A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. In India, trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc. A registered trademark is an intangible asset or intellectual property of the business.
Reasons to register a trademark
1. Legal Protection: Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection may not be available for marks that are not registered.
2. Unique Identity: Trademark registration 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.
3. Creation of Asset: Trademark is an intellectual asset, which can be sold, franchised or commercially contracted.
4. Global Trademark Registration: A trademark registration in India can be used as the basis for trademark registration in other countries. Foreigners and Foreign entities can also register a trademark in India.
5. 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.
How we help in Trademark Registration
1. Application Preparation: Based on the information provided by you, our Trademark Expert will prepare the trademark application.
2. Trademark Filing: Once it is prepared and signed, we will file it with the Trademark Registrar immediately.
3. Trademark Registration: Once the trademark application is filed with the Registrar, the Government processing will start. The Government will scrutiny the application, determine objections if any and publish the trademark in Trademark Journal. It will take around 3 to 5 months. We will provide trademark application status tracking through SMS or Email.