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A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid.
Unlike patents, which are granted for a period of 20 years, trademarks never end. Companies do need to apply for them and receive ownership confirmation with the U.S. Patent and Trademark Office in order to claim protection from copycats, however.
Over time, trademarks become synonymous with a company name, so that you don’t even need to see the name to recognize a particular business. Think of the apple shape with the bite taken out that Apple uses as its logo, the swoosh logo that Nike features on all of its products, or the golden arches McDonald’s registered decades ago.
The fact that we so easily associate symbols and words with companies and their brands is one of the biggest advantages of their use. When a customer sees a familiar logo or phrase, they have instant recognition, which can drive preference and, ultimately, sales.
A Trademark is an important Intellectual property right. It identifies or distinguishes you from the others. Trademark can be a name, logo, shape, trade dress, sound and smell, basically anything which identifies the source of origin for goods or services.
Trademark may be defined as any mark which is used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between goods and some person having the right as proprietor to use that mark.
In layman’s term Trademark is also known as Brand name registration. Trademark registration in India has now become very important as many online buyers and sellers websites such as Amazon, flipkart , snapdeal has made it mandatory to register of any account shall have a trademark application filed in India. Apart from this Trademark has now made mandatory for filing of liquor license and as well as medicines print labels.
The function of a registered trade mark is to give an indication to the purchaser or a possible purchaser:
a) As to the manufacture or quality of the goods.
b) Trade source from which the goods come.
c) The trade hands through which they pass on their way to the market.
It is an important to collect the below listed information which would be required for filing the Trademark Application form for trademark registration.
1. Name of the Applicant – Applicant is basically any person or legal entity that claims the ownership of the Trademark applied, A trademark can be applied by anyone be it individual/company/proprietor/NGO/Trust/Hindu-undivided family/proprietorship firm/trust/partnership or Limited liability partnership. In case of joint applicants/partnership details of all the applicants/ partners.
2. Address of Applicant(s) filing the application.
3. Nature of the entity filing the application (individual/proprietor/partnership firm/ company/ HUF/ LLC).
4. Nature of products/services for which the logo/ mark is used- try to be as specific as possible. Products and services specified decides the category of the Trademark application.
5. Nature of your business (Manufacturer/ Trader/ Service provider).
6. If the mark is already in use then the approximate date since when the mark has been in used in India.
7. If the trademark has already been used , this use must be supported by supporting documents that can be invoices having the trademark name, website details, marketing listings, pamphlets, new paper advertisements etc. basically any document that has the brand name or trademark details along with date is applicable and admissible proof.
8. A copy of the mark/logo (preferably soft copy) for which trademark is sought.
9. A signed Power of Attorney or Letter of authorization (Form TM-M-Previously known as TM-48) on Stamp Paper in favour of the Trademark Agent/ Advocate.
- It distinguishes you with others.
- Trademark develops as your brand .
- It markets your goods/services.
- It makes easy for your customers to identify you.
- A registered trademark gives you a legal right where you can protect your goodwill from free-riding. A registered Trademark is also protected by various online portals such as Amazon and Flipkart they have a special system to identify the trademark known as brand registry through which you may register your trademark on their portal and stop your knock off competitors. This boosts your sale online and also creates a good consumer base.
- A trademark is not just a mark it is a valuable asset. Brand value is most important asset for any company, it adds up company’s valuation and sales.
Step 1: Filing of an Application
Step 2: Examination of the Application
Step 3: Publication of the Application
Step 3.1: Opposition by Third Party (if that happens). Trademark opposition is not Trademark objection and has completely different process. You may refer details about Trademark opposition here
Step 4: Trademark Hearing before Registrar
Step 5: Registration of Trademark
Trademark registration process has been changed a lot after the introduction of new trademark rules 2017 by the government of India. Quick summary of these changes the new rules have distinguished the applicant into three main categories:
1) Individual/sole proprietorship
2) SME/Startup
3) Body corporate
Not only we have three applicant types but fees and requirements for each of the categories has also been changed, now the Government fees for Trademark application i.e TM-A is Rs 4500 in case of Individual/sole proprietorship and SME/Startup and Rs 9000 for Body corporates- be it LLP, Partnership firm , Private limited Company or One person Company or NGO/Trust etc.
In case you are a new company and want to file Trademark application on your company’s name, you may now have to shell out Rs 9000 from your pocket apart from the professional fees.
In order to save this money, you may try to get your company register under start-up scheme or MSME Registration. Learn how you can save this money with expert post on Udyog Aadhar the Udyog Adhaar is also known as MSME certificate and UDYAM Adhaar. Please note there is no Government fees for registration of MSME certificate or udyog adhaar.
Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work
Copyright is one of the major intellectual property rights. A simple terms, copyright is a bunch of rights entrusted for creative works such as text, artistic works, music, computer programs, sound recordings and films also termed as “work”. Copyright registration does not protect ideas, concepts, styles or techniques. For example, copyright will not protect an idea for a story or play, but it will protect a script for the same. A registered Copyright prevails throughout India.
a) Literary, dramatic or musical work.
b) Computer programs.
c) Cinematograph film.
d) Sound recording
a) Two copies of the work to be protected under copyright registration.
b) Name, address and nationality of the applicant.
c) Nature of the applicant’s interest in the work.
d) Title of the work.
e) Name, address and nationality of the creator or author of the work and if the author is deceased, the date of his death.
f) Year and name of the country of first publication of the work and name, address and nationality of the publisher.
g) Year and countries of subsequent publications, if any, and names, address and nationalities of the publishers.
h) Names, addresses and nationalities of the owners of the having rights in the copyright work and the extent of rights held by each owner, together with particulars of assignments and licenses, if any.
i) Names, addresses and nationalities of other person, if any, authorized to assign or license the rights comprising the copyright.
j) No -objection certificate from the Trademark Registry.
k) The applications should be signed by the applicant or the advocate in whose favour a Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
a) Copyright protection ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.
b) An owner of the copyright work also has an advantage to either sell or agree for transferring his copyright to someone else whether for free or on the basis of some royalty.
c) Copyright therefore encourages enterprise and creator of works to helping them to materialize their creative work.
d) Copyright protection provides benefits in the form of economic rights which entitle the creators to legally get an appropriate financial reward from activities such as making copies, performing in public, broadcasting, use on-line, etc.
Copyright exists even without formal registration. However, to secure and reap actual benefits of copyright subject matter, it is advisable to get the work protected under copyright registration. Certificate of copyright registration and entries made in the register of copyrights serve as prima-facie evidence in the court of law that the work is copyright protected.