Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration or you can say logo registration/brand registration; you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered brand name. By trademarking your logo or brand, you are providing it protection as it is illegal to use the same logo or tagline.

A registered trademark is an intangible asset for a business and is used to protect the company‟s investment in the brand or symbol. After Trademarking your logo or brand, a registered TM number which works as trademark license is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Before trademarking, make sure to check trademarks availability and it should be your first priority if you want to start a company. Trademark public search is an important step before trademark registration. You need to do a close search for trademark name as it will help you to avoid future problems.

What is the function of Registered Trademark?

The function of a registered trade mark is to give an indication to the purchaser or a possible purchaser:

• As to the manufacture or quality of the goods.
• Trade source from which the goods come.
• The trade hands through which they pass on their way to the market.

REQUIREMENTS OF TRADEMARK REGISTRATION:

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 – individual/company/proprietorship firm/trust/partnership filing the application. 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.
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. Date of the first commercial use of the mark anywhere in the world.
8. A copy of the mark/logo (preferably soft copy) for which trademark is sought.
9. A signed Power of Attorney (Form TM-48) on Stamp Paper in favour of the Trademark Agent/ Advocate.

– To check your trademark category please check our Trademark Class Details. (With Easy Legal, we will search & suggest appropriate class for your product/service.)

BENEFITS OF TRADEMARK REGISTRATION:

• 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 trademark is not just a mark it is a valuable asset.

PROCESS OF TRADEMARK REGISTRATION IN INDIA

• 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)
• Step 4: Hearing before Registrar
• Step 5: Registration of Trademark

NEW REQUIREMENTS FOR TRADEMARK REGISTRATION:

1. Applicant Type: Individual/Start-up/SME/Company
2. Color copy of the proposed trade mark logo/ word mark (in soft form);
3. Note on the business activity of the company and relation with the trade mark.
4. Affidavit on usage of Trade mark logo.
5. Goods and Service Description
6. Power of Attorney
7. Copy of PAN Card of the company;
8. Board resolution to authorize the director of the company.