Trademark Registration in India: Step by Step Overview
Last week I met a friend who was extremely disturbed with the fact that he registered his brand in different classification of trademark. He also mentioned that he was working for last five years & was not aware of anything related to brand registration. He realized this fact when he saw others using his brand which he has put in his heart & soul in for five years.
We all would know or have heard numerous stories of these issues in our daily course of life. There is also another side of the coin in which we are sometimes little lazy or careless in not treating a brand as an asset. This leads to losing not only rights on your brands but also can make you go out of business.
Now the following question arises;
- Is trademark really necessary? Why?
- What will happen if we do not register our brand?
- How to register a brand trademark
- When to register?
- Where to register it from?
1. What is Trademark
A trade mark is a unique sign which helps you to distinguish your business goods or services from others.Your brand are represented by a trademark and it is of two types:
A. In form of a logo
B. In form of a Signature
Through a registered trade mark, you can protect your brand (or “mark”) by preventing others from using your brand.
2. Who can Register Trademark?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature.
The application should be in English or Hindi. It should be filed at the appropriate office from the state in which his company is registered.
3. When to Register Trademark?
Every Trademark should be registered as soon as possible. Primary reason would be once you have done all the hard to build a brand/ trademark & someone else would just copy. All of your hard work &resources put in to setup the brand will go down the drain.
4. Where to Register a Trademark?
5. How to Register your Trademark?
What Problems are faced during Trademark registration?
- Many Startups are not aware of the class in which they are doing business and when they file the application, they make the biggest mistake by entering the wrong details in the application form.
- After filing the application they can use ™ which means that the trademark is under registration process and will be registered if all the further steps moves smoothly. Many of them just consider ™ as their final process and drops out in between just by using ™ and when they come to know that their business class is used by other with ® mark they regret for not knowing the whole process.
- After the Examination report, the designed Trademark is either selected or objected which might be due to wrong/incomplete information or explanation.
- If the Objection is replied with accurate explanation then the Trademark will be selected and will be given with a ® certificate but if it is not accurate then it will get objection again and you have to reply with the same again.
Registering your brand is not a difficult process. Getting the right knowledge leads you towards successful registration for your brand. After all points explained above figure out what you lacking behind and get ® mark on your business.
About the Author: Lokesh Sharma is works with QuickCompany.in a, leading website to register a Trademark in India