A trademark is a unique sign that is used to recognize goods and services from a specific individual / company. A Trademark can be in the form of pictures, designs, words or even expressions. A trademark is considered an essential object as it helps differentiate your products from other competitors and gives an identity to your products and services.
Unlike physical property, such as real estate, jewellery or cars, Intellectual properties, i.e., creation of mind, are intangible. Trademarks is one of the examples of intellectual property, and certain measures are required to protect their infringement. Trademarks registration, protection, and its enforcement in India is regulated by the Trademark Act, 1999 and The Trademark Rules, 2003 and 2017.
In this day and age, having your trademark registered is of vital importance which provides certain essential protections from misuse of your brand. An application for Trademark Registration can be filed online by a Trademark Attorney.
What can and cannot be registered as Trademark?
The Trademark laws provides absolute and relative grounds for refusal of a Trademark Application. For a trademark to be registrable, it must be distinctive in nature, i.e., it must be capable of distinguishing goods and services of one from another. Descriptive words are not registrable unless they have acquired secondary meaning. Marks which are similar to existing marks, or has potential to mislead the public, are not registrable. Marks likely to hurt religious sentiments or considered immoral by a section of the Citizens are also not registrable. If the mark contains scandalous and obscene matters, it can not be registered. Marks containing exclusively of kind, quality, geographical origin of the goods and services cannot be registered as well.
Why you Should Register Your Trademark in India?
Registering your trademark in India is crucial for several reasons.
- It protects your brand name legally, ensuring that others cannot use or imitate it without your consent. It helps in building brand recognition and trust among customers.
- No one can institute any proceeding to prevent, or to recover damages for the infringement of an un-registered trademark.
- Registration of Trademark provides you an exclusive right to use the any trademark infringements. trademark for your benefit and also acts as a restraint against potential infringements, and makes it easier for you to take legal action against any trademark infringements.
- It improves your ability to market your products and services and grow your business by establishing a distinct identity in the market. Trademark registration in India also helps enforce your rights more easily, making it more beneficial to combat trademark infringements.
- Having a registered trademark can be a valuable asset and may increase the overall value of your business.
In the competitive business landscape, where brand reputation is of enormous significance, registering your trademark in India helps you safeguard the long-term success of your business.
Who can apply for Trademark Registration in India?
The list of individuals and entities who can apply for trademark registration certificate is as follows:
- Owner or Joint owners of a business
- LLPS (Limited Liability Partnerships)
- Proprietorship firms
- Foreign Businesses
- Societies
- Trusts
- Partnership Firms
- Indian Companies
- Startups and Small Enterprises
Trademark registration gives brands a sense of security, which helps them execute their business more confidently.