As a layman, any entrepreneur would think when his business operations are going smoothly, with high growth prospects, he has nothing to worry, either in present or in future and there is no need of any trademark registrations. To some extent, he is right in his approach but keeping in view the overall global business environment, his approach may be considered to be wrong. In the current competitive world, where brands are the faces of the business entrepreneurs globally, one can’t afford to ignore this registration and commit business blunders. Now, one would think what are brands / trademarks, who regulates them and what is their importance / relevance, what is the fee towards their filing and what is their validity period?
- What is a trademark?
A trademark can be a word, logo, tagline, phrase, symbol, design, brand or a combination of these things that identifies your goods or services. Trademarks, oftenly called as Intellectual Property Rights are becoming increasingly important since the customer identifies the goods or services with the brand names / trademarks of the Corporates / entities / firms.
A ‘trademark’ means a mark, capable of being represented graphically and capable of distinguishing the goods or services of one person / entity from those of others.
- How the trademarks are applied?
The trademarks are applied either online or offline. In case of online filing, one has to file the application at www.ipindia.gov.in.
In case of offline filing, the applicant has to file the Application physically at the Trademark Registry office falling within jurisdiction of the relevant area.
What are the top ten benefits of trademark registration?
- Trademarks are the most valuable intangible assets of any company / entity:-
When an entity registers a trademark, it is shown as an intangible asset of the Company in its balance sheet of the entity. A trademark’s value also increases parallelly to the business growth and the mark’s popularity.
- Trademarks provide unique identity to the entity:-
A Registered Trademark, over the period of time, becomes the face value of entity and the customers / traders deal in the goods simply on the basis of the brand names, since loyalty gets built up with the brand names. It removes confusions from the minds of customers while purchasing the goods.
- Potential Source of income to the entity:-
Trademarks are also a potential source of huge returns / income as revenue can be generated by selling, licensing or transferring / assigning them to third parties.
- Legal protection to the Entity:-
Trademarks offer legal protection to the Company against infringement by any third party. Nobody can use a trademark which is deceptively similar to the trademark registered in the name of an individual / entity, under the same class of goods / services.
- Benefit of Exclusivity:-
Trademark Registration confers the benefit of exclusivity to the owner of the Trademark. He / She has the exclusive rights to use the said trademark / brandname with respect to the goods / services for which he has registered the mark. Nobody else can use the said trademark / brand name.
- Creation of goodwill of the Entity:-
Once a trademark is registered, it creates an image in the minds of the customers for the goods of the particular entity. They associate the quality of the product, simply the brand name. In the long run, it enhances the image of the entity, maximizes customer confidence which ultimately generates goodwill of the Entity.
- Attracts new customers to the Entity:-
When an entity sells goods / conducts business under a particular brand / trade name and becomes successful in building customers loyalty to that brand, it attracts new customers in the long run based upon the goodwill of the entity.
- Business Expansion:-
With the trademark registration, an entity becomes successful in generating goodwill, new customers, brand loyalty, as a result of which, there happens significant business growth and expansion.
- Global recognition:-
When an entity conducts business, nationally or internationally, under brand names / trademarks, it becomes capable of generating Global recognition, adding to its overall business growth.
- Ensures Product Quality to the customers:-
Products sold under particular brands / trademarks assure the customers of the quality of the goods and customers prefer to but those goods again and again on the basis of image created in their minds.
- What is the fee towards trademark filing in India?
The applicable fees is Rs.4500/- in case of individuals, proprietorship firms, MSME entities (online filing) and Rs.5000/- (in case, offline).
In any other case, fees towards filing- Rs.9000/- (online) and Rs.10,000/- (in case, offline).
In case of multi-class filing of the trademark under class 99, the application fees will be paid towards each class submitted through that form.
What is the validity of the Trademark registration?
A Registered trademark is valid for a period of 10 years from the date of application filing.
Trademark services at your doorstep
Brij Agnihotri and Associates, Company Secretaries, Registered Trademark Agents, Registered Valuers (SFA) are experts in legal matters corresponding to the corporate realm. They render professional advice on all kind of trademark related issues ranging from trademark filings to opposition / assignment / rectification related issues. If you are looking trademarks Agent for trademark registration in India for filing your trademarks / logo / brands, you must look no further.
They help you get the ‘™’ symbol which stands for applied trademark or the ‘R’ symbol which shows that your product or services are registered. At Brij Agnihotri & Associates, quality services are assured and customers satisfaction is the priority.
