You might have heard the old saying, what is in a name? The truth behind it is everything is in the name. For instance, you can take the examples of Apple, Google, Tata, Microsoft, and Reliance and so forth, even a person like Sachin Tendulkar and Virat Kohli. Everyone has their own unique identity related to their names. In commercial terms, such names are referred to as the brand name, logo, or mark, which is the identity of the organization.
Before going into that, it is extremely important to carry out the brand registration at the earliest before prior to your business in India to protect the brand in the market from unauthorized use by third-party. Trademark registration is straightforward but a crucial process for any business organization or entity. To illustrate the identity and distinctiveness among the rivals, the brand name, logo, or mark must be recognized in a legal manner in the market.
To put it simply, branding is a process of incorporating and using an image or the word to locate or identify a company and its products. The brand is goodwill or reputation by which the general public recognizes the organisation or the entity.
The significance of the brand in the market.
– To provide legal identity and recognition to the product of the organisation or the entity.
– To distinguish betwixt the organisation and its rivals in the market.
– To access exclusive prerogative of the process or product or ingredients.
– To promulgate and increase the sales of the organisation.
– To increase the revenue of the organisation or the entity.
– To promulgate the reputation and goodwill of the business.
– To utilize some intangible assets to make and explore tangible assets into productive assets.
Who can apply for the trademark registration process?
The trademark can be applied by anyone who proposes to use or uses the brand name, logo, or mark for commercial purposes. The owner of the trademark can be a person, an organization, a business, a charitable trust or a government agency.
What are some of the details that can be trademarked?
– Any symbol, word, heading, title, name, label, signature, numeric or any other combination thereof.
– Any base or punch line, slogan, and so forth are to be used to explain any product better to the customers in the market.
A trademark can be applied for a term, expression, emblem, device, or even a color. Anything that separates the party’s or company’s products from those of another qualifies. However, the item must be used commercially to qualify for exemption under the legislation. And this includes businesses to renew a trademark ever ten years.
- Trademarks are important for the following reasons:
- Distinguish your company from the competition
- Indicate the origin of the products
- Differentiate your service from the competition
- Permit cobranding with other businesses
- Indicate if you are a member of a union.
- Additionally, a trademarkable sign identifies you to consumers.
This is particularly critical when two businesses in the same sector, for example, have the same name.
There are three distinct categories of trademarks:
- Trademarks and service marks: This include are phrases, words, or symbols that identify the products or services of a business. A service mark, on the other hand, denotes a service, while a trademark denotes a fine.
- Collective Marks: These are similar to trademarks; in that they are used to describe a larger group. Members of a community may benefit from a unified trademark by collective marks.
- Certification Tags: These marks describe a product’s characteristics. For instance, if anything is made entirely of cotton, it will qualify for a certification label.
What is the process one is required to follow for trademark registration?
– It has to be easy to locate and recognize.
– It has to be easy to remember for everyone.
– One should choose a logo or sui generis name.
– It has to be identical to the product or the service.
It is advisable that one should design the logo from experts or professionals so that its distinctiveness and longevity would be helpful in the foreseeable future amidst the market competition.
If the brand is to be registered under the name of the firm, the documents of the firm or the organisation are needed. If the brand is to be registered under an individual’s name, then his/her documents are required. The general documents that one is obliged to furnish are, shop act license, PAN card, VAT registration certificate, or any other business proof.
Where can one register for it?
All the trademarks and brands are registered and governed by the controller general of patent designs and trademarks, which performs under India’s ministry of commerce and industry. The process is entirely online and almost takes up to seven to ten days before completion. If the authority finds no objection and error, then they would allocate you the trademark registration certificate.
Uses of the brand or the trademark.
Once your brand gets registered, you will be eligible to use the ™ symbol after your name of the logo. Once the whole registration process is wrapped up, and enquiry from the department and the resolution of no objection is done, then you will be allowed to use the ® mark behind your name or the logo.