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A trademark is any unique identity related to a product or service that distinguishes it from others. By trademark registration online, a brand can have a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.A logo, brand or trademark is the identity of business among the consumer. Online trademark registration can be done under various categories (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
Trademark search can be done by visiting the official website of intellectual property india http://www.ipindia.nic.in/1: Go to http://www.ipindia.nic.in/2: Click on public name search option.3: Fill details in form for trademark public search.
4: Choose the options “start with”, “contains” and “match with”.5: Enter the class of registered trademark.6: Begin the online trademark searchIt is necessary to file Trademark application under the appropriate category otherwise the TM application can be objected by the inspection officer. Read about thecomplete list of 45 trademark class with the set of activities.
After trademark e-filing; an owner can use the same for all the products falling under the trademark class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark, brand name, logo and can stop others from the unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorised user of the Registered Trademark.
The established quality of your product and services are known by everyone through the trademark registration online and which establishes trust and goodwill among the customers in the market. It helps in creating permanent customers who are loyal and always opt for the same brand.
It makes easy for customers to find your products of companies who have done trademark registration. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as an effective commercial tool. The Trademark e-filing gives a logo that can communicate your vision, quality or unique characteristic of your company and any organisation.
Trademark e-filing gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
Once the trademark registration is done; you can use the ® symbol on your logo stating that it is an online registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else uses the trademark, then you can also sue the party if the trademark is registered.
No competitor or another person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of the trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.
A trademark registration certificate is valid for 10 years from date of application. After the expiry, the trademark renewal form TM-R is submitted.Read about the Trademark Application Form