Importance of Trademark Registration

What is Trademark?

Intellectual Property, often termed as IP refers to those intangible assets which are creation of mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. There are various forms of IP such as Patents, Copyright, Design and Trademark to name a few. 

Trademark is a source identifier of goods or services promoted under a word, phrase, symbol or design, or combination thereof. A trademark provides legal protection to brands by providing exclusive rights to use their marks to provide goods and services.

Why is Trademark Important?

It takes a lot of efforts and time to create a brand of any goods or service. Once created, all benefits and rights tangible or otherwise, associated to it becomes your property and can reap you infinite goodwill.

Since trademark provides exclusive right over your mark it distinguishes your product form your competitors. It also helps consumers ascertain that different goods are from a single source and of a particular quality.

A registered mark plays a vital role in brand promotion and customer recognition which also adds up in generating goodwill. This can significantly boost customer loyalty.

Besides, having a trademark helps in protecting brand value, from infringers who may use similar name ,logo or phrase, as the case may be, to deteriorate your brand value by passing off their low and substandard product as yours.

How do I register trademark?

Trademark can be registered by the entrepreneur himself or he can hire an agent or advocate to file trademark application on his/her behalf. However, the real art lies not in filing of the application albeit the way it is being filed. Hence, it is always recommended that form must be filed using professional help so as to ascertain correct class and description of your services to ensure that your brand gets the maximum protection.

What is the procedure for Trademark Registration?

Public Search – First a public search is performed to check whether the particular brand name is available for trademark registration or not. If there is an existing registered trademark with the same name then it is highly unlikely to get trademark registration certificate. Even an existing similar registered mark can hamper your chances of getting trademark registration certificate.

Application – Once public search is performed and positive results are found, an application form (TM-1) is to be filled with the Trademark Registry along with authorization letter or power of attorney, if filed by an agent or advocate. The form contains all the required information such as trademark name, type, date of usage, service description etc.

Issuance of Examination Report – Once application form is submitted, Trademark Registry issues an examination report which approves or disapproves the application. It is by this report they raise their objections, if any. Objections raised are generally about existing similar or same trademark and wrong classification of goods or services, as the case maybe. In case there is an objection raised by the Trademark Registry a reply is to be filed within 30 days to protect application from being abandoned. The Trademark Registry may also clear the objection by restricting the use of brand name to a particular geographical location or some other condition as they may deem fit.

Notice of Publication – If the Trademark Registry accepts the application and do not raise any objection, then your trademark is published in a trademark journal for the public to view and oppose in from getting registration. Generally the opposition is raised by the existing owner of same or similar brand name or if it is against public morality. In case there is any opposition raised by the public, reply is to be filed citing why the opposition raised needs to be dismissed.

Trademark Registration Certificate – Once all the opposition, if any, are settled by the applicant, then their brand name is all set for registration. A Trademark Registration Certificate is issued by the Trademark Registry.

What is the best time for Trademark Registration?

The most asked question to any IP attorney is “What is the best time for Trademark Registration”.

Registering your brand name in the early stages provides you an opportunity to check whether any company or organization is already using same or similar brand name which might lead to litigation or confusion in the targeted audience resulting in the loss of revenue.

Moreover, protecting your brand name in initial stages will also provide you protection from the competitors by deterring them to use your brand name to reap profits.

General Myths about Trademark

Myth 1 – I have a registered business name, so I am already protected.

No! Registration of a company is totally different from trademark registration. Registration of a company prevents others from registering a company with same name, however they are free to use whatever brand name they wish for any product or service.

Although, trademark registration is not a mandatory procedure but it provides exclusive rights over the particular mark used by entrepreneur. In other words, trademark registration provides the ownership of the mark.

Myth 2 – Trademark Registration is too expensive.

No! Currently government fee for trademark registration is INR 4,000 only. You may feel that is a lot of amount in the initial stages of the company. However, if you will think about the protection and value it adds to your brand name then you will realize that the fees is really cheap. The cost incurred is just a one-time cost and can later reap you benefits worth crores. 

To make the process of trademark registration more economical and hassle-free Marcas has started a campaign where they provide FREE trademark registration services to all entrepreneurs.