Trademark Archives - LegalRaasta Knowledge portal Information on company registration, FSSAI, IEC, MSME, trademark, ISO and registrations Thu, 08 May 2025 10:48:31 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.1 Safeguard The Logo Of Your Business As A Trademark Registration https://www.legalraasta.com/blog/logo-potential-trademarks-protect-brands/ Wed, 07 May 2025 12:07:37 +0000 https://www.legalraasta.com/blog/?p=31848 In the digital era, protecting the brand name of any company and its logo has become a tough task. The digital fraudsters are attacking the websites of companies to obtain the necessary details or using information, including name and logo, for another purpose. However, the Indian administration introduced a trademark registration through which the business [...]

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In the digital era, protecting the brand name of any company and its logo has become a tough task. The digital fraudsters are attacking the websites of companies to obtain the necessary details or using information, including name and logo, for another purpose. However, the Indian administration introduced a trademark registration through which the business operates and can protect its company’s details. 

Overall, a trademark grants the exclusive rights to the trademark holder, who can use its logo, word, packaging style, and phrase for advertisement or e-commerce without involvement in unauthorized use. This blog will explore how trademarking the business protects the logo and other major details. 

How Does Trademark Registration Protect Brand Identity? 

The features of a trademark imply that the trademark owners can utilize the use of their brand logo, which they hold. The trademark registration eliminates the excessive involvement of unauthorized businesses and grants the exclusive rights to shield the logo of the industry. Here are the points that explain how trademarks protect the logo of a brand:

Use of exclusive rights: The logo registration permits businesses to use the exclusive rights of their logo. Although in connection with goods or services, the trademark owners can use their logo for marketing, e-commerce, or advertising. 

Legal protection: Trademarking a logo protects it from non-compliance. It further alters those who use a similar logo. The owners can take action against those unauthorized persons or businesses who use their logo, which can generate doubt among the customers. 

Brand reputation: Trademarks play a pivotal role in providing a visible brand image that helps to boost the business reputation. Furthermore, it is a primary factor in making a difference from market competitors. 

What is the Procedure for Trademarking a Logo?

The logo registration adds a multi-faceted process. For the protection of the business logo, registration of a trademark is pivotal. Typically, it creates a shield for legal non-compliance, permits the use of exclusive rights, and many more. 

  • Before registering for trademarking a logo, it is important to search for the same logo trademark to ensure whether it is in use by someone else. Create a unique and different logo that helps to provide a different identity for fast-market work.
  • With the eleventh trademark office, fulfill the application process. Gather the essential documentation, including the details of business and personal. Make an application payment. 
  • The application will be reviewed by the official and updated on the Trade Marks Journal after approval. 
  • The official raises concern that if any error is found, the operators can correct the details.
  • The successful registration grants the owners to use their exclusive rights of their logo. 

Also Read This – Build Sustainable And Recognizable Brand Using Trademarks

Final thoughts

Building and managing a strong brand presence can be done through trademarking a logo. By reducing complexity, it offers a unique logo identity with the use of exclusive rights. Legal Raasta is a top specialized industry in providing comprehensive trademarks in the fast-paced world. 

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A Complete Procedure To Safeguard Your Brand In The Digital Era https://www.legalraasta.com/blog/guide-protecting-brand-digital-age/ Tue, 06 May 2025 06:38:46 +0000 https://www.legalraasta.com/blog/?p=31819 Managing the brand and its logo has become more mandatory in this rapidly growing digital space. Well, with the increase of the digital world, the concern regarding cyber threats is rising. On the one hand, the use of a digital platform is one crucial thing to increase marketability. However, the platforms are raising the potential [...]

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Managing the brand and its logo has become more mandatory in this rapidly growing digital space. Well, with the increase of the digital world, the concern regarding cyber threats is rising. On the one hand, the use of a digital platform is one crucial thing to increase marketability. However, the platforms are raising the potential fear of cyber threats and global visibility.

Due to negative use of digital technology, your brand’s assets and image can easily be compromised. The blog explores which process can be accepted to safeguard the brand in the digital world.

What Steps Should be Followed to Safeguard the Brand?

1. Secure Legal Protections

Begin securing your brand with fundamental elements. Follow the registration procedure to obtain a trademark certificate. Registering the brand name, logo, slogan, and any important identities with trademarks with the relevant authority. The trademark registration offers a legal platform to work against unauthorized brands.

Another work of trademark is to protect the brand’s domain name and digital platform handles from relevant brands. Meanwhile, it has become necessary that when you are active in international markets, you need to register for an international trademark.

2. Register and Monitor Digital Assets

Register with the relevant authority to prevent impersonation of your assets. Using the domain protection services helps to protect against unauthorized access. Activate the option of Google Alerts and take advantage of brand monitoring tools like Brand24, Mention, or Meltwater. The Google tools are responsible for overseeing your brand name across the digital platforms.

3. Implement Cybersecurity Measures

The brand registration protection can be enhanced with a cybersecurity feature. Enable the SSL certificates on active platforms that mention your brand name and logo. The elements help in the certification of internal and customer systems

4. Manage the Social Media Platform

Monitoring the social media platforms that possess your brand name and logo is the first step to protect from unauthorized use. Generate a unique and tough password. Manage the engagement of other social media accounts or relevant names of businesses.

5. Create a Policy for the Brand

Write external and internal rules and regulations for your brand. In internal guidelines, give proper training to the staff and educate them about messaging. Externally, demonstrate a visible regulation regarding how others may reference or use your brand.

6. React to Non-Compliance and Threats

Generate a strategy to respond to unauthorized use that can damage the image of a brand. Take strict action or report the fake or fraudulent accounts that are using your brand details. Connect to the appropriate channel or authority that helps to delete the non-compliant content.

Also Read This – How Trademark Registration Prevents Brand Infringement?

Final Thoughts

With the rise of the digital landscape, protecting the brand from unwanted or unauthorized logos has become a major part. By implementing the strategies, the operators can safeguard their brand, name, logo, and image. Connect with professionals at Legal Raasta to understand the complex procedure to secure the brand. Make a wise choice for future development by taking the consultation for the industry’s professionals.

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Select An Attorney For Trademark Registration In India https://www.legalraasta.com/blog/select-trademark-attorney-trademark-registration/ Tue, 06 May 2025 05:10:07 +0000 https://www.legalraasta.com/blog/?p=31808 For businesses, a trademark registration is the best tool to protect and provide a unique reputation for the brand. The word 'trademark' signifies the identity of the brand and distinguishes it from other companies. On the other side, the various operators are committed to their brand by protecting it with trademark registration. While in this [...]

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For businesses, a trademark registration is the best tool to protect and provide a unique reputation for the brand. The word ‘trademark’ signifies the identity of the brand and distinguishes it from other companies. On the other side, the various operators are committed to their brand by protecting it with trademark registration. While in this situation, the trademark attorney plays the crucial role.

Appointing an advocate enhances the process of trademark registration. How can I hire a knowledgeable attorney in India? This blog explores the multiple factors that help to select an attorney for a trademark certificate.

Importance of a Trademark Registration Attorney

For the trademark registration to obtain the certificate, the businesses can hire an attorney. For the businesses, the trademark attorneys perform an instrumental role as they are responsible for providing professional guidance to their clients. Throughout the trademark registration process, the attorneys support legal proceedings and also ensure that the client can protect their brand and its reputation. However, the searching procedures involve the factor of research, their communication style, the amount they charge, and how much experience they have in the same field. Check out what steps you can follow to appoint a trademark attorney in India.

Conduct Research and Reputation Review

Research is the way to appoint a knowledgeable trademark advocate. Visit the attorney’s work profile and review what the clients are mentioned for their work. Note what the experience of other clients was. Appoint a trademark expert attorney who understands the way to handle registration cases.

Also Read This – How Trademark Protection Enhance Brand Growth and Recognition?

Capacity and Taking Nature

A manageable or understandable communication way creates a strong bond between a client and an attorney. Analyze the communication method and also ensure whether the attorney can offer successive advice that helps to specify your issues. Further acknowledge the availability of an attorney who can respond in any situation and can update properly.

Fee and Trademark Cost

Understand their fee structure and ensure that services and advice are added. Make sure that the attorney and you go through the understanding of multiple trademark actions and costs. The attorney also charges for managing opposition proceedings.

What is a Trademark and its use?

The registration for a trademark certificate is the legal procedure to protect the exclusive rights to the brand and logo that signify a business’s goods or services. The trademark registration prevents the business identity from unauthorized use or infringement of trademarks.

Registration grants exclusive rights to businesses that can take action against anyone who is using a similar brand name or mark, which can cause confusion or breach of trust among customers.

Conclusion

The blog defines the trademark registration attorney as a pivotal asset for those businesses or individuals concerned with protecting their brand and its other assets. The advice and legal help of an attorney minimizes the risk factors for future legal issues. Legal Raasta is one of the most recognized industries in India that is experienced in providing comprehensive trademark services and further helps in trademark registration.

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How Trademark Protection Enhance Brand Growth and Recognition? https://www.legalraasta.com/blog/trademark-protection-enhance-brand-recognition/ Sat, 05 Apr 2025 10:58:21 +0000 https://www.legalraasta.com/blog/?p=31684 According to the World Intellectual Property Organization (WIPO), trademark protection implies the exclusive right of a trademark owner to use the mark and rights they obtain as its holder which can be reinforced in numerous ways. A business can use its trademark (any phrase, word, logo, symbol, or packaging design) across various activities including advertising, [...]

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According to the World Intellectual Property Organization (WIPO), trademark protection implies the exclusive right of a trademark owner to use the mark and rights they obtain as its holder which can be reinforced in numerous ways. A business can use its trademark (any phrase, word, logo, symbol, or packaging design) across various activities including advertising, e-commerce, business management, and marketing.

In the United States, trademark registration is handled by the USPTO (United States Patent and Trademark Office). However, in case someone wishes to register their trademark in multiple countries at the same time, they can use the Madrid System which is a WIPO’s centralized trademark application process.

This comprehensive blog highlights the role of trademarks in driving business growth and enhancing brand recognition, along with brief insights into the Madrid system of WIPO.

What is the Madrid System under Trademark Protection?

Imagine a corporation that intends to expand its business to Australia, Canada, and Japan, all at once. However, the entity is worried about its brand name and its specialized product becoming a target of counterfeiting and trademark offenders. To tackle this, the business considered applying for trademark registration in each of these countries, navigating through their regulatory process of registration and other pivotal requirements. Soon it realized how cumbersome it could be to apply in each country, meet each of their standards, pay the varying fees, and submit documents that are not so easy to compile and furnish.

The Madrid trademark system, administrated by the WIPO (World Intellectual Property Organization) resolves this issue and provides a centralized system where a person can use a single application to obtain trademark protection in multiple countries. The system governed by the Madrid Agreement (1891) transformed the way of obtaining trademark certificates, by cutting down the overall costs and time that would have gone into preparing and filing numerous applications in each of the countries.

To apply for a trademark under the Madrid system, the applicant is mandated to first have it registered (or pending registration) in its regional or national jurisdiction. Thus, it emphasizes the fact that in case someone from India wishes to apply for an international trademark, he/she must have applied for or registered their trademark in India first. In addition, the trademark element must be the same on both international applications and the one already/about to get registered in the home country.

Applicants must check their eligibility before proceeding with the application. For instance, only those nationals or residents can apply for international trademarks under the Madrid system whose country is a signatory to the system. In addition, the IP office of each member of the system performs an examination of the application to determine whether it should grant or refuse the trademark protection. The time limit for this is from 12 to 18 months.

A wordmark safeguards the word, letter, or numerals of a brand with no protection provided to its design or graphical elements. Such trademarks do not consider how the element is presented or designed. For instance, if a company registers its wordmark ‘ABC Ltd’, only the term will receive protection, not the specific font or color used. On the other hand, a design mark trademark takes a more comprehensive approach, protecting not just the text but also the visual elements like typography, color, shape, composition, layout, and other design features. To apply trademark online, businesses can easily navigate the process and ensure their brand’s unique visual identity is properly safeguarded.

Role of Trademark Protection in Enhancing Brand Growth

Brand growth refers to strengthening of brand’s presence in the market. It makes the products or services of the business more visible, create strong customer relationships, and increase the popularity of the brand. Trademark registration helps in driving business growth due to the following reasons:

  • Establish Legal Ownership: The trademark registration provides exclusive rights over their proposed mark, allowing owners to use it in relation to specific goods and services. This prevents others from using the same trademark such as a particular symbol or a catchy logo. It prevents the risk of any confusion that can hamper the sales, market share, and customer base of the business.
  • Prevent Unauthorized Use: Trademark registration ensures that nobody uses the registered mark without prior approval from the owner. In case someone infringes or imitates the mark to deliberately deceive the customers or steal the popularity of the brand to drive its sales, the infringer can attract an infringement suit against him and other legal charges causing it to pay a hefty amount to compensate for the damages.
  • Improve Brand Identity: Trademarks shape the perception of customers and communicate the brand’s value, vision, and practices to key stakeholders including customers. A trademark helps in marketing and deepening connections by allowing the business to endorse its brand in sponsoring events, packaging, websites, social media platforms, and meetups. This in turn improves the brand identity and enhances business sales and revenue.
  • Deter Imitation: By registering the trademark, brands can eliminate the risk of duplicity of their mark. The registration ensures that no individual or corporation illicitly benefits from the established goodwill and reputation of another brand. Trademarks protect both the customers and the brand from counterfeit and fake products by allowing them to take legal recourse.

How Tech Innovations Are Shaping Brand Name Registration? Integration of technology has streamlined the trademark search, a crucial step in the registration process that identifies whether the proposed mark can be used by the business without infringing on other existing marks. The use of artificial intelligence and machine learning has allowed the business to register its brand name in a seamless and quicker manner. In addition, chatbots are helping applicants to resolve their queries in just one tap.

How Trademark Registration Increase Brand Recognition?

Brand recognition refers to how well and easily a customer is able to identify a specific brand through its logos, colors, jingles, packaging, taglines, or other trademarked element. A business plan and execute several strategies to strengthen brand recognition, a key aspect in increasing brand loyalty, and sales, command price mechanism, and gain competitive advantage over others. Trademark registration contributes to increasing brand recognition with the help of the following features:

  • Build Brand Identity: A distinct trademark (word, letter, slogan, logo, packaging, or shape of the object) conveys the brand’s essence and helps customers to recognize the brand with ease. This solidifies the market presence of the company and helps it stand out from competitors, creating a distinct brand identity and enhancing brand recognition.
  • Differentiate Goods and Services: Trademarks act as an effective marketing and communication tool. The registration ensures that the brand is distinct, unique, and recognizable in a crowded marketplace. Through meaningful logos or creative jingles, a brand communicates its vision and idea and allows the creation of a deeper connection between the organization and its customers.
  • Foster Trust and Credibility: As the business progresses, the registered trademark becomes a mark of quality assurance and demonstrates that the business is secure and reliable to connect with. Trademark reflects the brand’s reputation across all platforms and turns into a symbol of authenticity, playing a key role in demonstrating the credibility of the business.

How Brand Name Registration Boosts Business Credibility? Brand name registration secures the trademark certification and helps boost the credibility of the business by demonstrating the brand’s authenticity, reliability, quality of its goods or services, and commitment to adhering to best practices. It builds a distinct identity and assures customers of its reliability and consistency.

Conclusion

To apply trademark online in India, applicants have to choose a unique mark and register as a new user on the IP India portal to initiate the registration process. It is imperative to identify which class the chosen trademark falls into out of 45 available classes of goods and services. Moving forward, the applicant is then suggested to conduct a thorough trademark search either by itself or through the trademark attorney they have hired to act on their behalf in the regulatory process. The search will help brands identify that they do not choose a mark that is the same or deceptively similar to an already registered one.

A trademark can be a word, letter, phrase, or graphic. Logo, number, sound mark, some specific color, or a combination of any of these. To pick a trademark, applicants must ensure that it is not generic, offensive, or descriptive. A scandalous or derogatory mark, or trademark that is based on a common person’s name, geographical location, or mark that lacks distinctiveness, will become ineligible to be proposed as a valid mark during application. Connect with the trademark professionals of Legal Raasta to understand the complex nuances of trademark regulations and obtain your trademark registration certification with personalized and quality legal services.

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How Trademark Registration Prevents Brand Infringement? https://www.legalraasta.com/blog/trademark-registration-prevents-brand-infringement/ Fri, 04 Apr 2025 11:22:56 +0000 https://www.legalraasta.com/blog/?p=31675 The Trademark Act 1999 is an important piece of legislation governing trademarks, patents, and designs in India. The act led to the appointment of a Registrar of Trademarks to be known as CGPDTM (Controller General of Patents, Design, and Trademarks). The legislation provides exclusive rights to the trademark owners that deter any individual from using [...]

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The Trademark Act 1999 is an important piece of legislation governing trademarks, patents, and designs in India. The act led to the appointment of a Registrar of Trademarks to be known as CGPDTM (Controller General of Patents, Design, and Trademarks).

The legislation provides exclusive rights to the trademark owners that deter any individual from using their mark without prior consent. Trademarks are the cornerstone on which companies create their brand reputation, goodwill, and image. Thus, any blow to the trademark can potentially impact these aspects of the business, causing their operations to take a setback and surge in overall entrepreneurial costs.

Let’s understand how brand and trademark registration safeguard every enterprise from trademark infringement, types of infringements, and effective methodologies to seek remedial benefits.

What is Trademark Infringement within the TM Framework?

Before we understand trademark infringement, it is essential to understand why trademark registration is important and why one should even register if it’s not mandatory.

A trademark could be anything, from a catchy logo, a specific colour combination, or a musical jingle, to a different packaging style.

Businesses brainstorm these elements and start using the mark in their marketing, advertising, product packaging, and while rending their services. However, they often fail to consider registering it with the concerned officials and list them in the trademarks registry. With time, companies reach an immense height of success, customers start attaching them to brands that value quality and commitment, their market share soars to unprecedented levels, and where the trademark becomes the face of the business. However, one day, a corporation comes out with the same counterfeited product and starts endorsing it through deceptively similar marks.
This will not only deceive and confuse the customers but can also cause a significant blow to the reputation and market share of the original business.

Thus, having a Brand Name Registration or trademark registration allows companies to seek legal actions against these offenders, pursue charges for compensation, help in creating a unique identity, and prevent competitors from capitalizing on their brand name, reputation, and goodwill.

Brands can commercially lease their trademark to other companies and individuals by entering into contracts, with terms agreed upon by both parties and for a nominal fee or royalties. Companies can use franchising, merchandising, or co-branding opportunities that allow third parties to use the trademark. However, if such parties use the trademark without obtaining the permission of the mark’s owner beforehand, it is considered a case of trademark infringement.

Direct and Indirect Infringement under Trademark

Through Brand registration, companies can take a proactive approach to safeguarding their intellectual property, i.e., their trademark. The mark creates a unique identity and allows customers to easily identify and differentiate the company from others. The mark serves as a notice to the public, indicating its
source of origin and quality of products and services.

Trademark infringement is categorized into two types namely direct infringement and indirect infringement. Direct infringement occurs when an unauthorized individual or company uses a strikingly similar or completely identical mark without prior permission of the trademark owner. On the other hand, indirect infringement is detected when a company that is not directly involved in the infringement but has encouraged or assisted another entity in the offense.

Managing and Protecting Trademark Ownership Rights involves various steps including conducting a trademark search and trademark monitoring post-registration. This allows brands to continuously keep track and watch over filed, accepted, and advertised trademark that potentially infringes on their own mark and can cause harm to their business. Undertake these steps to early detect such instances and stop potential infringements by issuing cease and desist orders and using other approaches.

What are Trademark Remedies in Case of Infringement?

In any country that has laid down acts and rules to safeguard trademarks, patents, or copyrights, their infringement becomes a cognizable offense. It means that authorities have the right to arrest the offender, impose fines, and conduct a criminal investigation.

Within brand and trademark registration, trademark remedies refer to legal actions that safeguard companies in case their trademark is used without their permission. It is a judicial relief exercised by the companies and through which these entities can ask offenders to compensate for the harm they inflicted on their business.

Civil Remedies: Civil remedies within the trademark registration involve imposition of injunction orders, seeking compensation for damages, and other steps through an order of court.

  • Injunctions: Injunctions are court orders compelling an offender to stop doing the specific action that causes harm or damage to the aggrieved party. In case of trademark infringement, the court can order the offender to stop using the mark. Injunction can be permanent or temporary.
  • Damages: An aggrieved company can seek compensation for the damages caused by the offender. Compensation can be in the form of reimbursing monetary amounts and additional amounts for intangible damages caused to the business.
  • Account of Profits: Imagine a company that stole the mark of a well-established brand and earned a huge amount of profits by capitalizing on its goodwill and reputation. In this case, the original owner of the trademark can ask the infringer to disclose their earned amount and surrender all of the profits accumulated through unauthorized use of the mark.
  • Passing Off: Passing off is an act of selling goods and services with a trademark that is deceptively similar to another brand’s trademark. This is mainly done to deceive the customers into believing they are buying the original products.
  • Seizure of Infringed Goods: The court can order the authorities to seize and destroy counterfeit goods or products that bear an infringed mark.
  • Cancellation of Trademarks: The court can issue orders to cancel the trademark registration of an individual or company that has infringed on the mark of others.

Criminal Remedies: Criminal actions punish offenders through legal proceedings and deter them from future offenses. Sections 103, 104, and 105 of the Trademarks Act 1999 lay down guidelines on criminal remedies for trademark infringement in India.

  • Imprisonment: Trademark Registration empowers brands to take legal action which may conclude with severe criminal charges and imprisonment. In India, contravening the Trademark Act 1999 regulations can lead to the imposition of imprisonment of a minimum of 6 months, extending up to 3 years.
  • Fines and Penalties: In India, infringing on the trademark of any existing brand can also attract penalties and fines of a minimum of INR 50,000. This can be increased up to INR 2 Lakhs.
  • Criminal Lawsuits: Any aggrieved party under the trademark infringement can approach the magistrate to file a complaint or register a First Information Report (FIR) at the local police department.

Avail our services to seamlessly secure your trademark registration certificate, conduct trademark search, and trademark monitoring, and Ultimate Guide to Online Trademark Registration in India.

Trademark Registration Protecting Companies In India

TM registration protects brands from counterfeit goods and fraudulent practices undertaken by any competitive firm or unknown third party. The mark helps in building credibility and makes the brand stand out in the congested market. It demonstrates the upholding of integrity and professionalism by the brand, acts as a key piece of document in case the company decides to go global, and deters anyone from capitalizing on its growth so far. And bonus points, a brand can also generate a source of additional revenue through their registered trademark by leasing, co-branding, and franchising opportunities.

Final Thoughts

Before initiating the Brand registration or any other form of trademark registration, it is crucial to gain comprehensive insights into its regulatory process. For instance, a trademark search is an essential step that helps the applicant understand whether the proposed mark to the authorities is available for use or not. It will also help in analyzing whether it infringes on a mark already registered with the Trademarks Registry.

A trademark is a valuable business asset that must be proactively safeguarded to maintain the link between business and customers. The longer someone else uses your mark, the vaguer and more ambiguous your mark will become in the eyes of customers. The infringement will harm your market share, your sales and revenue, your customer base, and eventually your position in the market. Reach out to the trademark professionals of Legal Raasta who possess years of experience and profound knowledge concerning trademark registration in all the major countries of the globe.

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Managing And Protecting Trademark Ownership Rights https://www.legalraasta.com/blog/managing-protecting-trademark-ownership-rights/ Wed, 02 Apr 2025 11:15:17 +0000 https://www.legalraasta.com/blog/?p=31651 To register trademark in India, individuals and corporations have to undergo an examination conducted by the Trademark Registry, an office under the Controller General of Patents, Designs, and Trademarks (CGPDTM). The authority assesses the application submitted by these entities and ensures whether they comply with relevant laws, especially the Trademark Act 1999. Following this, applicants [...]

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To register trademark in India, individuals and corporations have to undergo an examination conducted by the Trademark Registry, an office under the Controller General of Patents, Designs, and Trademarks (CGPDTM). The authority assesses the application submitted by these entities and ensures whether they comply with relevant laws, especially the Trademark Act 1999.

Following this, applicants have to wait for the report of the examiner who will either accept the application or raise objections, specifying which elements require alterations, infringe on which mark, and other key information. In case the mark is approved, the registry publishes the mark in a Trademark Journal which is accessible to the public and allows them to raise objections. A mark stays in the journal for four months after which it receives the official trademark registration certificate.

In this blog we discuss about the post-registration requirements of a registered trademark and how businesses can ensure its maintenance.

What is Trademark Registration Under the Trademark Rules?

According to the Trademarks Act 1999, a trademark or certification mark is a visual element, typography, or any other element that has the capability to distinguish the goods and services of one entity from another. A trademark is a graphically represented mark that also includes the packaging of a product, its distinct or unique shape, and the use of a catchy combination of colors in the course of commercial operations.

A trademark is used to link a product or a service with a brand. It is used in relation to goods of a business, printed, labeled, or advertised on their physical commodities. Similarly, a brand can also use a mark in relation to its services, creating a statement of top-notch performance and reliable work within the corporate sector.

In India, trademark registration falls under the purview of the Controller General of Patents, Designs, and Trademarks. The registry maintains a register of trademarks at its head office which includes name, address, description of users, and other details related to the registered trademark.

To apply trademark online, applicants have to adhere to certain regulations to avoid any rejection during the application process. For instance, the proposed mark must not be crafted to create confusion or deceive anyone in the market, must not hurt the religious sentiments of any section of the society, and not have any scandalous or obscene elements. Similarly, a mark cannot be a shape that is an inherent characteristic of that product. For example, a person cannot trademark the shape of a rugby ball to sell its rugby ball itself.

How to Maintain Trademark Ownerships Rights?

Once an applicant obtains a trademark registration certificate, they are required to comply with certain provisions/ parameters that will keep the trademark alive. For instance, registration holder must demonstrate regular usage of their mark in its website, advertising, product packaging or labeling, and other areas where it can be put to use. In addition, businesses are also required to acknowledge the mark through their branding and in their official communications.

  • Use of symbol R: The first and foremost thing a business is supposed to do after successfully securing the mark’s registration is to start using the symbol R. The symbol TM is used when the business plans to seek trademark registration and claim over the mark. The primary purpose of using TM is to provide constructive notice to competitors or potential infringers. However, once the registry approves the mark, the business must use R to avail the benefit of legal recourse which is not available while using TM in its goods and services.
  • Regular Monitoring: Continuous and regular monitoring of registered trademarks is necessary to take immediate action in case any infringement is detected. Trademark monitoring is a process where either the trademark holder or his/her trademark representative will keep a watch on any application that infringes on their mark or mark being used by a business that is deceptively similar or the same. Regular monitoring is an ongoing process that trademark owners must undertake to alert authorities as quickly as possible and deter anyone from using the same trademark.
  • Timely Renewal: To continue enjoying the benefits and rights associated with your trademark, it is essential to file a timely renewal application with the concerned authorities. Generally, in most countries across the world, a trademark validity extends up to 10 years. After the conclusion of this period, the trademark owner has to file a renewal form for further extension of 10-year validity. In India, trademark holders are required to submit their renewal application at least 1 year before its trademark date of expiry. However, in case the owner fails to apply for renewal, the authority grants a six-month grace period and requires owners to pay the late fee.

Trademarking a Logo in Fashion Industry is as important as in any other sector, industry, or business. A simple yet catchy logo of a fashion or apparel business indicates its uniqueness, professionalism, and credibility within the industry. Logo registration will help such businesses communicate with their customers, foster brand loyalty, and stop any third party or competitor from infringing on the same.

What are the Advantages of Trademark Registration?

In this fast-paced and competitive business world, trademark registration plays an essential role in creating a distinct identity and ensuring the long-term success of the organization. By registering the trademark which can be anything from a melodic jingle to an eye-catching logo, businesses can avail of the following benefits:

1. Brand Differentiation

In the crowded marketplace, it is not easy to find out, identify, and recognize ventures easily. However, a bit of branding and a distinct trademark is what a business needs to seamlessly grab the attention of customers and attach it to their company’s goodwill, quality mark, and legitimacy.

2. Attract Customers

Brand registration demonstrates the seriousness of the business and its attempt to legally establish its unique mark and attract customers. Consistent use of the registered trademark in marketing and advertising campaigns builds familiarity among the customers.

A business with a registered trademark relays the message that it is reliable and maintains a certain level of quality in its goods and services. This enhances the credibility of the business and attracts potential customers.

3. Legal Protection

For any newly established business, it is not easy to penetrate the markets and capture customers. It takes years of blood and sweat, delivery of high-quality goods and services, and entrepreneurial skills to make a brand visible and reliable in the commercial world. However, all of this can be shattered into pieces in case a rival firm decides to use and sell the same name, same approach, or similar product in the market. This will not only hamper the reputation of the original brand, but also give a substantial blow to their market share, sales, and growth.

By registering the trademark around which the brand has strengthened its foothold in the market, companies can tackle the infringers anytime by taking legal actions and making them compensate for the damages caused.

4. International Expansion

Imagine a brand that endorsed itself as the best chocolate manufacturer in the market through its distinct packaging style. The style was so unique that it not only captured the attention of domestic consumers but also caught the eyes of individuals residing beyond the borders. It is this catchy trademark (unique packaging style that is also known as trade dress) that created a lasting visual representation and allowed the business to expand its operations in foreign markets.

How Trademark Registration Prevents Brand Infringement? Trademark registration offers exclusive rights to trademark owners in case any entity infringes on their mark. These rights allow businesses to take legal actions and seek remedies through injunctions, damages, or cease and desist orders. This deters any individual or corporation to release counterfeit products and infringe on the business’s mark in any other manner.

Final Thoughts

Trademark registration entails brand name registration, log registration, and registration of logo, symbol, packaging style, sound, smell, or any other element that allows businesses to create a distinct image and is specified under the Trademark Act 1999. A registered trademark generally remains valid for a period of 10 years. Although the registration is completely voluntary in nature and does not legally abide any individual or business to obtain the same, it acts as prima facie evidence and offers numerous benefits to its holders.

To initiate the registration process, an applicant has to first fill out an application form. Upon submission of the application form along with required documents and prescribed fees, applicants have to wait for a certain period until the trademark registry office examines all the particulars and verifies whether the mark complies with regulations and is valid under the law. Consult with Legal Raasta’s trademark professionals and register your trademark in an easy and hassle-free manner.

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