A signal that helps differentiate a product from one manufacturer from another or a company from its competitors is called a registered trademark. By associating an indication with a product or service, a company can build an image in the minds of customers that lasts a long time. A perfect example of a brand is the red thumb always associated with the Thums-Up cold drink.
In India, a company can mark:
word
first name
logo
speak up
slogan
unit
Once one of these has received a trademark registration, only the owner has exclusive rights to use it. In simpler words, only the company can use the trademark word, slogan, logo, etc. For example, only Apple Inc. has the right to place the partially consumed apple symbol on its products.
Why get a trademark registration?
In addition to separating a product from others, a registered trademark is an intangible asset of a business. It not only protects the owner of the good, but also the brand. Some other reasons to get online trademark registration in india are:
Ensures that every consumer easily recognizes the product through the logo or name.
It offers legal protection against duplicate products and counterfeit services.
It creates a sense of trust in customers, which in turn leads to loyal and returning buyers who achieve the ultimate goal of profitability for any business.
It can be sold, franchised or transferred at any time, making it an asset to the business.
An essence of registering a trademark in India
The Law of India for Trademark Registration is called the Trademark Act of 1999. When a company applies for a trademark, it has to choose from 45 different classes. These are categories of products and services that are defined by the nature of the business. Once a trademark is registered, it is entered in a register that maintains all TMs in a particular class. This is done to keep track of all logos, symbols, words, etc. with registered trademark.
A registered trademark is valid for 10 years. Registration can be renewed for another decade, provided that an application is submitted within a postulated period.
Advantages of Trademark Registration
An intangible property
For a trade, any property has value. A registered trademark is considered by law to be an identifiable and intangible property. This means that the brand has a value because it is the symbol of the reputation of the product or service. In addition, the registration of a brand functions in the same way as other companies' assets. It can be sold or transferred at any time.
A common trademark, on the other hand, cannot be separated from the company, that is, there is always an unregistered TM attached to the company. If another company wants to acquire the goodwill that comes with a common brand, they have to buy all the trade and not just the brand.
The exclusive right
A registered trademark can only be used by the trademark owner and the product or service they provide. If someone other than the owner uses unauthorized use of it, they face legal fees. The authorized remedies that come with the TM registry are the most significant benefit. Some of the actions that can be taken are:
Allegation of Violation
prohibition
Delivery of violated items
Damages
An important deterrent
The presence of a registered trademark discourages other business owners from using the same or similar brand in their products or services. It guarantees that a commodity maintains its good will.
A promise of security
If a company wants to get a loan, it can use the registered trademark in a way comparable to real estate. In other words, a brand can be promised as collateral for a bank loan.
Right to license and others
Only a registered trademark is entitled to:
Use the symbols® or "R" in a product or service.
Trademark License The same is registered in the Trademark Register. It gives the licensee the legal right to initiate any proceeding in the event of a breach.
Transferred to another entity, person or company.
Getting registration is a few foreign territories. This allows global fire protection while expanding its activities.
As evidence in proceedings
The registration of a registered trademark is taken as proof of the validity of the registrations and the rights involved. Under a circumstance that required legal action related to the trademark, the certification shows that a person owns the trademark. The original registration record is taken as proof until otherwise proven.
Tuesday, 3 December 2019
Here's how to avoid objecting to your trademark application
Often, before we start a business, we are very aware of the opportunity to actually get a trademark effectively on the brand name. Registration and obtaining the registered trademark The registration of the trademark is a completely different recreation.
If your brand is really specific, there may be a possibility that you can protect the trademark registration within 7 to 8 months (but you can start using your trademark from the date of submission). During this process, one of the reasons that can delay your trademark registration plan is if you receive an objection from the ministry. While there is no way to predict or secure the occurrence of this objection, you can at least try to avoid it by following some things before making the request.
What exactly is the objection to the trademark? Basically, while logging into ipindia.nic.in and checking the status of your trademark application and saying that reputation is PROHIBITED and there is an alarm showing Waiting for response to the exam report, it means that an exam file has been issued against your trademark objection reply application.
This exam is conducted by trademark investigators, as the law is based on why you should no longer get the trademark or what problems you should fix in your trademark application. All such objections are uploaded in the form of a file which you can download from the trademark registration site. It is necessary to respond within one month from the date of issue of the report.
Therefore, we will constantly try to stay away from the opposition to registered trademarks, but 90% of the application for registered trademarks achieves at least one that can be easily dealt with by a competent lawyer (however, in case you are caught with Beginner's trademark agents who do not know how to present intelligent arguments, their trademark registration could be expanded). Let us understand how we can further shorten this trademark registration.
It is very important to match your trademark application in accordance with the law that must appear as your savior to avoid objections. There are many stories in which people invested lakhs and lakhs in the packaging of products, right after submitting the trademark application. And because of trivial errors, they had to pay a huge cost while their trademark was rejected.
1.To perform a thorough search.
Perform both word mark search and phonetic search.
Suppose you have chosen the word CURVE as your brand name, so you have to look for the availability of the word CURVE as it is, and also KURVE, KARVE, CORVE and all other possible combinations of a word that results in the same sound or a similar sound.
Collect search reports and analyze them correctly. If there is a similar word already registered, try selecting a different brand.
2. Don't use descriptive words:
If your brand is available, proceed to the next level and understand if it is a legally acceptable brand. That is, it should not be descriptive, it may be weird, but the Trademark Act does not allow brands that accurately describe the nature of their products or products, but generally people tend to choose such names. Therefore, it is always advisable to choose a found word, words that have no meaning in the dictionary and do not refer directly to your products or goods.
For example, you should not choose a name like "hair shine" for a shampoo because an ordinary person may deduce that it is a product related to hair care, which is expressly prohibited by the registered trademark law.
3. Do not use the name of any geographical location
Try to avoid using a name from any geographical location or place, such as India, although it can be deleted if used in combination of words, but generally in most cases such trademarks are often contained in Section 9.
4. Do not make administrative errors
The most common mistake people make when submitting a trademark application is to write an incorrect description of the products / services. Although you are sure that your product belongs to a particular class, do not try to use a common term for it. Always check the exact language provided under a comfortable classification, select the words and description accordingly. Let us understand this more clearly by taking an example.
If your brand is really specific, there may be a possibility that you can protect the trademark registration within 7 to 8 months (but you can start using your trademark from the date of submission). During this process, one of the reasons that can delay your trademark registration plan is if you receive an objection from the ministry. While there is no way to predict or secure the occurrence of this objection, you can at least try to avoid it by following some things before making the request.
What exactly is the objection to the trademark? Basically, while logging into ipindia.nic.in and checking the status of your trademark application and saying that reputation is PROHIBITED and there is an alarm showing Waiting for response to the exam report, it means that an exam file has been issued against your trademark objection reply application.
This exam is conducted by trademark investigators, as the law is based on why you should no longer get the trademark or what problems you should fix in your trademark application. All such objections are uploaded in the form of a file which you can download from the trademark registration site. It is necessary to respond within one month from the date of issue of the report.
Therefore, we will constantly try to stay away from the opposition to registered trademarks, but 90% of the application for registered trademarks achieves at least one that can be easily dealt with by a competent lawyer (however, in case you are caught with Beginner's trademark agents who do not know how to present intelligent arguments, their trademark registration could be expanded). Let us understand how we can further shorten this trademark registration.
It is very important to match your trademark application in accordance with the law that must appear as your savior to avoid objections. There are many stories in which people invested lakhs and lakhs in the packaging of products, right after submitting the trademark application. And because of trivial errors, they had to pay a huge cost while their trademark was rejected.
1.To perform a thorough search.
Perform both word mark search and phonetic search.
Suppose you have chosen the word CURVE as your brand name, so you have to look for the availability of the word CURVE as it is, and also KURVE, KARVE, CORVE and all other possible combinations of a word that results in the same sound or a similar sound.
Collect search reports and analyze them correctly. If there is a similar word already registered, try selecting a different brand.
2. Don't use descriptive words:
If your brand is available, proceed to the next level and understand if it is a legally acceptable brand. That is, it should not be descriptive, it may be weird, but the Trademark Act does not allow brands that accurately describe the nature of their products or products, but generally people tend to choose such names. Therefore, it is always advisable to choose a found word, words that have no meaning in the dictionary and do not refer directly to your products or goods.
For example, you should not choose a name like "hair shine" for a shampoo because an ordinary person may deduce that it is a product related to hair care, which is expressly prohibited by the registered trademark law.
3. Do not use the name of any geographical location
Try to avoid using a name from any geographical location or place, such as India, although it can be deleted if used in combination of words, but generally in most cases such trademarks are often contained in Section 9.
4. Do not make administrative errors
The most common mistake people make when submitting a trademark application is to write an incorrect description of the products / services. Although you are sure that your product belongs to a particular class, do not try to use a common term for it. Always check the exact language provided under a comfortable classification, select the words and description accordingly. Let us understand this more clearly by taking an example.
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