Trademark

What is trademark ?
A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

Benefits of trademark
Legal Protection-Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.
Unique Identity-Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
Creation of Asset-Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
Trust or Goodwill -Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
Global Trademark Registration-A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
Makes Trademark Known-A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

Registration Process
Before filing an application :
CHECK THE CLASS IN WHICH THE TRADE MARK CAN BE REGISTERED: Before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark.An application should be made in the relevant classes of current goods/services as well as in classes where there is intent to use
NAME SEARCH : Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry.This include a report contain the similar or identical name. A Company cannot use the same name or closely similar name of another existing trademark in India. This report is optional but highly recommended because it allow you to rule out any possible objection to your trademark in advance.

• A name treated as undesirable if it:
• Close phonetic resemble of an existing Trade Mark
• containcommon name like State name, god name, country name etc.
• is different by the existing trade mark merely by addition/deletion of world like Nav, New, Modern etc.

After filing an application :
Upon filing of the application, the registry will issue with an official receipt with the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.
If, following examination, the trade mark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.
Trademark Registration is a tedious process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, once the trademark application is filed, an application number is allotted immediately and the priority starts from the date of application.
Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.