For any business, its name logo, product and brand are more important and hence it is needed to save them from unauthorized usage by others. To save the same one needs to have registration of the same under the trademark.
Trademark registration:
- It is needed to save the creative work of an individual whether it is a song, picture, image, logo or any product;
- t is required to be registered under the trademark act of India.
- Any individual, private or public limited companies, NGO or firm can apply for the same.
The process
- Check for the concerned trademark first: Before going for the registration of the concerned product or item under this act, one must check if the same is registered before or not.
- Select the category: For the registration of different products there are different categories. These categories are called class. One needs to select a class first to register his product.
- Registration application: One needs to apply for the registration of his product in a given form. One can approach a professional for this process.
- Documents: While sending the application one needs to attach the proofs which include Name of applicant, address, product, type, type of business, and objective as well as the type of product. ( It can be a song, image, logo, slogan, or product)
- Identity proof: One who is authorized to use the trademark also needs to submit his identity proof which can be a PAN card, Driving license, Passport, Aadhaar Card, Voter card or Ration card.
Once the application is sent the rejection or acceptance of the same is communicated within a few days by relevant authorities to the applicant.
The Benefits
Here are some of the benefits of the trademark mentioned which can help one understand why he needs to get it registered.
- Brand name: With the help of the logo, slogan or tagline, it can create a brand image for the product. Hence it can be differentiated by the buyers and potential clients. It can be highly beneficial for the business in the long run.
- Support of law: In case someone uses a logo or tagline or image registered by you, you can ask for legal protection if the same is registered under trademark.
- Asset: If the product proves as a big hit in the market, the trademark can prove as a huge asset and contribute much to the goodwill of the business.
FAQs
Is there any chance my application gets rejected?
Yes, if there is insufficient information provided or you have opted for something similar to another trademark holder, it can be rejected.
Is the symbol ™ and ® same?
NO, you can use the symbol ™ once you have applied and got acknowledgment while for the symbol ® you need to wait till the application is accepted.
How to check my trademark class?
You can hire a professional service provider for the same.
How can I check if my design is already trademarked?
You can check it from database search.
Can I file a trademark in my personal name?
Yes, you can.
What are the items I can have a trademark for?
You can have a trademark for a product, item, or any physical thing.
Who can apply for a trademark?
An individual, companies, legal entities, firms; NGOs can apply for a trademark.
Is there any guarantee that I will get the trademark once applied?
There are many reasons that can affect your eligibility and hence there can be no guarantee for the trademark application approval.
Is online registration for trademark possible?
Yes, it is possible.
Is trademark application valid everywhere?
Yes, once you get a trademark it is very much valid across the globe.