Trademark Registration


Trademark is used to symbolize a company name, brand name, logo or any symbol, name which identifies one’s business. Trademark also means a design, image, tagline, trade dress or the combination of these elements. In India the Trademark registration assumed its unique importance in all sectors of business only after the Trade Marks Act, 1999 was enacted. All sectors of business both Manufacturers and service providers were included under the purview of Trademark Classification. In order to protect a brand for a longer time trademark registration is mandatorily required.


Importance & Advantages of Trademark Registration


In the present scenario many new, budding entrepreneurs are entering the market day by day and lots of existing companies are emerging with new ideas and concepts. Promoting their business & corporate identity with a logo & tagline has become very important since globalization. There is a major threat proportional to the growth of many companies, duplication or imitation of one’s product / service. Hence it is a mandatory step for entrepreneurs is to register their company name, brand name along with the logo & tagline under Trademark.

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By registering a Trademark one can get the following benefits
  • Gives a Status of Branded recognition
  • Gives a monopoly right
  • adds good will
  • Use of the Symbol © ® TM
  • Power to assign or license the Trade/ Brand Name
    • It helps to prove a case on Domain Name Registration in the website arena.
  • Statutory right to sue in court
  • Easy to prove infringement and recover damages

Trademark Registration Process - Complete Process


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The process starts with Trademark Search to

  • Primarily search for any similar or identical name with the Govt Trademark database
  • Apply for Registration before Trademark registry
  • Application will be Scrutinized by Govt officials
  • Application will be Published in Trademark Journal
  • Finally the application is Registered and Provided with a Registration Certificate

TIME PERIOD FOR REGISTRATION

varies from 2 to 3 years based on various factors.

TRADEMARK RENEWAL

From registration it is valid for 10 years and has to be renewed once in every 10 years