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Overview
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. After the trademark is registered in India no other organization cannot use it as long as it remains in use. The [TM] symbol can be used with the trademark applicant with the brand once it is registered.
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Benefits
Legal Protection: When a trademark is registered, it is designated as intellectual property, which means it is protected against infringement. The exclusive right to use a trademark in connection to the “Class” of products or services it represents is also conferred by trademark registration. The symbol “TM” can be used with your items after you have filed a trademark application. Only once your trademark has been registered may you use the sign “R.” In addition, the TM sign can only be used for the goods and/or services stated in the registration certificate. In the instance of illegal use of a registered trademark, you can seek infringement redress in the country’s proper courts.
Brand Recognition: Customers link a product’s performance, quality, features, and other attributes with the firm that makes it. They use the logo, which is a registered trademark, to identify the goods in general. Trademark registration makes it easier for people to recognize your products and services. It also contributes to the brand’s goodwill. As a result, your brand is well-known and has a market worth over time. Brand recognition attracts new clients while keeping existing ones.
Creation of Assets : A commercial enterprise’s trademark registration produces an asset. For accounting and income tax reasons, a trademark is considered an intangible asset. Trademarks are intellectual property that has a monetary worth in relation to the products they represent. Trademarks can be bought, sold, franchised, assigned, or used commercially in any way. In the books of accounts, you can record the value or cost of trademarks, as well as claim a depreciation deduction, and record revenue from them.
Business Valuation & Goodwill: : Trademarks that are registered and connected with your products increase the total value, goodwill, and net worth of your company. Your trademark communicates your commitment to quality, as well as the unique aspects of your goods and the goal of your company. Trademarks aid in the expansion of your company. They aid in the retention of loyal consumers and the protection of your company’s reputation. Trademark recognition: In India, a trademark is valid for 10 years from the date of applying. The trademark, on the other hand, can be renewed indefinitely. You will require clearance or trademark registration in different nations if you wish to utilize your trademark outside of India or develop your business outside of India. In such circumstances, your Indian trademark registration and business serve as a foundation for obtaining registrations in other countries.
Business expansion: : A trademark provides a link between a company’s consumers and its products. You can build a consumer base by offering efficient or innovative items. Your trademark aids in the retention and expansion of your consumer base. The registration of your trademark grants you exclusive rights to use it for a period of ten years, protecting your business earnings. By launching new items and growing their business, businesses may take advantage of the benefits of having a client base.
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Documents Required
Listed below are the documents and details required for Trademark Registration.
Applicant's name
Business objectives
Registration address
Identification proof of the signatory
Business proof (depends on the type of business)
Business type
Brand/logo/slogan name
Signed Form-48
Address proof of the signatory
Udyog Aadhar/MSME registration certificate (optional)
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Frequently Asked Questions
In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features – the possibilities are almost limitless.
The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks.
What can be trademarked?
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
When can I use TM symbol
You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.
Validity of Trademark
In practical sense the trademark registry will continue to show your trademark alive unless it is withdrawn by you or it expires after 10 years of registration, due to non-renewal
When should I renew my trademark
indefinite time.
Yes, As we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.
The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.
An individual who thinks that his or her brand name or the reputation of the company will be damaged by the registration of a mark can raise a trademark opposition.
Yes, GST Registration is mandatory for export of services in India.Export of services or products is classed as a “zero-rated supply” under Section 16 of the IGST Act. As a result, it is not an exempt category. Zero-Rated Supply is also applicable to supply of export services to Special Economic Zones.