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Trademark registration is the process of legally protecting a brand's name, logo, symbol, or slogan that distinguishes goods or services from those of others. This registration grants exclusive rights to the owner, preventing others from using similar marks that could cause confusion. The registration process involves filing an application with the relevant trademark office, which then examines and approves the mark based on its uniqueness and compliance with legal standards.
5 May 2024
Afinthrive Advisory
A Trademark registration protects your brand and provides you with the tools to prevent someone using similar signs and riding on the back of your business. Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. Trademark registration in India is advisable to protect your brand
Essentially it is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
Reasons why businesses like yours need online brand Registration / Protection-
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6 benefits of registering Trademark online
Securing a trademark protects your brand and provides legal tools to prevent others from using similar signs. Registering a trademark helps establish and safeguard your brand.
Legal Protection
Registering your trademark ensures your brand has a unique identity, distinguishing your products and services from others. Clients will recognize your offerings through this distinctive brand.
Unique Identity
A registered trademark becomes an intellectual asset. It can be capitalized on, such as through franchising or licensing, potentially generating significant revenue from fees or royalties.
Creation of Asset
Trademarks enhance trust and goodwill. They serve as effective communication tools and leverage internet and social media power to build a positive reputation with customers.
Trust & Goodwill
A unique logo and branding help differentiate your business from competitors. Trademarking your logo adds value and strengthens brand recognition.
Logo Design & Brand
Non-residents and foreigners can easily register a trademark in India without needing a local business presence. Additionally, an Indian trademark can be registered globally.
Global Trademark
Here is the check list of documents required.
Get Answers to your most asked questions.
Registrations of Company Names, Business Names, or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.
Trademark attorneys and examiners arrange trademark applications according to the description and classes of goods or services to which the trademarks apply. Trademark in India is classified in about 45 different Classes.
As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.
You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Till then, you can represent your trademark with the letters TM to indicate that you claim rights over your trademark. Falsely claiming registration is an offense with a penalty.
Following marks can be registered under Indian Trademark Law: Names, Invented words, Numerals, Letters, Devices, Combination of Colors, Shape of goods, Slogans, Signatures, Sound marks.
Yes, sound and smell can be registered as a trademark in India under the Indian Trademark Law.
A service mark is the same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.
A unique name or logo has the highest chance of getting registration. However, it solely depends on the ministry to grant registration.
Both are possible and permissible. It depends on how old your company is and many other factors. Usually, startups get trademark registered in the promoter's (owner's) name, while larger businesses typically register trademarks in the company's name.
No, registration of a trademark is not compulsory. However, registration serves as prima facie evidence of proprietorship of the trademark. Unregistered trademarks cannot be protected under infringement suits, but action can be taken against passing off goods or services as those of another person.
