Trademark Registration

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In today’s competitive Marketplace, protecting brand is more important than everything.  Trademark registrations hold a legal sheet for your brand name that helps identify your brand among the users. It will help to safeguard against unauthorised use.  Here you will get to know about the importance of Trademark registration help you to understand why it is important and why you should consider it.  Let’s explore the vital in depth. 

What Is Trademark Registration?

It is one of the vital steps to obtain trademark registration for the business under the Trademarks Act. The Trade Marks Act, 1999 is the primary statute governing Indian trademarks law. This act enumerates numerous offences in relation to trademarks. The fundamental purpose of this statute is to prohibit people from falsely applying for the trademark.

However, foremost step towards the registration of your trademark is to run a quick trademark search. Our team of advocates would help you run a trademark search to make sure that there is no similar pre-existing trademark and your trademark is unique. After the search is complete you can proceed to the second step.

In India, trademark registration is a procedure that should be carried out under the supervision of a professional. The legal protection provided by trademark registration is against the misuse or copying of the company’s name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide ownership of the mark, which can be legally enforced in any court.

Trademark registration is a legal process that helps secure a unique symbol name, name, or phrase attached to your products or services.  Through this official recognition, you obtain exclusive on your product by buying Trademark certification.  This will help to identify this will help to build a repeatable brand identity. 

Why Is Trademark Registration Important?

The right to openly promote a trademark as a registered trademark alerts others and eliminates the defense of innocent infringement. Once a trademark is registered, it will appear in search reports, discouraging other applicants from pursuing the registration of the same or similar mark.

The owner of a trademark can recover up to threefold damages from the infringer if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are vulnerable to legal action.

Trademark registration is important for all those who want to secure their identity in this world.  this will help you this will help you to increase your reputation and identify your product by the user.  the importance of a Trademark is as follows:

  • Legal Protection:  a registered Trademark for a product provides legal again infringement full stop use of your Trademark without your permission then you can a legal action against that individual or a business.
  • Brand Recognitions:  It enhances your brand reputation and credibility towards users.  it helps the consumer of your product and increases the demand for your item.
  • Asset Value: Trademark registration help you to increase the business value and can be sold or licence adding to your overall business assets.
  • Worldwide coverage :  In  in most of the countries the registration authorities allows you to use your Trademark across the entire country.

Who Needs To Register For A Trademark?

Anyone who willing to own a business or plan to launch a new product can apply for Trademark registration.  it is essential to apply for registration of a trademark to create your own identity.  this includes:

  • Small business owners
  •  Startups
  •  Entrepreneurs  developing their unique products or services
  •  Franchises

 if even if you are operating your business locally in any City just like New York, Securing your Trademark can prevent future distribution among others.

How To Apply For A Trademark Registration?

While understanding the process of how to register a Trademark can be daunting. But with the help of ELT Corporate Consultancy Consultancy, you can simply break the process of registration:

  1. Conductor Trademark search – The team of ELT corporate will help you Check your existing Trademark to ensure it is not already in use before applying.
  2. Prepare your application – We will help you together all the necessary information required to apply for Trademark registration such as your name and address a clear description of your goods and services, and are representation of your trademark.
  3. Fill out your application – Through the online portals, you can apply for Trademark registration.  There are two types of filing options for trade first one is TEAS  Plus and the second one is TEAS  standard.  to understand the difference between both applications you must consult with the expert team of Trademark registration Consultants.
  4. Monitor your application – After filling out the application you must check the status of your application whether it is approved by the government portal or requires any information or clarification. If you want to avoid all these things then you must consult with the expert team they will perform all the activities on your behave and make your Trademark registration more effective and seamless.
  5. Respond to office actions – If there are any issues you will receive an office action.  if you want to avoid delays then you must respond to the department promptly.
  6. Trademark registration certificate – Once your application is approved then you will receive your Trademark registration certificate solidifying your right to trademark

When Should You Register For Our Trademark?

It will be a good decision if you register your Trademark as early as possible, ideally before launching your product or services. A proactive approach will help you to minimise the risk of potential conflict and establish your claim To The trademark.

How long does the Trademark registration process take?

The entire process of trademark registration takes several months or over a year. the whole registration process depends on various factors including the complexity of your application. So if you don’t want to delay your application so your registration is done on time then you must concert with the expert team of Trademark registration consultants.

Can I Register A Trademark Without A Lawyer?

While it is possible to register for a Trademark registration hiring a Trademark attorney can help you to negatively navigate the complexity of the process and this will ensure you a smoother application for your registration. This will avoid delays in your application and fix all the errors that may occur in future during your application registration.

For How Long Does Trademark Protect Last?

The trademark registrations last for 10 years but you can renew it after 10 years as long as The trademark remains in use.

What Happens If My Trademark Is Infringed?

 if someone increases your trade Trademark you have a right to take legal actions this includes seeking damages or injective release.

List of Common Misconceptions About Trademark Registration

Many people don’t have enough knowledge of Trademark registration and they create misconceptions about it. So for clarification here we conduct a list of all the misconceptions that are totally related to Trademark registration. List as follows:

  • Many people believe that Trademark registration is only for big businesses. however small businesses and staff easily take benefit of Trademark registration as it is established their brand identity.
  • Trademark registration is automatically protected is a misconception full stop you must register with the fulfilled document to receive this full legal protection of trademark.

What Is The Role Of A Trademark Certificate?

Once you complete your Trademark registration application process successfully you will receive your Trademark this document is your proof of ownership and  and essential for the following reasons:

  • Enforcing your Trademark right
  • Licensing your trademark
  • Build your Trademark legitimacy to consumers and partners.

How Can You Enhance Your Trademark Protection?

To enhance your Trademark protection you must consider all the mentioned points:

  • Make sure you are actively using your Trademark in commerce to maintain your right
  •  regularly check for unauthorised use of your Trademark in the market
  •  if you are planning to do your business internationally then must ensure that your Trademark is disturbed in other countries also.

What Could Be Registered As A Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers:

Name (Product Name, Business Name, Person’s Name/Surname, Abbreviations)
Brand Logo/Symbol
Tagline, it could be a colour Mark, sound mark or a scent mark.