How many cups of low and scribbles on a paper did it regard you to zero-in on your whole name? A dozen, right? Would you let some Tom, Dick or Harry leave thereupon name and identity? Hell no! therefore to your rescue is trademark registration!
As associate degree e-commerce platform serving to little furthermore as massive brands begin their own on-line stores, ofttimes encounter entrepreneurs asking U.S. regarding a way to register their brands as logos. that is why, today, at intervals the course of this web log post, we’ll take you thru on a way to defend your brand’s name, by manner of registering your whole as a trade-mark.
Before we tend to begin, what specifically will trade-marking a name mean?
Trademark registration of a name means that nothing however name registration. It primarily means that, “this name is ours! And if you dare to use it to sell your merchandise, we will sue you!”
In India, you’ll trademark any of the subsequent or maybe a mixture of those things:
Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a mixture of colours.
So, what’s the procedure of registering a trademark?
Step 1: rummage around for a “crazy-enough” name
You get the purpose, don’t you? return up with a whacky and kinky name, as a result of all the generic ones square measure any that manner taken. Before zeroing in on one name, you may need to try and do a fast search to form certain that nobody else is already victimisation the name. And your best bet would be to use unreal or coined words, in an exceedingly combination with generic words.
Step 2: creating the trademark application
Now that your name is finalized upon, fill within the trademark application i.e. Form- TM 1. the appliance prices government agency 3500 and may be a just one occasion fee.
Along with the appliance, you’ll have to be compelled to submit one or two of supporting documents:
1. A Business registration concern: betting on what style of a registered business you have got, say sole proprietary, etc. you’ll have to be compelled to submit associate degree identity proof of the administrators of the corporate associate degreed an address proof.
2. a picture of your whole emblem in an exceedingly commonplace size of nine x five cms
3. If applicable, proof of claim of the projected mark being employed before in another country.
Step 3: Filling the name registration application
There square measure two ways that to file the registration – manual filing or e-filling.
In case of manual filing, you’ll have to be compelled to in person walk down and submit the appliance for registration to anybody of the offices of the Registrar of Trade Marks situated in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. once that you receive the acknowledgement of the appliance and therefore the receipt, sometimes at intervals 15-20 days of the filing.
But in e-filing system, the acknowledgement of the appliance is issued straight off.
And once you receive the acknowledgement, you’ll begin victimisation the (TM) image next to the whole name!
Step 4: Examining the name registration application
After receiving the appliance, the Registrar checks whether or not the name complies with the law and doesn’t conflict or dispute with different existing registered or unfinished brands. That’s why we tend to aforesaid, kinky name, people!
Step 5: Publication within the Indian Trade Mark Journals
After examination, the brand or name is revealed within the Indian Trade Mark Journal. If nobody raises associate degree opposition at intervals three months i.e. ninety days or in some cases one hundred twenty days, from the date of publication, the name issue to acceptance.
Step 6: issue of the trademark registration certificate
If nobody raises any opposition, at intervals the stipulated ninety days amount, the Registrar accepts the trademark application! Woohoo! And problems a Certificate of Registration underneath the seal of Trademark written record.
You may currently be allowed to use the registered trademark image (®) next to your name, once the certificate has been issued.
The Trademark whole method of registration of a name sometimes takes something between 15-18 months. The trademark once accepted, is valid for a amount of ten years from the date of issue of the Certificate of Registration. once the top of ten years, the trademark can have to be compelled to be revived.
CONCLUSION
There there! we will perceive if this sounds a touch too over-whelming. during which case, simply decision up a attorney.  The attorney are ready to assist you plow through all this legal jargon.
Although the method of registering a trademark is long and a touch significant on the pocket, it’s positively well worth the investment of wrongfully protective your whole.
However, if you’re simply beginning out, investment in an exceedingly trademark might not be fully essential. What matters most is making amazing merchandise and setting up all the time and energy into building your whole, from ground up. But, there still is associate degreeother cheaper various to lend you lawful protection against being derived – an unregistered trademark. Do raise your attorney regarding it!