WHAT IS TRADEMARK?
Trademark is a symbol, phrase, word, mark that refers to a specific product. It legally differentiates a product or service from all other of its kind. It is used to protect the goodwill of the business or Brand and to reap their positive benefits.
WHY IS IT ESSENTIAL TO GET YOUR TRADEMARK REGISTERED?
- It helps in protection of your brand, product or Services from competitors.
- Trademark registration gives you ownership to use the brand’s name and restrict others from using it.
- Trademark registration provide a distinct identity to a product or service and thus helps in business growth.
- Trademarks are considered intellectual property having a value. They can be sold and licensed.
For example:
- Coca-Cola, has a unique Logo and script which is registered, thereby providing legal protection against unauthorized use.
- McDonald’s Trademark includes a golden logo of letter M. The Trademark ensures brand recognition and offers strong legal protection.
CONSEQUENCES OF NOT GETTING YOUR TRADEMARK REGISTERED
- No exclusive rights: If your Trademark is not registered, anyone can use your brand name or logo.
- Lack of Legal Protection: If your Trademark is not registered, it’s difficult to take any legal action against imitators.
- Brand Confusion: Customers might get confused by similar brands/logo which will affect your business.
- Risk of losing Brand: Someone else could register your brand and prevent you from using it.
- Limited Market Recognition: If your Trademark is not registered it might be harder for your brand to get recognized in the market.
TRADEMARK REGISTRATION TIMELINE
Timeframe: The entire registration process of registering a Trademark typically spans 12-18 months. If it’s a Unique Brand Name, Symbol, Phrase etc. then the registration process takes less time. However, in case of generic or ordinary mark this timeframe may exceed.
FILINGS UNDER TRADEMARK:
These forms are essential for various stages of the Trademark registration process and for maintaining the validity and accuracy of the Trademark records:
| FORM NAME | PURPOSE |
| TM-A | Application for registration of a Trademark |
| TM-P | Application for assignment of a registered Trademark |
| TM-C | Collective Trademark application |
| TM-O | Opposition and rectification. |
| TM-G | Geographical indication |
| TM-R | Renewal of a Trademark |
| TM-M | For amendment or rectification in the Trademark application |
VALIDITY OF A REGISTERED TRADEMARK:
A registered Trademark in India is valid for 10 years from the date of registration. The registration can be renewed for an additional 10-year period by paying the required fee and submitting an application to the Registrar before the registration expires.
CONCLUSION:
Trademark registration is a crucial step for any business looking for the protection of its brand name, logo, slogan etc. By understanding the complexities of the Trademark registration, business can avoid unnecessary complications and can legally protect its brand by registering the Trademark. A well-protected Trademark can serve as a powerful tool in establishing and maintaining a strong market presence.
Happy Reading!
Team Businezexcellence
