If you want to legally protect your brand for getting copied TM Registration is important. Trademark Registration not only provide legal protection to your brand but also helps in building trustworthiness and goodwill of the product in market.
In this article you will get to know about the various benefits of Trademark (TM) Registration in India.
Who get benefits from a trademark?
The Registered Proprietor of a trademark can create, establish, and protect the goodwill of his products or services, he has the rights to stop other traders from unlawfully using his trademark and he can also sue for damages and secure destruction of infringing goods and or labels.
The Government generates good amount of revenue as a fee for registration and protection of registration of trademarks.
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
What are the benefits of registering a trademark?
The registration of a trademark gives the exclusive right to the owners to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R) and seek the relief of infringement in appropriate courts in the country. Several benefits of Trademark are highlighted below.
BENEFITS OF REGISTERING TRADEMARK IN INDIA
Registered Trademarks provides exclusive rights to the applicant, the owners can enjoy the sole ownership of Trademark. It also gives the authority to sue the person who tries to copy the brand.
Builds Brand Reputation
Registered trademarks build the authenticity of the product or services and create trust to the customers towards your brand. It also helps you to gain loyal customers who will always opt for the same brand.
Differentiate the Product
The Trademark registration distinguishes the goods and services from its competitors and provides visibility to the applicant to upskill the business.
Use for R Symbol
Once the trademark is registered you can use the R along with the registered trademark logo. This states that the logo is already registered in Trademark and anybody who tries to copy legal action can be taken against him.
Protection Against Infringement
If any person tries to infringe the rights of the registered trademark, the protection is provided to the applicant by the Act.
Creation of Asset
The trademark is considered as highly valuable asset creates brand asset and enhances the brand value to the product.
Who can apply for Trademark?
Any person, who claims to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in the prescribed manner by law for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent with power of attorney, the period of use of the mark. The application can be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted online at https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
Frequently Asked Questions (FAQ’s)
What are the types of Trademarks that can be registered in India?
Ans. The types of trademarks that can be registered in India are as follows;
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Q2. Can a registered trademark be removed from the register?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.
A trademark should not be used in the generic sense, it should refer to your goods and services. The mark should be used to modify the generic noun. Still confused how to register Trademark? We at Compliance Calendar Company Registration has the dedicated team of professionals who can guide you throughout the process of trademark process. You can reach us at firstname.lastname@example.org or call us at 9988424211.