HOW TO FILE A TRADEMARK
A Trademark is usually a symbol, device, nomenclature, or numerals which is used by a business form to be distinct of its goods & services from other relatable ones. An Incorporated Trademark is an intellectual property especially for a business venture and used to guard the company’s investment in the brand. An only remarkable trademark can be registered for your goods and services. If the requested trademark is same to an existing trademark, then the same cannot be registered in any manner. If the selected trademark is offensive, or containing any protected symbols, then it cannot be registered. In India, the Controller General of Patents, Designs and Trademarks, formed by Government of India is the authority to incorporate the trademark. It is registered based on the Trademark Act 1999, gives a right to the trademark owner suing for any damages at the period of trademark infringements occurs. Once the trademark is incorporated, it will be surely valid for 10 years and the symbol “R” can be used. Registered Trademark Renewal can be simply done by filing the Trademark Renewal application.
The trademark registry was formed in 1940 then existed the Trademark Act which was passed in 1999. Currently, the trademark registry functions as the operation of the Act. Or it can also be mention to be functioning side by side. As an operating body, the trademark registry formulates all the rules and regulation of the trademark law in national scope. The Head Office is in Mumbai and it has branches in Delhi, Ahmedabad, Chennai and Kolkata. When filing a trademark, it is incorporated under the Trademark Act, 1999 and then the registry of trademarks files it. In this procedure, the registry will inspect whether the registering mark satisfies all the predicates of the Act before filing it. Merits of Trademark Registration Eventhough the procedure of filing a trademark is a bit lengthy and a little weight on the pocket, it is surelyy worth the investment of legally guarding your brand. However, if you are just budding out, funding in a trademark may not be always essential. What makes most is making awesome products and putting in all the time and effort into establishing your brand, from ground up. Below are the some of the merits of trademark:
● Unique powerful Identity: Your unique trademark identity aids your customers to identify the commodities and services provided by you. Your competitors will be strictly prohibited from using or modifying your trademark for similar functions/commodities.
● Goodwill: Registered trademarks always establish an environment of trust, standard and goodwill in the customers arena. Trademarks sures that your consumer's attention about your brand.
● Asset Making: An intellectual property is a necessary asset for any firm which is only made by Trademark filing. The Registered trademark is a declaration of rights that can be commercially sold or contracted.
● Assignment: One can assign his company’s registered trademark. However, the same is not allowed for a common law trademark that can only be assigned with the business.
● Discouraging other traders: Trademark registration strictly avoids other traders to implement the same trademarks same to your one. You explicitly acquire your right by using ® symbol.
● Security: An incorporated trademark can be used as a “Security”. It means a registered trademark can be act as a security to secure loans as how the immovable properties are stable and secure.
What has to be trademarked ?
The question is what can be filed as a trade mark. Large amount of categories which points a trade source can be filed as a trade mark. Some of them could consist of:
● Word Marks: These are simply marks consist of words like TATA, HONDA, PEPSI. The word can be mentioned in the online application.
● Device Marks: These are marks which have a logo or a combination of a word and a logo. Eg. The Suzuki and the S logo. A .jpg picture file has to be provided for filing online.
● Geometry of goods: These are shape of goods which are not functional on account of nature of goods themselves. Eg. A Toblerone chocolate bar. A .jpg file has to be provided with the concept shape.
● Wrapping: The packaging of a commodity is filable as a trade mark. Eg. The wrapper of a soap.
● Audio Marks: These are tunes or audios which recognise a product like a marketing tune. Eg. Airtel jingle audio.
● 3D marks: These are marks which makes a product is a three-dimensional manner.
Trademark Registration Procedure
Step 1: Trademark class classification A band of Trademark Attorneys shall be aiding you free of charge to classify your trademark in relevant class.
Step 2: Filing Documentation Documents needed to file trademark application :
1. Copy of an id proof – Aadhar / Passport / Driving License / Voter’s ID card ( any one of them)
2. Mobile No
3. Email id
4. Product / service description
5. Logo / mark in jpeg format with 8 cm x 8 cm dimension specification
6. Approval to prepare trademark application
Step 3: Filing Application Being a consultant, getmycompany will file your Trademark application of timeline within 24 hours of documentations and full payments. The applicant can implement the trademark after the generation of receipt of filing.
Step 4: Certificate of Trademark registration If the application is not opposed or disqualified by the trademark examiner and public at excess manner, then the trademark gets registered and the registration certificate is allowed, usually within 7 to 9 months. Then you can use ® for your trademark.
Timeline
A filed trade mark is valid for 10 years from the date of submission. It can be renewed without any time limit within 1 year of renewal due date. The Trade Mark office is finishing the entire procedure within a month to 3 months in some cases which are straight forward cases of incorporations.
Why trademark registration?
There are many companies in Kochi getting registered in a short span of time, focusing to the trademark registration Cochin. Business category is vital thing to make trademark registration for the client’s required marks. The purpose of trademark is simple that any business entity who are in a common field of business can make their service unique for the maintenance of good image and position in the market. People always choose a product or service which have a standard of experience or at least it should be a brand to get a trust.
There are many business consultants in Kochi doing this process for many valuable clients, among them Corproots seems to the best option for a satisfying and quality service. We are providing good consultation for every client to know about the basics about TM registration. Without the knowledge of trademark one cannot move easily for the complete process of registration.
There some things can be trademarked below:
- Color
- Symbol
- Slogan
- Name
- Word or group of words
- Numerical
- Logo
- Image
More features can be used for trademark process and the basic steps for that is mentioned in this discussion.
People who need TM registration:
- Private firms
- Proprietorship firms
- Partnership firms
- NGO’s
Trademark registration process can be performed in simple steps below:
- Application has to filled by the applicant
- Trademark allotment is proceeded
- Vienna codification or the classification is done
- Trademark examination is conducted
- Trademark registration is completed
As a final declaration you will be getting your mark registered from the trademark registrar after the complete examination from the trademark search to the final stage. So that a symbol like ‘R’ is approved for the mark you registered trademark.
Why is it so important?
- Excellent business exposure
- A legal protection
- Involves exclusive rights
- Global visibility
- Advertise your goods
- Promotes your sales
- Expose your identity
About Us
Hope you loved reading this article. At getmycompany, we continuously endeavor to strengthen Indian businesses. With getmycompany you can register any form of MSME company you like, make GST bills, track inventory, manage expenditures, and even file GST returns. getmycompany will assist with any form of your company formation by providing expert suggestions, concepts and expertise.
We are always there to assist you in every step you need support or help to register to brand a trademark identity. If you any business for trademark registration in Kerala, please contact here.