We have seen many companies and products with the sign of TM. TM mean trademark. It simply means that your company or creation is unique. You have rights to this company and only you can change or rectify the rules and regulations of the company. The TM is also to prevent forgery use of the mark and its services. It was established in 1940, in India. The trademark act came into the light in 1999.
The administrative involvement
The business of the applicant will receive the trademark certificate from the head office or branch office of the Intellectual Property India. The formality of the application checking will be done at the respective office of the trademark registry. It is done with the digital medium.
This formality is done in branch offices, but the final verification of the trademark certification is done in the head office of the registry, in Mumbai.
The application can be considered by the registrar, the submitted documents and distinct quality of the application will confirm the final nod from the applicant. The accepted application is published on the trademarks journal, on the official website of the trademark registry ie http://www.ipindia.nic.in/. The journal is an official gazette of the trademark registry which comes on a weekly basis. The application can be challenged within four months from the publishing dates if there is any opposition to the application for a trademark. The applicants can re-apply or file for a counter statement within two months. Then the final approach and counter-attack will serve as the final evidence of the case and hearing officer will serve his final decision. The decision of the hearing officer and later the registrar is appealable to the office of the intellectual property appellate board.
- The registered trademark is an asset for the product or the company which is used in protecting investment in the symbol or in the brand. It is a visual symbol. It may possess a word, name, label or numbers used by the business or product or services. The symbol separates one type of product from the other with this verified symbol.
- One cannot register for trademark if there are any deceptive, generic, and offensive contents for registration.
- Online trademark registration will be done by the controller general of patents designs and trademark ministry of commerce and industry.The permission to use the trademark sign in the product or services.
- Once one is using the symbol in their product or services it is under the ownership for 10 years. After this tenure, one can renew his symbol for the company by filing a renewal application at trademark renewal application for another 10 years.
- There are many renowned companies where this trademark renews, filing, trademark opposition, patent registration all is done.one can get free suggestion and consultation with the experts.
Why do you need to do Trademark registration?
Legal protection-Your product or company is trademark protected. Any unlawful activity or infringement against you is addressed by the trademark regulations. There is no place for using the TM sign without the government’s permission. If anyone uses the TM without permission it is an infringement of rules. If the person caught red handed it may land him in trouble. Only when you are protected with registered service, you are liable to deliver the authentic and if any threat occurs, you may file an action against the misconducted. The legal protection for your company is thus ensured with Trademark. It is available for 10 years.
Unique identity-Once you are under the trademark symbol, your company or service or product will become unique amongst everyone. It will have a different approach and service facility. Suppose you are taking a special brand of salt you know the uniqueness of it. No other brand can produce the exact same taste or identification as the former one. You will invariably select your favourite brand. TM provides this facility and you will be elated to get the special product made for you only. The standard of the product also matches with the previous one, and you will be able to buy this product for many years.
Creation of assets-It is a creation on behalf of the company or services.Trademark filing is an intellectual property. It is an intangible asset for the organization.The registered trademark symbol is the right of the company which the company may sell, franchised or commercially contracted. The franchise is as same as the mother company. The liabilities and services of the company to its customers remain same from the franchise too. The trust issue is maintained by the company with the protection of Trademark.
Global Trademark filing-There is the provision of trademark registration in other countries on behalf of the national company. You are living in India. Your business is protected by TM and you are willing to spread the wings of your business to other territories also. You have to register your company on the other country trademark filing office. The foreigners if wanted to do business has to file for trademark registration with proper documentation in India, before starting their venture.
Trust or goodwill– The trust issue will be there where your interest, money and health involves. With trademark registration, any company receives the trust here within. You are liable to maintain the trust shown upon your company, until its presence in society.
The ministry of corporate affairs of India on 2013 has brought the Company registration with trademark act. It is to serve liability protection, separate legal entity, ability to raise funds on behalf of the company. This practice is done by every small, medium or large company. There are various kinds of companies like Private Limited Company, Section 8 Company, One Person Company and Nidhi Company or companies with subsidiary from India. It will take 10-15 days to complete the company registration process.
Registration for trademark
Registration for a trademark is obtained for logo, words, device, slogan, numerals and more to the office of the registrar.The registration can permit the legal right to the company on exclusivity for the mark. The process includes multiple processes. The ministry of Intellectual Property takes care of this process. There are private concerns too where you can go and meet the necessary involving process.
- Trademark search is done to place the desired trademark for your company is important. There are many trademark logo, name, symbol and lots of other things. Here the search for your own and unique logo or mark is important. It will give you another point to succeed and to separate your product from the lot.
- Trademark filing start after the search got over. You have to file for a trademark. One can file for a trademark online or where the business jurisdiction falls into. The inclusive process are as follows:
1) Name and address of the trademark owner
2)Desired Logo or the symbol.
4)Used marks since the date on the official website
5)description of the goods or services.
- Trademark application allotment is provided from the office of the registrar and after proper, verified documentation the applicant can fill up the application.
- Trademark examination is done after all application submission and proper documentation. The expert will scrutinize documentation properly. The examination part will be over and you will reach the next level.
- Trademark journal publication is an important step as the publication of your registration may invite objection from other trademark users. If there is no such problem then you will get a clean chit for a trademark.
- All the above procedure is done and you are able to get your registration done.
Public trademark search
This search is important to make sure you are standing apart from others. The applicant and the office of the registration both search for a unique name, symbol, word, logo to get the desired trademark. You are even not being able to get your mark if the proposed phonetics matches with other phonetics. Once you are happy to see that your proposed TM is different from others, you will get through the process easily. The procedure may include some steps:
2) Vienna Code
With the help of the experts, you are able to get the public trademark search for your company. The inclusive process the experts will guide you.
You are out to do business, your service, product and company have to have a special offering to the customers. One can attain the speciality by going through the steps, discussed above in detail by availing the trademark of your company. The unique features of the trademark are enough to segregate you and your product stand tall in the crowd. You are very much implementing your ideas to the company but the uniqueness can be copied by others.Here the trademark will save you from the cheat. You will be able to get assistance from the experts. You are your own liability and protection, with the strong shield of Trademark.