Getting a right trademark traced on the piece of paper, after spending hours and couple of nights is a big accomplishment. Right! Now think someone else possessing rights over that logo which you or your designer has designed after a lot of hard work. If someone else walks away with that logo, symbol, identity and name. You do not want this to happen. So, to protect you as well as your exclusive rights, Trademark Filing services comes as a rescuer.
Before proceeding further, let's understand what exactly does Trademark registration mean and how important.
Meaning & Importance
Trademark registration for business or a brand name means that the brand whether big or small belongs to the owner of Trademark. It simply says that â€˜This brand is owned by you and if someone else tries to use this Trademark to sell any product then you have all legal rights to sue that person or organization.’
What can be the Form of Trademark?
Trademark can either be any one of the following or combination any two or more forms depending on individuals own choice:
- Sound Mark
- Digital Marks
- Color Combinations
- 3-Dimensional Sign
Qualities of a Good Trademark
Now, when the ways in which a Trademark logo or symbol or graphical presentation can be attained are understood, let's understand the qualities of attributes of a practical Trademark. Here, it is important to understand that Trademark is not only a sign; in fact, it is a symbol that represents your business. It is the identity of your business and products. It must be
- Easy to remember, spell and pronounce
- If case of a Phrase; should not be much descriptive in nature
- Should be unique and must not look similar to any other Trademark
- Promotional words must be avoided (such as Best, Excellent, etc.)
In addition to this, one must know that an arbitrary mark possesses stronger possibilities of getting registered.
Who can apply for Trademark Registration?
The application for registration of Trademark can be filed by the owner, legal representative of the business. Approvals may be granted in the name of the organization, individual or the partnership firm (if any).
What if Trademark Resembles with other Trademark?
If one hires a professional Trademark Filing services for getting the tasks done, then they will ensure to fulfill each and every task to get the logo registered. For achieving the goal, Trademark Watch or Search services are offered where the executives perform a thorough search to ensure that no same or similar mark exists. The search procedure incorporates some branches.
The procedure of searching for the existence of identical logo, design, name or symbol help informing the applicant about the conflict situations beforehand. A worldwide search is also performed to make sure that no similar Trademark prevails internationally. Search report not only helps the clients in making wise and right decision but also helps to save huge cost and time.
What else is required to know before initiating Trademark Filing Process?
Once you are done with the Trademark, the very next step is to make sure that under which category and sub-category, the product or services required to be registered. The official website of the World Intellectual Property Organization provides 34 goods classes along with 11 service classes.
It is important to choose an appropriate category under which the business operates or tend to operate. In India, the applicant needs to pay for each category under which the business operates. However, the fee is exempted for any sub-category. Once, the Trademark is registered, the applicant receives an official receipt that contains TM number.
What Documents are required during Application Filing?
- Soft Copy of the Trademark logo in JPEG file format
- Name & address of Proprietor of the logo
- Date on which the mark is being used for first time
- Applicable fee through a defined payment mode
What Information does the Trademark Registry collect?
Preserved in a digital format, the Trademark contains:
- Class of goods or services under which it is registered.
- Details of the Proprietor such as name, address, etc.
- Trade particulars or other similar details.
Once registered, a Trademark lasts for the period of 10 years from the date of registration. However, the applicant can choose to renew the Trademark by paying the appropriate fee.
How Trademark Filing Application can be Registered?
Now, this is something tricky. Well! An easier and honest answer to this is that if an individual believes that he integrates all relevant information about the Trademark filing procedure, he can fill in the application form and submit it online. Alternatively, business owners can hire professional trademark filing services to ensure that the process is accomplished in a smooth manner. Moreover, one does not require filing and re-filing of the application.
Is Trademark Filing an Intimidating Process?
Trademark Filing & Registration is quite a cumbersome procedure as it involves some tasks. Right from search to approval, it is important to handle the application with an eye to details. Once the application is filed, an examination report is submitted within the duration of initial three months. Response to registration is then provided by a legal hearing, an affidavit or an interview.
Next, an examination report is issued to make sure that it does not conflict or meet with any other pending or existing Trademark. Once the raised objections are defeated or settled by the applicant, the application is published in the Trademarks Journals along with endorsements which state that either
- The Trademark is accepted; or
- It is already published before acceptance
Final Decision is Yours!
Trademark is a valuable asset for any business. Therefore, Trademark is important and vital to get a sense of recognition. You can also use TM sign with the unregistered trademark as this states that you are the proprietor of the Trademark. In India, use of the symbols is not prohibited in any form.
At last, it can be concluded that the Trademark Filing services play an important role in registration and approval of Trademark as they save time, money and, of course, additional efforts in the procedure. The Speedy procedure is followed right from the collection of data till approval of Trademark.