Trademark Registration - Trademark Status | Online TM Application | Brand Registration

shruti chugh

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What is Trademark?

A trademark is a form of intellectual property comprising an identifiable sign, design or expression that helps recognise the products or services of a specific company. However, a trademark used to identify service is termed a service mark.

A trademark helps differentiate your product from competitors, which act as a company’s protective shield because organisations usually register their logos/brand.

Is trademark registration mandatory?

It is advisable to obtain trademark registration because it provides wider business opportunities, legal protection, unique identity to an organisation, and more. Thus, trademark registration is necessary to recognise the organisation.

Presently, the trademark registry works as an operational and functional body of the Trademark Act, or it can be said that it works besides the Trademark Registration Act.

Also, being a functioning body trademark registry is responsible for implementing the rules and regulations of trademark laws in India.

Legal Protection

Trademark registration provides exclusive rights to the registered trademark owner as it prevents other companies from copying your logo, slogan, or brand name. On the contrary, if a company does so, a registered trademark owner holds the authority to sue the unregistered owner of the trademark.

Wider Business Opportunities

A registered trademark builds trust among the customers in the market. That assists in enduring customer loyalty and makes them choose the same brand by ensuring quality and reliability. 

Thus, it provides a unique identity to the business compared to your competitors, primarily when you sell your products on online platforms such as Flipkart, Amazon, etc.

For instance, if an individual is looking for a pair of shoes, he would prefer to buy registered brands such as Reebok, Puma, etc., then shoes of unregistered brands because unregistered brands do not guarantee exceptional quality, trust, and reliability.

Therefore, it provides a unique identity to the products under a registered trademark that helps to attract new customers and create regular customers.

Create Intangible Assets

A registered trademark helps to create intangible assets that are the business’s intellectual property, which can be sold, assigned, franchised, or commercially contracted

Provides Global Reach

A trademark registered in India can be trademarked in other countries that provide your brand with a global reach, trust, and reliability in a worldwide market.

Trademark Symbol and Their Use

It is a typographic symbol that reflects that the former word/symbol is trademarked under Trademark laws.

Symbol ™ 

™ indicates the trademark registration for an unregistered trademark for which an application has been registered. Thus, it signifies that the trademark application exists.

Symbol SM

Symbol SM or Service Mark is used for the application for a service industry. In addition, it is used for the applications which are filled under classes 35-45.

Essential Factors to Consider Concerning Trademark Registration | Factors to Be Consider For Trademark Registration Online

Trademark is the most valuable asset of your company because it creates brand identity and contributes to creating its goodwill. Moreover, as mentioned, a trademark can be a logo, a word, label, symbol, etc.

This indicates the brand’s uniqueness and creates an identity for the customer that results in regular customers and attracts new customers.

Below-mentioned are the factors to consider in respect to Trademark registration process,

1. A visual representation

The visual representation of the trademarks can differ. Below-mentioned are some of the common types,

  • Word mark (typographic treatment of the name of company, product, or institution).
  • Logo and symbol (a picture or design).
  • Servicemark (used to indicate a service).
  • Series mark (the plurality of mask comprise a common suffix or prefix).
  • Shapes of good/three-dimensional mark (it helps in differentiating goods of a trader with another).
  • Pattern mark (it includes a pattern that helps to recognize the origin of goods and services from an undertaking).
  • Color mark (a non-conventional trademark that comprises one or more colors used on an object).
  • Collective trademark (the organization’s members use it to recognize the quality/geographical origin/accuracy and other characteristics defined by the organization).
  • Sound mark (a unique sound that is considered exceptional and used for specific community people).
  • Certification mark (it indicates that specific goods and services or the provider of goods and services withstand particular standards).
  • Geographical indications (it is a sign on the products

that indicate the particular geographical origin and including the qualities and reputation associated with the specific origin).

 Trademark Search

A trademark search needs to be done to check whether the trademark exists or not. If it does, you are required to make changes.

Moreover, you can search the Indian Trademark Registry database.

Consequently, JR Compliance with experience of above 8+ years can provide you professional assistance in searching whether the trademark is already registered or not.

 An Intangible Asset

As mentioned above, the trademark is similar to an intellectual property that attracts a pile of benefits for the organization as it builds the brand’s reputation.

Moreover, once a trademark is registered, it becomes an incorporeal asset, which can be traded, franchised, commercially contracted, and distributed.

shruti chugh
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