What is a trademark ?
A Trade Mark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent
fraudulent use of the mark.
Why is trademark registration important?
Registration of a trademark is very important for a company or if you’re starting a new business or trade. The company’s logo, name or signature is the first thing that should be unique from the rest. It should be protected from the others. Registering a trademark is a legal process that is provided under the Trade Marks Act,1999. A Trademark is a symbol that makes the mark legally valid. Hence, registering your mark under the trademark act is very important for a company, so that the mark can be secured from the rest of the competition of that business. Registering a trademark for your business is very easy. Anything like a symbol, mark, signature, etc which is important for a business should be registered, so that others cannot misuse the company assets.
Advantages of Registering a Trademark
There are many advantages to registering a trademark. Some of them are:-
Trademarks make it easier for your customer base to find you: Trademarks
distinguish your services and products from those of your competitors. This
identifies you as the source and indicates a consistent level of quality of your services and products. Trademarks also increase brand awareness and goodwill. Trademarks help prevent marketplace confusion: Trademarks prevent confusion as to the source of the goods and services.
Trademarks are economically efficient tools: Trademarks create a face value in the market among competitors. Furthermore, they give your business a monopoly over the brand name.
Trademark office located:-
The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. TradeMark offices are located in Ahmedabad, Chennai, Kolkata, Mumbai and New Delhi.
PROCESS FOR APPLICATION OF TRADEMARK:
1) Make a public search before filling out an application for a trademark.
a. Enter the link www.ipindia.nic.in
b. Click on Trademarks
c. Click on Public Search
d. Click on class details to select the desired class With trademarks, the class or
classification means what kind (class) of goods or services offered are being
represented by a certain trademark.
- After the selection of class, return to the public search, write the class number in the prescribed field. Then, write the word mark for which application is to be made.
We can search word mark by splitting the word so that the similar trademark search will be displayed.
For e.g.: The word is Company Secretary, search can be made as below mentioned:
– Or full word, company secretary
e. Click on the search button, the trademark similar to the proposed trademark will be displayed on screen.
f. After public search, make an application for registration of trademark, through offline or online.
Offline (by submitting physical documents)
1. TM 1: Application for registration of a trade mark for goods or services
2. TM 48: Form of authorization of an agent (general power of attorney)
3. One covering letter
4. Board resolution (in case application is made by a Company)
5. List of Directors (in case application is made by a Company)
6. Along with a DD of Rs.4, 000/- per application in favor of “Registrar of
Online – Enter the link http://ipindiaonline.gov.in
Sign up for first time registration