What is a Trademark? Process of Trademark Registration

When we are talking about Trademark, your brand, it’s time to label your brand or your company with the help of Trademark Registration or Brand Registration. 

First, we know what a Trademark is and how to get one.

What is a Trademark? 

A trademark is a symbol that makes your company, goods, and services stand out from the rest. It is your company’s intellectual asset. If other companies use your brand without your consent, you can take legal action against them.

In the meantime, you can process the trademark registration online.

How to Register a Trademark Online?

The Process of Trademark Registration Online is way more complicated than it seems. But there are other ways to register your company in a straightforward manner. Go through these steps and register your company by yourself.

Step 1: Trademark Search

Firstly, you need to briefly describe your company and what brand you want to Trademark. Then, we search if it is available or not.

Once you set an available trademark, we move on to Step 2. 

Step 2: Class Selection and Document Collection

The next step is to select the Class for your business. Simultaneously, you can start uploading the documents which have these components.

• Name and address of the Applicant.
• ID Proof of the Applicant.
• Name and address for follow-up communications (it does not have to be the same as the name and address of the Applicant).
• Picture of the preferred mark.
• Description of the mark.
• The Trademark registration application covers the specific list of your products.
• The Class of your Products.
• The date of the mark, when it was first used.
• Signature from an authorized representative.
• The Fees for the Class’s number and type includes on the Application.

Now, we move on to Step 3.

Step 3: Fill out the Trademark Registration Application

After uploading the relevant documents. You must fill out the trademark application form and ensure that your Application is accurate and error-free before submitted along with the documents.

Importance of Trademark Registration in India

A Trademark guards your brand and provides you with the tool to prevent someone from having access to your Trademark. Let’s go deep to know more reasons for the importance of Trademark Registration in India:

1. Valuable Assets
2. Brand Protection
3. Brand Individuality
4. Easy for Clients to find
5. Easy for Communication

Difference between Trademark and Copyright

A trademark is a symbol, logo, design, or combination used for trading goods. It describes the source of goods and services and differentiates it from the other. It gives the rights to use a Trademark of their products and services owner. Although, Copyright is also a tool to protect intellectual property, which is in the form of Literature, books or poetry, paintings or sculptures, etc. It grants the Righ to the creator of the work to precisely copy the work for monetary benefits.

These are the points that assist you to learn the differences between them:

1. Target Objects: The Trademark protects the brand name, domain name, and logo labels, whereas the Copyright protects artistic or musical work.
2. Purpose: A Trademark’s goal is to maintain exclusivity for its products or services in the market. Whereas, Copyright gives the exclusivity to use and distribution.
3. Merits: The sole purpose of a Trademark is the brand establishment and trust implant in clients. Whereas, Copyright prohibits anyone other than the creator from reproducing the copyrighted work online or offline.
4. Duration of Validity: The Trademark is valid for 10 years, which is renewable to protect from intruders. In contrast, Copyright is valid for a lifetime.
5. Symbol Identification: The Trademarked product is licensed to use the Ⓡ sign after registration. In contrast, the symbol © protects copyrighted original work.

Steps for Copyright Registration

Step 1: Fill out the Application

DDs or IPO documents must accompany an application along with the required fee.

Step 2: Examine the Application

We must wait until 30 days to record and analyze any complaints arising from the copyright trademark application.

• In case of no Objection: If there is no objection raised, an examiner will review the Application. There are two options available to respond to this investigation.
• In case of variation found during an investigation: The Applicant receives confirmation of any variation found in the inquiry; the correspondence of dissimilarity applies to the Applicant. According to the reply from the Applicant, the Registrar conducted a hearing over the claimed disparity. Once the variations cleared during the hearing, the extracts of the same were sent to the Applicant to register the Copyright Trademark for himself.
• In Case of Zero Variation: This means no issue occurred in the Application, and it fulfills all the criteria required for the Copyright Trademark. Then, the Application is good to go for registration.
• In case an objection is filed: While we Classify above all the scenarios of ‘no objections,’ if an objection occurs, we take the steps mentioned above. Authorities send letters to the concerned parties to convince them to resolve the conflict privately. After necessary replies from the third party, the Registrar conducts a hearing. The procedure proceeds as described, depending on whether the Registrar accepts the response. 
• If the Application is accepted: It means no objection has occurred in the Application; while investigating the Application by the examiner.

Step 3: Registration

Registration depends on the Registrar. Once everything is done from the Registrar’s end. The Applicant receives the Copyright Trademark and can legally access all rights that come with the owner of that Copyright Trademark.

Conclusion

Trademarks are a healthy marketing tool to promote brands involved in buying and selling Goods and Services. Trademarks are essential to increasing income and value in the economy. Creating a positive brand image through a Trademark can result in good business. It plays a vital role in raising awareness among people about a particular brand and its credibility. The right to own a brand and Trademark applies to the business owner.