An identity created to recognize and distinguish goods and services is known as the trademark. It can be registered in the form of graphical representation, symbol, device, word or label etc. Specifications regarding the trademark like the color of the mark are also registrable. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide.
The whole Trademark registration process takes up to 15-18 months in a straight-forward case, i.e. without any objections or oppositions after filing an application. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can now be registered as a trademark in India.
Benefits
Protecting Commercial Goodwill
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.
Legal Protection
A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.
Advertising
Registering creates a face of the company or the goods and services helping to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it plays a pivotal role in advertising and increases the brand value.
Creation Of An Asset
Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.
Documents Required
Proof of Applicant
PAN Card and Address Proof of Applicant Certificate of registration (other than an Individual applicant)
Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark
User Affidavit
If a specific user data is to be claimed, the user affidavit is also required to be submitted
Proof of TM Use
To claim a specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
Signed Form TM - 48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature