now, if a manufacturer of a less costly automobile tries to affix the Lamborghini brand to it, the firm will suffer a significant loss of reputation. Discerning luxury goods, customers would be unable to link the brand with a premium, high-end product and would thus refrain from purchasing it. Naturally, Lamborghini wants to ensure that no one else comes out with a low-cost product with the same name and emblem.
8. Registered Trademark is a Valuable Asset
Over time, trademarks can gain in value. Your Trade Mark will become more important and valuable as your business reputation grows. Trademarks can pave the door for cross-industry development, such as moving from personal care to clothes or eyewear. Your trademark can lead to your company’s purchase by a larger organization if you want it to.
9. Builds an Atmosphere of Autonomy
It’s no secret that the market is very saturated across a wide range of niches, each with its size and purpose. It’s a very gruesome sight. As a startup, being even the tiniest fish in the tiniest pond is quite difficult. In this regard, a trademark might serve as a crutch; once a startup has established itself, it will want to keep its excellent name.
Trademarking a brand helps a young company defend itself from the market’s blows by donning a protective blanket; it both directly and indirectly notifies others that the people in charge of the company are serious about their work.
10. Financial Benefits
A company’s trademark adds value and recognition. As a result, a corporation with well-known trademarks and brands in its portfolio has a positive market reputation. It also makes it simple to raise funds on the stock market or borrow money from lenders to grow into other areas. It also makes it easier to locate collaborators and partners. read original article at mark shield
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