Tuesday, April 12, 2022

Everything You Need To Know About The Trademark Registration Process In India

Everything You Need To Know About The Trademark Registration Process In India


Whenever we buy a company's product, before buying that product, we check its trademark for the identity of that product because many companies give us the product. Today we will tell you about this trademark and what a trademark is. Along with this, how does trademark registration occur, and what documents are required for trademark registration.

**What is a trademark?**

A trademark is the "brand" or "logo" that you use to distinguish your product from your competitors. Any word, name, symbol, or device can be a trademark; the trademark is used to identify a business and distinguish between the goods of goods manufactured by a manufacturer or seller or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

**What do you need a trademark?**

After the information given above, the question will be raised in your mind what does a company need a trademark after all? So let me tell you that a trademark is also an intellectual property right. The trademark on an item shows that it is being made on behalf of a particular company. A trademark is used by an individual, business organization, or legal entity for its product or service. Usually, a name, sentence, logo, particular sign, design, or picture is trademarked. All the products of a particular company have its trademark on them.

**What is a patent?**

While climbing the stairs of the entrepreneur, never forget that the ideas that have come to your mind can also come to someone else's mind. But the idea is considered to be the one that gets it officially registered. This process of entering the idea itself is given the name of the patent. The patent of an idea will bring its earnings to your pocket. If a person or entity copies you’re patent by patent, it will be considered legally invalid; the person or entity who copied your patent can be processed. The patent holder can also sell his patent to another person or entity. The maximum limit for patenting a product or item is 20 years.

**Differences in copyright, trademark, and patent**

Copyright is simply a form of intellectual property; it is different from trademarks, which protect from other people's use of brand names, mottos, logos, and other source identifiers. Copyright is also different from patent law, and patents protect your inventions.

**How to apply for trademark registration?**

You must have known that now tells you how to register a trademark. Let us tell you that the trademark registration can be done online by visiting the website of the Control General of Patent Design and Trademark website. The entire registration process of trademarks in India takes one and a half to two years.

You can register for trademarks both online and offline. For registration, first of all, do trademark search, or you can also apply through the official website of the Government of India, Ipi.

Fill out the application form and submit it to the Office of the Registrar of Trademarks. After getting approval later, you can use the symbol for ® your company or product. If the Trademark Examiner finds fault with your application, he will raise your Trademark Objection.

**Documents required for trademark registration**

Different documents are required for the trademark registration (Trademark Registration) according to the ownership of different companies.

For personal trademarks -If you are entering your trademark registration as an individual, the following documents are required:

• Trademark questionnaire or PAN, and Aadhaar, DL, Passport

• Power of Attorney (POA)

For the private limited company-

• Trademark Questionnaire

• Divisional resolution

• Power of Attorney (POA)

For Limited Liability Partnerships-

• Trademark Questionnaire

• Divisional resolution

• Power of Attorney (POA)

• For ownership

• Trademark Questionnaire

• Power of Attorney (POA)

For the Partnership Firm-

• Trademark Questionnaire

• Power of Attorney (POA)

For the society-

• Trademark Questionnaire

• Power of Attorney (POA)

For the trust-

• Trademark Questionnaire

• Power of Attorney (POA)

For the Hindu Undivided Family (HUF) –

• Trademark Questionnaire

• Power of Attorney (POA)

**Benefits of Trademark Registration**

**The benefits of trademark registration are as follows:**

After registration, you become the legal owner of that trademark. Because of this, no other person or company can use your trademark without your permission. If a trademark is not registered, it cannot be filed against any other company.

• Through the trademark, the company is able to create a good identity among its customers, so that the customer does not have much problem in searching for the product.

• The biggest advantage of the trademark is that the brand and name of the company are protected in it, if the trademark has been registered by a company, then you can take action against it if it is used by any other traders.

• Through the trademark, the company is able to create a good identity among its customers, so that the customer does not have much problem in searching for the product.

**What is a trademark called?**

Trade means trade and mark mean specific mark. Combining the two with this process creates a specific mark of trade. In official language, a trademark is the "unique identity" or "logo" that businessmen use to distinguish their product from their competitors. The trademark itself is called the brand name.

**What do you understand by brand and trademark?**

A trademark is a unique identification mark that traders use in business to make their product look different from other products or companies. The actual product or company is identified from the trademark itself. The registration of trademarks (Trademark Registration) is done at the District Trade Office. For which the legal process has to be followed. The brand is a sequel to the trademark. When the identity of a product or company becomes unique, that unique identity becomes the brand of that product or company. The brand creates an impact on the product which increases its value in the market.

**How to register your brand?**

The Copy Rights Act has been enacted with the objective of obtaining copyright on infusible property. The Trade Marks Act, 1999 is applicable for all rights and distinctions relating to trade. Under this, the brand is registered. To register the brand, you must first log in to the website of the Department for Promotion of Industry and Internal Trade. After this, you can register your company's trademark and brand name. The process of registering the brand is online. To register the brand, https://ipindia.gov.in/index.htm (https://ipindia.gov.in/index.htm) must log in to this website.

**What is the trademark?**

Trademark is a unique identity. This identity is in relation to a product or service. "Well known trademark" means a mark that has become well known to a substantial section of the public in respect of such goods or services as to which they use such goods or receive such service as to give copyright to the use of such mark in respect of other goods or services.

What is the purpose of the brand?

The purpose of the brand is to uniquely provide uniqueness to its product or service. This helps to distinguish the product or service from those competitors. According to an internationally agreed legal definition, a brand is a sign or indication to certify the origin of a product or service and distinguish it from the competition.

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