Trademark Registration

Trademark registration in Jharkhand-Brand registration in Jharkhand

A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

Trademark registration in India allows the applicant to use symbols or words to represent the company or the products offered by the company to differentiate the goods or services offered from those of competitors. Once a trademark is registered in India, it cannot be used by any other organization as long as it is still in use.

The symbol ““TM ” may be used by the trademark applicant after his registration. Trademark registration is an asset for the company. To protect your brand name, you need to apply for trademark registration in India. It is always better to get a trademark registration under the guidance of an expert as the process involves various steps that need to be followed and also requires regular government follow-up.
Trademark registration is often used to protect brands or slogans or inventive words that are unique. Trademark registration in India can be filed by individuals or companies, or by non-profit organizations. However, different classes of people or organizations have different requirements when registering a trademark. The following are eligible for trademark registration in India.
A brand can be defined as a unique identity that distinguishes your company, product or service from others. Registered trademarks are intellectual property/intangible assets of your company. This protects the investment made in building trust and loyalty with your customers.

Registration gives you the right to sue others who try to copy your mark and not to allow others to use a mark similar to the one you registered.

Simply put, a trademark is a special unique sign used to identify a particular company’s goods or services. This can be a design, a painting, a character, or even an expression. This is important because it differentiates your product from the competition. It could be related to your brand or product. Trademarks are considered intellectual property and are therefore protected from infringement. Trademarks and their rights are protected by the Trademark Act 1999

To get trademark protection, you must register a trademark. It is important to register your trademark as this does not allow others to copy your trademark and give a false image of other products bearing your mark. Brands help customers recognize brands and brand values ​​at a glance, such as: B. logo shield for Nike or jumping wildcat for Puma and more.

Unlike patents, trademarks are not subject to statute of limitations. If a patent expires after 20 years, trademark registration ends 10 years after its registration, but unlike patents, trademarks can be renewed for an additional 10 years. This process can go on indefinitely, which means that as long as you keep your brand updated, it will not expire and will continue to be protected by law.
A brand can be one of your company’s most valuable assets. This is a form of identification and contributes significantly to the company’s public image. Trademarks are visual symbols – words, names, numbers, labels, logos, color combinations and more. It is a sign of uniqueness and helps customers identify a particular brand or company.

The Trademark Act 1999 governs trademark and registration laws. Trademarks in India are registered by the Chief Patent, Design and Trademark Administrator (Trademark Registrar’s Office), Ministry of Industry and Commerce, Government of India.

Implications of Registration

When a proprietor registers his trademark, he acquires a property right, benefiting from specific remedies.

Application for Registration of a Trademark

An application for registration of a trademark must be made to the Comptroller, who examines the application asserting whether all requirements for registration of such application are met.

An application for the registration of a trademark can be submitted online at www.ips.gov.mt​​ and should contain the following:

a) A request for registration of a trademark;

b) The name and address of the applicant;

c) A statement of the goods or services in relation to which it is sought to register the trademark;

d) A representation of the mark;

e) The name and address of the representative or attorney, in cases where one has been appointed

f) A declaration claiming priority in cases where the applicant wishes to take advantage of an earlier application;

g) An indication that the trademark is being used by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be used;

h)  A statement containing the name or names of the colour or colours being claimed in cases where the applicant wishes to claim colour as a distinctive feature of the mark; and

i) The prescribed fee.

Reasons to Register a Trademark

  • Legal Protection: Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement. Trademark protection is not enforceable for trademarks that are not registered. 
  • Unique Identity: Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
  • Creation of Asset: Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
  • Trust or Goodwill: Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
  • Global Trademark Filing: A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.

FAQs

How much time it takes to register a trademark in India?

Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

How much does it cost to register a trademark in India?

To register a trademark, the total fee may vary based on the prosecution of your trademark application. However, for filing a trademark application, the government fee is only Rs.4000/-.

Who can apply for trademark? Where should trademark application be filed?

An application for registration of a mark that is actually used or proposed for use may be submitted by any person claiming to be the owner of the mark. In the case of previous users of the mark, the person concerned must submit a statement letter accompanied by evidence to support his priority claim. In India, Trademark Registration operates from five locations to facilitate trademark registration, viz. Delhi, Mumbai, Ahmedabad, Kolkata and Chennai. Jurisdiction is based on the applicant’s principal place of business for Indian applicants and foreign applicants; Jurisdiction depends on the domicile of the applicant’s representative or attorney.

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