A trademark is the distinctive identification that distinguishes your business, product, or service from the competition. Your company’s intangible asset and intellectual property is a registered trademark. It safeguards the financial commitment made to winning your consumers’ loyalty and trust.
A trademark registration gives you the legal ability to sue those who attempt to steal your trademark and forbids them from using a mark that is confusingly similar to the one you have registered.
What can you register as a trademark?
There are numerous facets of your brand’s image that might be trademarked. Which component of your brand stands out to your customers is the factor you need to take into account. Select the relevant aspect(s) for your India trademark application.
- Product Name: The name of a certain product can be registered as a trademark. The iPod is a trademarked product name of Apple.
- Company Name: The most popular course of action for firms is to register their company names as trademarks. as in Bajaj.
- Name/Surname of the Person: If your name is crucial to bringing in money, you can even trademark it! Ex: Shah Rukh Khan has registered his name as a trademark.
- Abbreviations: A trademark can also include an abbreviation of a company or brand name. Ex: BMW.
2. Logo or Symbol:
Because your logo visually symbolises your brand, trademarking it is highly advised. More quickly than a name, your customers can recall your logo. Nike’s “swoosh” is an excellent illustration of a logo trademark.
You should also trademark your brand’s tagline if you have one. Customers can learn what your company stands for via your tagline. ‘It’s finger lickin’ good,’ as in the case of KFC.
4. Additional Choices:
- An individual colour or a group of colours can be trademarked. Example: Cadbury has registered the colour royal blue as a trademark.
- If we can demonstrate that a musical note or sound is distinctive, we can trademark it. Example: Airtel’s songs used in it advertisement are protected by trademark.
Why Is Trademark Registration Important?
The following reasons make trademark registration crucial and vital for businesses:
- It aids in fostering your consumers’ loyalty and trust.
- It provides the identity of your brand with legal protection.
- It safeguards against unlawful use of your brand’s identity, making it valuable in and of itself.
There are 45 trademark classes, and each class has a category for all products and services. The classifications you choose must be carefully considered since they will affect whether or not your trademark is valid for the goods and services offered by your company. If your company offers a variety of products and services that fall under various classes, you must make sure that you can submit an online trademark application for each class that applies.
In India, some of the most popular trademark classes are:
Class 9: which includes computer software and electronics,
Class 25: which includes clothing,
Class 35: which includes business management and advertising, and
Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
How to register your Trademark along with the help of FYOC?
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Register trademark today to protect your company’s logo, slogan, and brand by following the mentioned steps
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration online in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Once approved, Congratulations! You can now start using the symbol ™ as the application has been approved.
Step 4: Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counterstatement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
The registration of a trademark may occasionally have specific flaws or issues, according to the trademark examiner. These problems can include incorrectly filling out a trademark application form online, using the wrong name or data, using offensive or misleading phrases, providing insufficient information about the goods or services, or using an identical or misleadingly similar mark.
After an investigation of the objection itself, along with any necessary supporting documentation and proofs, a professionally written answer must be provided. When an objection is raised, the status on the register will show as “Objected.” Your chance to bolster your claim over your mark and create urgency is provided by the objection response.
If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
On the other hand, a trademark opposition is a court case in which one party tries to prevent the approval of a trademark application. Third parties that believe your trademark might adversely affect them or their own trademark submit a trademark opposition with the trademark examiner in writing in the form of a notice. If the examiner determines that the objection has validity, they must notify the applicant, who has two months to submit a counterstatement to the Registrar.
The Registrar may decide to dismiss the opposition if they believe the counter statement adequately addresses it. The registrar may also schedule a hearing where both parties come before them and argue their cases if they believe there is more to be considered. The Registrar will make a determination regarding the admissibility of the application or the opposition following the hearing. Within three months of it becoming public, this decision may be appealed before the Intellectual Property Appellate Board.
Documents Required for Trademark Registration Online India
Initially, you have to provide us with the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
How FYOC can help you?
We believe in the benefit of lasting relationship. We assist you with finding best legal advisors, helping you with Fighting Your Own Case.
We will help you to find right advocate for your dispute and also help you to fight your own case. We believe in democratic, non-profit, and problem solving systemically with legal counsel which would strengthen the community. The determination of the need for legal services and the choice of a lawyer are extremely important decisions. Our mission is to provide a easy-to-understand and effective legal advice to our clients and make their life less complicated with the legal terms.