In terms of protecting your business’s image, Trademark Registration in India is among the most efficient and effective legal instruments that are available. However, many entrepreneurs and business owners of small businesses ignore its significance or don’t understand what it does.
The registration of a trademark does more than create a distinct brand identity but also safeguards your logo, name, and image from being used for ill. Beyond that, there’s plenty more to know concerning Trademark registration in India, which most folks don’t even know about.
Find out the most interesting facts that each business owner must know before applying for a trademark.
1. You Can Trademark More Than Just a Name or Logo
Some people believe that trademarks are only applicable to brands’ names and logos. However, it is possible to trademark colours, sounds, and shapes, as well as taglines and even scents, as trademarks under the law of India.
For instance, the well-known Nokia sound effect and the Coca-Cola bottle’s shape are registered trademarks.
2. Trademark Registration in India Follows a “First to File” Rule
India adheres to the “first to file” rule, which means that the first person to apply is the owner of rights but is not necessarily the person who uses the brand’s name first.
So, should you have a particular trademark in your mind, make sure you register it before the deadline so that you can avoid any further legal issues.
3. You Can File a Trademark Online
There is no more waiting in long lines at the office of the government office. Now you can submit an application to apply for Trademark Registration in India online via IP India’s official website.
You will require the basic documentation, like the logo, your brand name, and details of your business, to file online from any location in a matter of minutes.
4. You Can Register a Trademark Even Before Starting Your Business
Yes, you are able to trademark your brand prior to officially beginning your business. This can be particularly beneficial when you are a startup and want to secure your brand’s image in the early stages of development.
5. Trademark Protection Lasts for 10 Years – and Can Be Renewed Forever
A trademark that is registered in India can be used for a period of 10 years after the date that you filed. Then, you are able to renew your trademark for a period of time by paying a modest renewal cost every ten years.
This means your mark will be legally secure for as long as you keep the trademark.
6. A Trademark Gives You Exclusive Legal Rights
When you have your trademark registration in India accepted and you are granted the right of ownership.
You can claim legal action against any person who makes use of your trademark, logo, or slogan without authorization or demanding compensation for damage.
7. You Can Trademark a Foreign Brand Name in India
However, even if the brand originated outside of India, you can still register it in India to protect yourself from unauthorized use.
Many global firms register their trademarks in India to safeguard their branding identity when they expand to the Indian market.
8. Trademark Registration Covers the Whole Country
In contrast to legal documents that have a state-specific nature, registering a trademark in India provides protection all across the country.
So after registration, your trademark or brand’s name cannot be reused by any other person within India, nor even in a state or city.
9. You Can Trademark a Brand Under Multiple Classes
If you operate a business that deals with diverse categories of products or services, you can file to trademark your business for registration under several categories.
For instance, if your company operates an apparel company that sells perfume, you’ll have to apply under Class 25 (clothing) as well as Class 3 (fragrances).
10. The Trademark Process Takes Time – But It’s Worth It
Trademark Registration for trademark registration in India generally takes between 12 and 18 months, based on the nature of the opposition or objections. Although it might sound like a long time, however, the rewards are worth it – security from legal issues, credibility of brands, as well as confidence.
Why Trademark Registration in India Matters More Than Ever
In today’s business climate, your brand represents your brand’s identity. No matter if you’re a tiny startup or an established company, Trademark registration in India assures you that your effort and imagination, as well as your reputation, are protected.
It also increases trust among customers – having a registration with a “(tm)” or “(r)” alongside your company’s name immediately creates a professional appearance and makes your brand reliable.
Summary
Trademark registration in India is not simply a formality; it’s an investment in the brand’s future. It safeguards your brand’s identity, creates trust, and grants you the complete legal rights over the name and logo you choose to use.
If you’re just beginning or growing, this is the ideal opportunity to establish your brand’s legal base.
Follow us on Facebook to find out more about our services and how we can assist your food company to grow in a safe and efficient.
FAQs – Frequently Asked Questions
1. What is the cost of Trademark Registration in India?
Prices for government registration start at Rs 4,500 for individuals, and the cost for businesses is Rs 9,900 for each class, not including fees for professional services.
2. What can I do to determine the availability of my name?
Is it in use? Go to ipindia.gov.in and then use the trademark search tool to verify if your preferred name or logo is registered.
3. Do I have the right to use my company’s name even before the registration process is completed?
You can make use of it using the ™ symbol while you are awaiting approval. The ™ symbol is present as long as the application process is in progress. After approval, you are able to make use of that (r) symbol.
4. What happens when my trademark is challenged or rejected?
You’ll have to reply to any objection by providing an explanation or a legal response within the timeframe specified for your trademark to remain current.
5. Do I have the option of selling or transferring my trademark at a later date?
Absolutely. Trademarks registered with the trademark office can be sold, licensed, transferred, or even assigned in the same way as other property of intellectual value.