After registering a company the most important task is trademark registration and logo registration. In simple words, trademark registration is like brand registration which makes your brand hold its unique identity amidst the pool of others. The reason trademark registration becomes important is because it gives a unique identity to your brand, helps people identify your company and at the same time, there are many competitors who would be working in the similar domain, getting the a registered trademarkwill help you prevent your name being used by your competitors.
A registered trademark is an intangible asset for your business. After you have made an application for trademark registration it takes 3 days for the department to assign it to you but it takes almost 1.5 years for complete registration so that you can use it.
What is a trademark ?
As mentioned above trademark can be any unique expression which helps in distinguishing it from the others. It can be a symbol, word, picture, name, label, a device or numerals which can help you distinguish your company from the others.
It won't be wrong to say that a trademark is like a silent salesperson and your legal umbrella protecting your brand 24*7. An important point to note here is that, if only you have registered trademark under the Trademark Act,1999, only then you can sue a company who intends to damages or infringes your trademark.
Empressalegal suggests that you should get a registered trademark as soon as you plan to register your company because it offers myriads of benefits to your company and here we enlist the number of advantages:
It can be a personal name or surname of the applicant or the signature of the person.
Alphanumeric or just numerals can be a logo.
A word can also be a trademark. For example, Google.
Any image, monogram,logo, 3-D shapes router can form a trademark.
It is advisable to register a trademark as an individual. In the case of o a proprietary or a company, if it gets closed for some reason, the trademark is invalid, which is not the case when its registered as an individual.
Empressalegal helps in trademark search which is unique, we will suggest you options like trademark name, trademark logo or you can suggest your own. We help in registering it for your and make sure that your trademark a name or logo which is unique and catchy too.
Once you approve the name or design, we will be sending you an authorization letter which has to be signed by you and send it back to us. This is to ensure that you are allowing Empressalaegal to carry out trademark registration process for you.
After receiving the letter we will file the application. After this, you can start using™ the symbol. Empressalegal will provide you the TM application number.
This takes a long time of 1.5 years, during this period your trademark application is verified. Government carries out due to diligence to ensure that it is not copied or hurts any religious sentiments or it matches the logo of any other company.After it clears all the step, the trademark gets registered in the next 6 months. We will constantly keep you posted with the status of your application.
In the case of any object raised by the trademark department, the hearing is held before the registrar and all this will be taken care by us.
Registered Trademark gives a constructive notice to outsiders the ownership right of the mark or logo.
Increases Value of your Brand
A registered trademark establishes consumer brand loyalty, and hence creates goodwill for your business.
Distinguish goods and services
Trademark distinguishes the good and services from competitors and establish consumer’s loyalty.
Prohibit others to use similar mark
A trademark which is registered with the authority is much secure and its prohibits others to use the same or similar marks.
Damage for Infringement
Trademark Act, 1999 gives the right to the owner to sue the person and claim damage for infringement or unauthorized use his registered Trade mark without permission.
Assignment and Transmission
The owner of trademark can assign and transmit a registered trademark to any other person in return of some consideration.
|Benefits||Exclusive right to the mark and provides
public notice of ownership
|Gives public notice to outsiders the ownership
and allow the Copyright holder to bring
suit for infringement.
|Protection||Registering under Trademark act protects Name,
word, symbol, Logos. It also identifies business
|Registering under Copyright act, gives protection for
creative works such as books, movies, songs,
paintings, photographs, choreography, architectural
works, sound recordings.
|Duration of Registration||Once registered it shall be renewed in
every ten years.
|Different duration prescribed for different works, but,
for literary, dramatic, musical and artistic works,
the duration is for Lifetime plus additional Sixty
years after the death of the owner.
|Assignment and Transmission||The owner of Trademark can assign or
transmit a registered Trademark to any other
person in return of some consideration
|The owner of Copyright or prospective owner
can assign or transmit Copyright of any
work to any other person in return
of some consideration
|Damage for Infringement||The owner can sue the person and
claim damage for infringement or unauthorized use
his registered Trademark.
|The owner can sue the person and
claim damage for infringement or unauthorized use
of his work