What is a Trademark?
A Trademark generally refers to a “brand” or “logo”.
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.
Signs of a Trademark
To indicate that a trademark has been claimed companies use one of three symbols:
- ™ - Using the trademark symbol after a logo or phrase alerts competitors that you have claimed this symbol or phrase as your own, but you don’t have to have even formally apply for it.
- ® - Only trademarks that have been officially granted by the Trademark office can use the ® symbol, which stands for registered trademark.
- ℠ - Companies that sell services, not products, have the option to use the service mark logo, but most use the ™ instead for simplicity.
Benefits of Registration
Once a trademark has been granted, the owner receives three key benefits:
Protecting a Trademark
Although a trademark is issued for the life of a company or product, businesses do need to guard against phrases becoming generic. This typically happens over time when people use a company’s product name to mean all products or processes like it. Think Kleenex used for facial tissues, or Xerox for photocopying. To continue to claim that trademark, those companies need to notify people who misuse the term to stop.
trademark registration Process
How we help with Trademark Registration? A detailed Trademark application filing process
TRADEMARK SEARCH | Public Search
We help in your trademark search by conducting the search using trademark(™) director. We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.
CLASS SELECTION
While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class. For example, the Class 28 includes products and services related to games, sports and toys. Hence, if you are planning to launch a new toy brand, you will have to apply under the Class 28.
PREPARING THE APPLICATION
After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first. This gives us the right to make the trademark registration on your behalf. You can sign the letter and return it back to us. We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.
Documents needed for Trademark Registration
An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.
While filing for the trademark registration, the documents you need to provide are as follows:
Applicant’s name
Business type
Business objectives
Brand/logo/slogan name
Registration address
IDENTITY AND BUSINESS PROOFS
The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.
USING LOGO WITH TAGLINE
If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.
FORM 48
On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
Important things know about the online Trademark Registration Process
Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.
THE VIENNA CODIFICATION PROCESS
In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as - “Sent for Vienna codification.”
THE EXAMINATION OF TRADEMARK
After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.
HEARING BEFORE TRADEMARK REGISTRAR/OFFICER
If the trademark application is rejected, the applicant can go for a for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected. If he is not fully convinced about the reason for rejection, then the Intellectual Property Appellate Board can be contacted.
Trademark symbols and their usages
(R) SYMBOL
You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
(™) SYMBOL
This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.
(C) SYMBOL
The C symbol stands for contents which do not have any copyright issues. The symbol is mandatory in many countries for copyright claims.
(SM) SYMBOL
The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.
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