Trademark

A trademark is a kind of intellectual property that consists of an identifiable design, phrase, or another element that distinguishes one source's goods or services from those of another. The proprietor of the trademark may be a human, a package, a label, a voucher, or the product itself. The term "service mark" can apply to a trademark that distinguishes a service.

Any word, phrase, symbol, or visual representation that distinguishes your products or services, or both, is referred to as a trademark. Customers use it to identify you in the marketplace and distinguish you from your competitors.

What does “Trademark” mean?

One prevalent fallacy is that by registering a trademark, you can legally claim ownership of a term or phrase and forbid others from using it. You do not, however, have any rights to the term or phrase in general; rather, your rights are limited to how it is used in connection with your particular products or services.

Consider the scenario where you utilize a logo as a trademark for your small woodworking company to identify and set it apart from competitors' products or services. The use of a comparable emblem for products or services unrelated to the woodworking industry by others is not something you can forbid.

Another widespread fallacy is that selecting a trademark that simply defines your products or services would be successful.

How To File a Trademark Registration Form in India?

The following actions/procedures must be followed to submit your trademark application:

• Determine the trademark that should be registered.
• Choosing the classification for which the trademark will be registered.
• Find out if a trade name or mark is available for registration by using the Trade Mark Registry.
• Applying through the Trade Marks Registry.
• Obtaining recognition from the Trade Marks Registry.

Steps After Application Filing

• The initial examination report will be released by Trade Marks Registry following the recognition (minimum 1-2 months required).
• If there are any objections, they will send an objection letter after the exam; otherwise, they will send the examination record, which states that the mark is approved.
• We must submit a reply and show up for a hearing at the Trademark Registry if there is an objection.
• Publication in the Trademark Journal for Public Information is the next stage (minimum 4 months required).
• During the time that our mark is being published, any third party may object.

Having a trademark vs, a registered trademark

When you begin utilizing your trademark in conjunction with your products or services, you are considered a trademark owner. By utilizing your trademark, you acquire rights to it, but such rights are only valid for the region in which you are selling your products or services. You must file for a national or international trademark if you want more robust, global rights.

You don't need to register your trademark. However, compared to an unregistered trademark, a registered trademark offers more rights and protections .For instance, you may use a logo as the trademark for the handcrafted shoes you sell at your neighbourhood market. You may elect to register your trademark as your company develops and evolves online if you want to provide your brand additional security. By registering your trademark, you provide it with national and international protection.