As per Trademark Act, 1999 trade mark is defined as a mark which can be represented graphically and which is capable of distinguishing the goods or services of one person from those of others and which may include shape of goods, their packaging and combination of colors.
A trade mark is registered under the Trademark Act, 1999. A person pretending to be the owner of the mark used or proposed to be used by him, can get itself registered with the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry who administer the statutory protection of the trademarks.
WHO CAN APPLY
Any person which can be individual, company, proprietor or legal entity claiming to be owner a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. A person whose name is mentioned as an applicant in the Trademark Registration form will be declared as the owner of the trademark once the trademark is successfully registered.
BENEFITS OF REGISTRATION
- Business Opportunities: –
A product or service being sold under a registered trademark helps in developing trust, quality, goodwill in the minds of a customer. It gives unique identity as comparative to other sellers.
- Legal Protection: –
If the registered trademark holder has a doubt that the registered trademark is used by someone else then he can take legal actions of infringement of copying the logo, brand, name or slogan.
- Unique identity: –
The product or service will be recognized by the customer only with the brand name as it will remain companies own personal asset as the competitors won’t be able to use it.
Creation of an Intangible asset: –
Registered trademark is the intellectual property of an organization as it can be a valuable asset if in case the Brand builds the name and succeeds. It can be traded, franchised etc.
- Brand Recognition: –
By registering the trademark it helps in facilitating the recognition of brand for your goods and services. It also creates goodwill associated with the brand. Thus, the brand is recognized as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customer.
PROCESS OF REGISTRATION
VALIDITY OF TRADEMARK
All registered trademarks are valid for 10 years from the date of registration.
When the validity of a trademark expires, it can be renewed simply by giving the Government fee for registration within 6 months from the date of expiry of the trademark by Form TM-12 for renewal of Registration.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
How SmartBizguru will help you
- Application Preparation
- Name Search and approval
- Application submission
- Same day Filling