TRADEMARK

A trade mark is often known as a brand (whether it is in the form of word, logo or graphic representation) which spot your goods or services from those of another.  It is the badge by which customers find your product or services in the marketplace and know how to find it again.  A trade mark becomes a sign with which your reputation and goodwill are connected.

What is Trademark?

Trademark is a word, phrase, symbol or design, or combination of these things that identifies your goods or services. Once a registered, that same symbol or series of words cannot be used by any other establishment.

Who can apply?

Any individual can apply for registration of a trademark to the Trademark Registry. The application should contain the trade name, goods/services, name of applicant and address of applicant and agent (if any) with power of attorney. The applications can be submitted offline at the Front Office Counter or it can be sent by post and it can also be filed online portal named e-filing gateway of the official website.

 

What is the significance of Trademark?

1.    Safeguard your Brand- A registered trademark establishes ownership over the brand, name or logo. It safeguard your brand from any forbidden use of the third party. It proves that the mark is totally belongs to you and you have exclusive rights to use, sell, and modify the brand.

 

2.    Provides distinctiveness to your Brand- A brand that is different must be registered. Every business needs a brand that stands out, which differentiates your brand from others. We can say that, a registered trademark gives a unique identity to a brand.

 

3.    Valuable Assets- A registered trademark may prove to be a valuable assets for your Organization or establishment. As your business grows over time, the value of the trademarks gets scaled up automatically.

 

Benefits of registering a Trademark-

ü  It gives you Exclusive rights.

ü  Builds Trust and Goodwill in the market.

ü  You can easily Differentiates between Products.

ü  Recognition of your Products.

ü  You can create an Asset by registering Trademark.

ü  It is also provides Protection against Infringement.

 

Requirements for filing Trademark application:

1.    Name of the Firm or Company.

2.    Name of the proprietor or the name of the partners/directors.

3.    Proper Address of the Business Place.

4.    Brand name and Logo for the same.

5.    Description of goods & services.

6.    Date of the first use of trade mark, if the mark is already in use. Otherwise application may be filed as proposed to be used.

7.    Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorized signatory in case if the applicant wants to engage the services of a Trademark Attorney.

8.    If it is a Private Ltd Company or a Public Limited Company, please furnish the

Memorandum and Articles of Association

 

Trademark Search

Before filling for an application for registration. It is necessary to make an inspection of the already registered trademarks to check whether your brand is available or not.