September 6, 2018

Trademark Registration

Trademark Registration

What Is Trademark?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

Immediately upon application, the symbol ‘TM’ can be used by the applicant. Once, Trademark is registered ‘R’ symbol can be used and this registration is valid for 10 years. Those registrations, upon expiry of term can be renewed for another 10 years by making necessary applications.

Benefits Of Trademark Registration

Legal Ownership

It gives the right to the owner for exclusive use of the trademark and sue for damages or take necessary action in case of misuse of trademark. This protection is enforceable only if the trademark is duly registered.

Goodwill/Brand Name

It creates goodwill and generates a positive brand image in the minds of the people that is unique and exclusively possessed by the owner. People shall attach value to the brand if the trademark is registered.

Value Addition

Trademark is an intellectual property which is an intangible asset and the same can be commercially valued for any transaction such as in case of corporate restructuring.

 Documents required for registration

  1. Business registration certificate
  2. Identity Proof of the Authorised signatory
  3. Color Copy of the Logo (Tagline can be used)
  4. Affidavit
  5. Form 48- Authorisation to the Attorney