Introduction:
In the pre-technology aeon the consumer was guided by the retailer or the distributor for the selection of the brand at the time of shopping for the goods, but now with the revolution and after globalization of the market, the brand of the product plays a pivotal role in the mind of the consumer while doing shopping. As the commercial activity is following the upward trends so is the competition and with this, the availability of different brands for goods is piling up in the marketplace. While a plethora of brands are available in the market for similar goods so it is always advisable to get your business trademark registered in order to maintain the unique identity of your business. Now in the period of technology revolution getting your business trademark registration is a very simple and hassle-free process. Having your business trademark registered has its own advantages and always makes you feel secure in its reputation in the market.
What is Trademark?
In simple terminology, the trademark means any mark or sign which is capable of distinguishing the goods offered or services rendered by one person from that of another person. It can be anything comprising a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours or any combination thereof. It is always opined to get the trademark registered in time in order to protect the brand equity. Now if we follow the simple analogy that A is carrying on manufacturing business and supplying goods of standard quality thus creating a trustworthy impression in the minds of the end consumer. On the other hand, B is also carrying on the business of manufacturing goods on the same brand name which is being used by A, but the goods manufactured by him are of inferior quality thus ridiculing the end user. This situation will prove to have adversarial effects on the business interest of A. If A would have registered his trademark then he would have legal right to institute legal proceedings against B and thus could have restrained him from using his brand name.
The symbol TM. reflects that the application for the registration of the trademark with respect to the goods has been applied and the same has been accepted by the office of the Trademark Registry. This further shows that the process for the registration of the Trademark is under process.
The Symbol SM. reflects that the application for the registration of the trademark with respect to the services offered has been applied and the same has been accepted by the office of the Trademark Registry. This further shows that the process for the registration of the Trademark is under process.
The Symbol R. reflects that the trademark has been duly registered with respect to the goods and services of the firm and the certificate of registration is provided to the proprietor of the trademark. The validity of the trademark registration is of 10 years from the date of the application for the registration of the trademark by the applicant.
Now we will discuss the benefits of Trademark Registration.
- There is tough competition in the market and number of brands are available in the market providing identical or similar products. Registration of Trademarks helps in creating a unique and distinct identity of goods and services and thus facilitates the consumer in decision taking.
- As number of companies are involved in the process of providing goods and services to the consumer creating the atmosphere of anonymity among them as they cannot judge as to whose services or goods they are utilizing. Registration of Trademarks helps consumer to relate or find the connection of the goods/services with its manufacturer or supplier or the service provider.
- Number of brands are available in the market offering identical or similar products or services to the consumer; some of these brands cater superior quality products or services and on the other hand some of them are indulging in the practice of inferior quality of goods and services. Registration of Trademarks installs the sense of trust and loyalty in the minds of the consumer qua authenticity, quality, quantity, standard of goods and services.
- Every business house strives to increase its business revenue and try to win the trust of its consumers and in order to do so they always experiments new ways to attract more and more customer attention. Registration of Trademark always encourages the firm or businesses to supply quality products and services in order to secure their business name, brand, logo, etc.
- Once the customer is satisfied with results of the products and services used by him then he becomes habitual for using the same and finds it more convenient to purchase the same without deviating to other brands. Registration of the Trademark ensures the goodwill of the business in the eyes of its consumers, associates and market and always facilitates the consumer in picking up the same brand quickly and conveniently.
- If the Trademark is not registered then it is possible that some other person could also offer goods or services under the same trademark used earlier by some other person. Registration of Trademark empowers the proprietor of the registered trademark to institute the legal proceedings against any person for the infringement of his registered trademark.
- In this aeon of technology and internet there is advent of new market spaces or platforms. Number of ecommerce websites have come into existence providing the shopping experience to the consumers at their convenience. There are number of e-commerce websites which allow only registered trademark goods or services to get advertised or provide services on their platforms.
- Trademark Registration facilitates the businesses to diversify and offer wide variety of goods and services under the same brand name.
Process of Trademark Registration.
In this transition phase where everything is going online, the Government of India has also taken the initiative to cater its services to its subjects online. Hence the process of registration of the Trademark is made very simple and hassle-free for the common man. The time duration in which the whole process is got done has also been prescribed in the legislative provisions of The Trade Marks Act, 1999 wherein it states that it only takes 12 to 18 months time to get the whole process for the registration of the trademark done. Following are the steps involved in the successful registration of the trademark:
Search of the Trademark: The process of the registration of the trademark initiates with the search of the trademark. The applicant has to be very careful while choosing the trademark. There are already tons of trademarks already registered. It is very critical as it will create a distinct identity of the goods or services in the market and for the successful registration of the trademark.
Filing of the Application: Once a unique trademark is chosen, the second step is to make an application for the registration of the trademark in the prescribed manner and along with the prescribed fees in the office of the trademark registry having the territorial jurisdiction of the area where the principal place of the business intended to be trademarked is situated. The application for the registration of the trademark has to be supported by the necessary documents as required by the office of the trademark registry.
Examination of the trademark application: After the successful filing of the application for the registration of the trademark in the office of the trademark registry the officials will carry on the extensive examination of the application and of the trademark. If any discrepancy is found in the examination then an objection may be raised by the officials asking for the clarifications within the prescribed time limit or they may reject the application. Once the application for the registration of the trademark is accepted by the office of the trademark registry then the applicant can use the symbol of TM or SM with his goods or services.
Advertisement of the Trademark: When the application for the registration of the trademark has been duly accepted by the office of the trademark registry then they will advertise the same in the Trademark Journal inviting the oppositions, if any, by any person whose rights may get affected due to the registration of the trademark in question in the application for the registration of the trademark. The time limit for the raising of the objections is prescribed to be of 04 months from the date of publication in the trademark journal.
Opposition from the public: After the publication in the Trademark Journal if the opposition is raised by the general public within the stipulated time frame then the notice of the opposition is forwarded to the applicant. The applicant is required to file the counter-statement to the notice of opposition within a period of 02 months from the date of receipt of notice of opposition. The evidence is produced by both sides before the registrar and an opportunity of being heard is allotted to both the adversaries. After considering the statements, evidence and contentions of both the parties the registrar shall decide whether the trademark in question is ought to be registered or not and pronounce his decision, after recording in writing the reasons.
Registration of the Trademark: This is the final and the most important step in the process of the registration of the Trademark. If no objection is raised after the publication in the Trademark Journal or if the objections raised are decided in the favour of the applicant, then the Trademark of the applicant is registered in the office of the trademark registry and a certificate of registration is issued to the applicant which is valid for a period of 10 years from the date of application for the registration of the trademark.
Documents required for the Registration of the Trademark.
- Application Form (TM-A)
- Copy of Logo (Black and White)
- Signed Form – 48
- Identity Proof of Individual/ Proprietor
- Address Proof of Individual/ Proprietor
- Udyog Aadhar Registration Number
- Incorporation Certificate (In case of Registered Company)
- Partnership Deed (In case of Partnership Firm)
- Document of First Use of Trademark (If the Trademark was being used for a long time)
Conclusion:
Registration of a Trademark has always proven to be beneficial for any business or service organization. It facilitates its owner to build a unique and distinct identity in the market. Investment in a trademark is a long-term investment and its owner reaps its benefits in the shape of goodwill of his firm or organization. The registered trademark also protects the end consumer of goods or user of services from being confused or deceived by any other sub-standard products and services. The process of the registration of the trademark has been made flexible in order to ensure ease of doing business thus giving a push to the national aim of Make in India.
Nitin Gupta
Trademark Attorney at Lawgenix-Legal Geniuses