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written by | October 11, 2021

How Does Trademark Registration Help Small Businesses?

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A trademark plays a huge role in promoting your products. It offers information about the product's quality. If you get your trademark registered, it will enable your enterprise to acquire special and individual rights to distribute, use or assign a mark on your products. India is a highly competitive market for company owners, and you can find vast numbers of new products and brands that keep emerging every day. 

So, in this huge corporate jungle, you need to prevent anybody else from reaping the benefit of your brand or name. To do this, you need to legally protect your business, and that's what trademark registration is all about. 

This article will discuss the trademark registration process, its necessity/importance and allow you to understand the benefits.

Did you know?

1.4 lacs industrial trademarks were registered in India in the financial year 2020. In 2019, the number was 3,16,798. In comparison, in the same year in the US, 10,70,235 trademark patent applications were filed. 

Step-By-Step Process to Apply for a Trademark Registration

The process of getting trademark registration involves:

  • Filing  a trademark registration request
  • Examining the trademark publication website or giving out an advertisement for the trademark that you are planning to acquire
  • Opposition (objections) raised or identified if any
  • The actual registration of the trademark

The process of registering trademarks is easy, but we suggest engaging the assistance of an experienced trademark lawyer during the registration process to make it easier.

Also Read: Successful Small Business Ideas for Indian Entrepreneurs

How Do I Search for Trademarks?

The applicant should take care of several aspects when selecting a trademark. There are numerous types of trademarks available. So, it's crucial to conduct a public search of the trademark database available through the trademarks registry, to ensure that the trademark is distinctive and that there isn't another similar one that is already existing.

The trademark search reveals all kinds of trademarks available on the marketplace, whether registered or not. If something is too close to yours, better plan to change it for uniqueness. 

You Must Complete the Trademark Application

The trademark registration application could be filed in one class or in a multi-class format depending on the services/products that the company is involved with. The application for registering a trademark is from TMA, which you can submit online via IP India's website or physically at the Trade Marks Office. It completely relies on the trademark's jurisdictional status of the applicant.

The trademark registration application needs to be accompanied by multiple documents containing all the trademark details for which registration is requested. In addition, if the applicant is asserting an earlier use of trademarks, then they must file an affidavit that substantiates the usage and the proof of the previous usage.

Examining the Trademark Application by the Governing Authority

Following the submission for the trademark registration, an examination report must be released by an Examiner after a thorough examination of the trademark application in accordance with the rules in the 2016 trademarks act. The report of the examination authority could provide a list of objections that can be absolute or relative. The Trademark Authority will issue a report of the examination within thirty days from applying for the trademark registration.

A reply to the examination report must be filed within the timeframe of 30 days from the date of receipt of the report, stating the reasons and supporting any objections to them. No matter which business you’ll be choosing to open, you must have good knowledge about the types of industries in India.

Post Examination

Following the responses filed to the examination report, an examiner can schedule a hearing when it is determined that the examiner is not completely satisfied with the response filed or if the objections raised are not addressed. After the hearing, the examiner could accept the trademark and then forward the application to be published in the journal or deny the application in case any objections persist.

Advertising the Trademark

When the registration application is accepted, The trademark will be announced and then released in the trademarks journal for the first 4 months. The advertisement/publication intends to invite the public to file an objection to trademark registration. Trade marks journal is available through the official IP India site, which is updated on Mondays of each week.

Opposition by the General Public

After the publication and advertisement on the brand, every dissatisfied individual can file a complaint to contest the trademark registration for the trademark advertised or published. The notice of opposition to the trademark should be filed using a special form. If the trademark faces rejection, you'll have to follow the proper legal procedure. This includes filing a counter-statement, submitting evidence and hearing to complete the trademark registration.

The Trademark Registration

The very last step in the entire process is registration. The application registration will complete after defeating the objections to the registration of the trademark. Additionally, if there were no objections to the trademark's registration in the 4-month advertising or publication period, then the trademark will be issued with an auto-generated registration certificate within one week. When the trademark registration is completed, it will be valid for 10 years. After that, it will need renewal within a specified time frame. 

Benefits of Having a Trademark Registration

There are many reasons to apply for trademark registration. They are necessities for all enterprises and entrepreneurs since it is an important asset to the business. There are numerous benefits of applying for trademark registration.

Intellectual Property Protection

Trademark registration offers legal protection against the use or copying of the business's name or logo registered. The trademark proprietor gets the trademark's rights and legal protection from unauthorised usage. Registration of trademarks lets the trademark owner have worldwide rights to the trademark and that is legally valid. Trademark registration provides an official acknowledgement to the public that the owner owns this brand.

Powerful Deterrent From Unauthorised Usage

A trademark owner avails the right to publicly promote the brand as a trademark. This will alert others and help to prevent the defence of unwanted violations. After you register the trademark, you'll search reports which can deter other applicants from pursuing the same mark or similar one.

If you're first to sign up for the trademark, The National trademark office in New Delhi will deny registration of any similar trademark.

Also Read: Government Loan Schemes for Small Businesses In India

Legal Remedies

While obtaining the trademark registration in India, the trademark owner could recuperate up to triple damages from the person who infringed their trademark. The trademark owner is the only legitimate owner of the trademark and hence, the registration of a trademark grants the owner the right to take action against anyone who uses the trademark to unwantedly sue in any legal proceeding.

Conclusion

A registered trademark marks your ownership over the brand, logo, or name. It protects your brand from all unauthorised usage. It proves that the product belongs only to you, and you've got all exclusive rights to use, modify, or sell the goods or brand in whatever manner you want. So, if you want to keep your business trademark safe from third party infringements, register your trademark

Follow Khatabook for the latest updates, news blogs, and articles related to micro, small and medium businesses (MSMEs), business tips, income tax, GST, salary, and accounting.

FAQs

Q: What’s the process of trademark registration in India?

Ans:

  • Conducting a trademark search
  • Filing trademark application 
  • Waiting for the Examination report
  • Publication of the trademark
  • Getting a registration certificate
  • Renewal after 10 years

Q: Can I register a trademark by myself online?

Ans:

Yes,an individual can file registration for the trademark. In case you’re planning the same, then you can register a trademark online through the e-filing gateway that you can find on the official website of the trademark office (TMO).

Q: How to register a brand name?

Ans:

Registering a trademark for an organisation’s brand name is not that hard. Several businesses are able to file an application online in just 90 minutes, without the assistance of a lawyer.

Follow these steps in order to register a brand name:

  • Decide on a unique brand name and logo. 
  • Conduct an in-depth online search. 
  • Fill in the trademark application. 
  • File the registration application for the brand name. 
  • Scrutinise your brand name registration application. 

Publish in the Indian tradeMark journals.

Q: What’s the cost of the process of registration of a trademark per application for a company/individual?

Ans:

The government fee for any trademark registration is ₹9000/application per class for the company. This fee decreases to ₹4500/application per class for individuals.

Q: How much does trademark online registration cost?

Ans:

The benefits of a registered trademark are really so deserving. Also, you can’t overlook it to establish a rewarding business. If you want to do trademark registration in India online, then the costs start at ₹5761.

Q: Which country files the most patents?

Ans:

China had the most patent grants in 2020 (5,30,127 patents granted).

Q: How long is the trademark registration process?

Ans:

The trademark registration process can take longer, and it takes nearly 18-24 months to avail registration in a normal case, without any opposition or objections.

Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.