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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 businesses.A logo, brand or trademark is the identity of business among the consumers. Online trademark registration can be done under various categories and there are 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.
A Trademark is a unique symbol, or series of words or any other combination of words or symbols that can be used by a specific organization and not by any other organization without the official consent of the specific organization under which the particular combination of the words, symbols or both are registered. This is a way of registering your product so that it gets a particular brand name and no other product or other firm can use it to brand the product.
The major examples of the trademark registration are that of McDonalds, Dominos, KFC and many other firms. These firms have got their unique symbol registered for example, the red and blue square of Dominos is the registered trademark of Dominos. No other firm can use that symbol and colours in that particular order to bring out his product in the market.
In all the above mentioned, trademarks we can observe that the symbol had become synonymous with the name of the business. In fact, so much is the power of the trademark that majority are known by their brand name and not by their registered name in the market. The market in which they are established is knows their name and only the collection of the symbols and other symbolic representation but not the actual name of the company.
The trademark hence should be chosen carefully. It must carry some meaning and should represent the company and its products. It should not be the case, that by seeing your brand name or the trademark the consumers are not able to get an idea about what kind of a company are you or what do you do?
One must see that trademark is a powerful concept. It sometimes takes months, years to come up with a single brand name which strucks resonance with the consumers and it is not easy to get a name that will resonate with your product or service and at the same time also resonate with the consumers. Hence, one should focus on the name and also what symbolic representation does your trademarks holds? One must always give some thought before proceeding towards finalising the trade mark.
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 the Public name search option.3: Fill details in the 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 the 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 this 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 the 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 inclusive 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 up to 10 years from the date of application. After the expiry of same, the trademark renewal form TM-R is submitted.Read about the Trademark Application Form
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