A trademark is a visual representation of a word, name, number, label, color combination, etc. that is used by a company to set itself apart from similar goods and services produced by other companies. The Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India, is responsible for listing trademarks in the country. Under the Trademark Act of 1999, trademarks are registered and confer upon their owner the right to pursue damages for trademark infringements. A company’s intellectual property, or registered trademarks, serve to protect the investment the company has made in its name or emblem. If your trademark is exclusive to your goods and services, you must register it.
Trademarks don’t have a set expiration date like patents do. In contrast to patents, which expire after 20 years, trademark registrations expire after 10 years; however, unlike patents, trademarks can be renewed for an additional 10 years. This procedure can be carried out indefinitely, so long as you keep renewing the trademark, it will remain protected by the Act and never expire.
You are safeguarding your company’s name, reputation, and ideas—all of which you have probably put a lot of blood, sweat, and tears into developing—by filing for a trademark. Not protecting your brand and possibly facing an infringement lawsuit from a larger company would be the worst case scenario, even though the trademark registration process itself will take some time.
With the trademark registration portal (IP India Portal), brand trademark registration in India is now easy and possible. You can trademark any of the following items, or even a mix of them:
– Sound Mark
– Smell or a mix of colors
Obtaining a duly signed authorization letter from you is crucial prior to document preparation, as it permits us to submit your trademark registration application on your behalf. We start gathering the necessary paperwork to submit an online application as soon as we receive the authorization letter. The application will be approved soon, and you will then be able to use the ™ symbol. The following documents must be submitted with your trademark registration application:
You have the only authority to use the trademarked word thanks to the trademark registration. This trademark can be used to promote, sell, and establish your brand. The phrase “trademarked by you” may not be used by anyone else.
For instance, only Tata Sons, the owners of the trademark, may use the word TATA.
You have the only authority to use the trademarked word thanks to the trademark registration.
It defends your ownership rights to your brand name. If you have registered your brand as a trademark, you may bring a legal action against anyone using an identical trademark.
Under both the Trade Marks Act and the Copyrights Act, a logo may be protected. Through trademark registration, you can get protection for your brand name and a certain level of protection for how the trademark is represented. However, a copyright registration is highly advised if you require exclusivity for the use of your trademark or logo. But brand name protection is not provided by copyright registration.