In simple words, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Therefore a trademark once registered drives as an untouchable asset (intellectual property) which is used to safeguard the company’s investment in the brand or ideogram.
https://www.registerkaro.in/trademark-registration
Why a Trademark registration is important?
It guarantees the identity of the origin of goods and services.
It may enable the consumer to make a lifestyle or fashion statement. The trademark would be an important asset for your business and contributes to the goodwill generated.
It stimulates further purchases.
With a registered trademark, you can stop others from using your trademarked business name/logo with regards to goods or services it is registered
Trademark can be considered just like any other form of an asset like real estate, as it can be sold, licensed, or assigned.
It serves as a badge of loyalty and affiliation.
What can you register as a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.
1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.
4. Other Options
a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.
c. Scent Mark: Even scents can be trademarked.
Trade Mark Classes
Under Trademark Registration process, goods and services are classified into 45 Classes of Trademark. It is very important to identify the class in which the goods/services fit into and file an application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.
What are the documents required for a trademark registration?
For individuals and sole proprietors:
Copy of the proposed logo, ideally in black and white (which is optional). However, in case the logo is not provided, the trademark application can be filed for the word.
Duly signed Form- 48. This form is an authorisation from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
Copy of the identity proof of the individual applicant or the proprietor which may include: passport, aadhar card, PAN card, etc.
Copy of the address proof of the individual applicant or the proprietor which may include latest electricity bill, phone bill, etc.
For Partnership / Company / LLP:
Scanned copy of the logo (optional)
Duly signed Form- 48
Udyog Aadhar Registration Certificate
Partnership Deed or the Incorporation Certificate
Copy of identity proof of signatory/ applicant
Copy of address proof of signatory/ applicant
For other applicants:
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.
Our Trademark Registration Process
The process of trademark registration is more complicated than one might think it to be. At Registerkaro, we make it easy for you by breaking it down into 3 steps and taking care of most of the work.
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Meanwhile, you can start using the symbol ™ as soon as the application is submitted!