Trademarks distinguish your brand from that of your competitors and secure you rights against others using your brand name. Your trademark is your business asset whose value will increase with time.
What happens if you don’t register?
An unregistered trademark may dent your business reputation and hinder the development of your brand. Any competitor may be able to use or misuse your brand name or register a trademark.
confusingly similar to yours and mislead consumers.
- Exclusive rights:
Trade mark registration gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorised use. A trade mark registration allows the proprietor to sue for infringement and to obtain very powerful remedies such as interdict, delivery up infringing articles and damages. At the same time, the trade mark infringement provisions do not preclude a person.
2. Hypothecation / security:
A registered trade mark can be hypothecated as security, meaning that a registered trade mark can be pledged as security to secure loan facilities much the same way as immovable property can be bonded.
3. Intangible property:
A very important reason for registration is to create the trade mark as an identifiable intangible property in the legal sense. Trade mark registration is a value store or receptacle of the value attaching to the reputation or goodwill that the product enjoys.
A common law trade mark attaches to the goodwill and, generally speaking, the goodwill is not severable from the business in its entirety. This has the practical effect that an unregistered trade mark will never have a separate and independent existence. It will always form part of the goodwill and it will always be attached to the business. The only way in which to acquire a common law trade mark is to acquire the business as a going concern. Trade mark registration, by contrast, can be transferred like any other asset owned by a person or a company.
4. Licensing:
A registered trade mark can be licensed. A trade mark licence can be recorded on the trade mark register, giving the licensee rights to institute legal proceedings in the event of infringement.
5. Assignment:
A registered trade mark can be transferred. The same is not possible for a common law trade mark, which can only be transferred with the business.
6. Deterrent:
Trademark registration deters other traders from using trademarks that are similar or identical to yours in relation to goods and services like yours. By using the ® symbol, youput others on notice of your rights. Moreover, a registered mark can be found when others search the official register before choosing to commence using a particular name.
7. Use in proceedings:
A trade mark registration is prima facie evidence of validity of the registration and the rights conveyed by registration. In legal proceedings relating to a registered trade marks the fact that a person is registered as the proprietor of the trade mark is evidence of the validity of the original registration of the trade mark, unless the contrary is proved.
8. The right to use the symbol ® or “R” or word registered:
Once the trade marks is registered the symbol ® or “R” or word “Registered” may be used for the goods and services listed in the registration.
9. Foreign territories:
A registered mark can be used as a basis to obtain registration in some foreign countries, facilitating protection of the brand worldwide as the business expands.
Simple Six Steps for registration of Trademark in India:
Step 1: Surf internet for a brand name that is “wacky-enough”
This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
Step 2: Preparing a trademark application
The following supporting documents together with the application have to be submitted:
- Business Registration Proof: On the basis of your registered business an identity proof of the company’s directors and an address proof have to be submitted.
- Soft copy of the trademark.
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
- Power of attorney to be signed by the applicant.
Step 3: Filling the application of brand name registration
In e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
Step 4: Examining the process of the brand name application
Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!
Step 5: Publication of your brand in the Indian Trade Mark Journals
After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.
Step 6: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.
Time line: And the time required for trademark registry to complete formalities is 6 to 12 months.(in case trademark is unique and not opposed by other party)
Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.
Please let us know if you have any further query relating to registration/pending application of Trademark in India.