A trademark is an identity of your business or commodity, that makes you different from other products or businesses in the market. A trademark can be anything from a logo, symbol, tagline, a set of words, a slogan or even music. Usually, businesses prefer to go with a logo and a slogan or tagline. So once you have an identity for your commodity, it is your responsibility to get it authenticated and protected, so that it is free from being copied or infringed. In order to do that, you need to get it patented. This is where Trademark registration comes. By trademarking your business logo or name, you ensure that it cannot be used by any other individuals or businesses without your permission.
Trademark Registration In India involves a set of processes outlined by the government and the registration is done by the Ministry of Industry and Commerce and the Controller General of Patents, Designs, and Trademarks. Once you have registered the trademark, it is valid for up to ten years and you can re-register it once it nears the expiry of 10 years.
Trademark: Who Can? What All Can Be Registered?
Any individual whether he is of Indian or Foreign origin can apply or register for a trademark easily in India. You don’t necessarily need to have a business to apply for one. An individual, a small business, a non-profit organization, a large business group or an LLP can choose to apply for a trademark.
Know The Important Documents For Trademark Registration
You need to submit certain documents for applying for a trademark. This holds the same for an individual, a small or even a large business or entity.
The certificates you need to submit include:-
Name of the Applicant
ID proof of the Applicant
A copy of the Logo or if it is the brand name or a tagline, a copy of the same
Address proof of the Applicant
Category of business
If you are registering on behalf of an LLP or partnership business, then you need to submit the following : –
A copy of the brand name/ logo ( preferably in black and white )
If the trademark application is filled by a non-applicant, then they need to get the ™ 48 forms signed by the Power of Attorney
Proof of Partnership
Small businesses should show an Udhyog Aadhar Registration
What are the Expenses of Trademark Registration?
The range of payment for trademark registration starts from 4500 Rs. Small entities and individuals need to pay only 4500 whereas large businesses may have to pay an amount of 9500 rupees.
Why Trademarking is Beneficial?
Builds Healthy Business Customer Relationship
When your product has a trademark, people will recognize and trust it more. It helps to build a sound presentation in the mind of the buyers giving them an idea of reliability and confidence in your services.
Keep It Unique and Protected
A trademark is a unique identity you can give to your entity. By trademarking and patenting it, you legalize it. This in turn saves and gives protection in case of any fraud copying or infringement.
People Identify Brands
A brand name is important. Once the customers start identifying with your brand more, it increases the revenue of your business. So keeping your brand name unique from the rest will help you when your product becomes a success. This ensures that nobody will be able to sell your brand name without your legal authorization.
A Credit To You
A trademark will always be a credit and asset to you if it clicks in the market in the future.
International Trademark Registration
Even if your trademark is registered in India, you can also file for registration globally as well, when your business progresses to outside regions and countries as well.
How Legal Service Providers Make It Easy For You?
There are several legal service providers that provide assistance to you in all kinds of trademark and patent registrations. One such renowned firm is Vakil Search, an online legal service provider founded in 2011, with expertise in Trademark Registration In India.
Listed below are the process and procedures that they do for getting your trademark registered:-
Trademark Verification or Search
They first do a thorough verification or test to find out whether anyone else has registered the same or similar trademark or brand name. This is done by using a trademark director. Once they find that your trademark or brand name and logo is unique, then only they proceed to the next step. In case, they find it to be registered in someone else’s name, they help you to modify your logo or brand name so that you do not lose the registration altogether.
Sorting into the Right Class
According to the Trademark Registry, there are about 45 different classes into which the goods and services are classified. Any logo or brand needs to be sorted and registered under the right category or class. VakilSearch helps you to register your brand or logo under the right class. This is highly important as the trademark helps you to sell under a certain sector of the economy.
Formation of the Application
Once the trademark is found to be fine and it is classified into the right category, the application is prepared. For that, the first step is getting the letter of authorization ready. This is done so that VakilSearch has the right to take it further on your behalf and get it registered. You just need to sign the letter and give it to them so that they can make things very easy for you and relieve your load of going through the legal process of trademark registration. They make sure to give you timely updates on the registration process as well and follows it up until the whole process is completed.
Online Trademark Registration Process
Nowadays, you can easily get your trademark registered online as well by taking help from a registered trademark attorney. This is done in 3 simple steps:-
Vienna Codification
Vienna Codification is an international classification that is provided once you fill the application. Your Registration will be then noted as ‘ Sent for Vienna codification’.
Trademark Inspection
Trademark is inspected by a trademark officer. He will decide whether the trademark will be accepted or rejected based on a set of guidelines and procedures.
Hearing
If your application is rejected, you can request a hearing before the responsible trademark officer. If you manage to convince the officer, the registration will be done. If it is not, you can appeal to the Intellectual Property Appellate Board.
By taking the assistance from a legal service provider like Vakilsearch that aids you in offline as well as online Trademark registration, you make sure that your load is reduced and that the registration is done perfectly without any mistakes. They advise you on the various steps of your registration process and constantly update and provide legal advice and support. So, what are you waiting for? If your business and brand name is important, get it Trademarked and take your company to heights of success!
