So, you own a business or want to own a business, and you are thinking if the Trademark registration India really necessary step? is it something which is just good to have for a business or a must have for a business ? well, let me ask you a question,
You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing already registered trademark of someone and you can not use that name for your business here after
It would be a huge loss of time, efforts and costs !!! Would you like to avoid such devastating scenarios that can hurt your businesses image? which can result in all the hard work you put in building brand name (image) of the business going waste !!!
Then you need to seriously consider protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence it is important to consider Trademark registration India
A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol.
In simple terms, trademark is a brand or logo which represents your business
A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.
This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step
Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.
It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.