Trademarks Registration in India

WHAT ARE TRADEMARKS?

Trademarks are the unique and special signs which we use to identify particular services or goods from a particular company. They can be signs, designs, expressions, or even pictures. It is important and beneficial as it differentiates your product from the product of other competitors. Trademarks can be related to your product or your brand. Trademarks are considered intellectual property that is why they are protected from infringement. The rights related to trademarks are protected through the act, Trademark act, 1999.

If anyone wants to get Trademark rights protection then that person has to register their trademark. So your trademark must be registered as it prevents other competitors or other persons from copying your trademark and using it as a misrepresentation of the Other product. These marks help the clients to identify the brand in one look. For example the jumping wildcat of the brand Puma, and the tick sign for the brand Nike.

Trademark registration expires after 10 years and it can be renewed again for another 10 years.

WHO SHOULD APPLY FOR TRADE MARKS REGISTRATIONS IN INDIA?

Any company, an LLP, and individual can apply for the registration of the particular trademark by applying for the registration. Once the trademark is successfully registered then the person whose name is mentioned in the Trademark registration form will be declared or considered as the proper owner of the registered trademark. It is recommended that the trademark should be applied in individual name and not in the name of entity as for any reason if company is wound up or struck off from the Register of Registrar of Companies then you lose the registered trademarks also.

BENEFITS OF TRADEMARK REGISTRATION:-

Mark is a unique sign or symbol which may be A combination or a numeral, a label of colors for the identification of the services or goods. One can obtain the registration of Trademark under the trademarks act,1999.

Trademark helps to differentiate your services and products from those which belong to your competitor. One should know that the common abbreviations, Geographical names, trade words, common names cannot be registered as a trademark.Trademark helps to create the recognition of the brand for your product and it makes your product marketable. Some other benefits are as follows:-

Differentiation of goods or services:-

• Trademark registrations are unique to the services or goods they represent. A trademark will allow you to distinguish your product from that of your competitors. Customers recognise products with distinct trademarks in a unique way, resulting in a customer base of the product.

Recognize the brand:-

• Customers identify the quality, performance, and features of a product with the firm that makes it. They use the logo, which is a registered trademark, to identify the goods in general. Trademark registration makes it easier for people to recognise your products and services. It also contributes to the brand's goodwill. As a result, your brand is well-known and has a market worth over time. Brand recognition attracts new clients while keeping existing ones.

Goodwill and business valuation:-

• Trademarks that are registered and connected with your products increase the total value, net worth and goodwill of your company in the industry. Your trademark tells about your commitment to quality, as well as the unique aspects of your products and the mission of your company. Trademarks aid in the expansion of your company. They aid in the retention of loyal clients and the protection of your company's reputation.

Expansion of the business:-

• A trademark establishes a relationship between a company's products and its customers. You can build a consumer base by offering efficient or innovative items. Your trademark aids in the retention and expansion of your consumer base. The registration of your trademark gives you the rights to use it for a period of ten years, protecting your business earnings. By introducing new items and expanding their business, businesses can take advantage of the benefits of having a customer base.

Legal protection:-

• Trademarks are considered as intellectual property and are thus saved from infringement after they have been registered. The exclusive right to use a trademark in relation to the "Class" of services or products it represents is also conferred by trademark registration. The symbol "TM" can be used with your items after you have filed a trademark application. Only once your trademark has been registered can you use the symbol "R." In addition, the TM sign can only be used for the goods and/or services stated in the registration certificate. In the case of illegal use of a registered trademark, you can seek infringement redress in the country's proper courts.

Key Points About Joint Applications for Trademarks:

1. Ownership Details:
1. All joint applicants are considered co-owners of the trademark.
2. The application must clearly state the names and addresses of all co-owners.
2. Rights and Responsibilities:
1. Each co-owner has equal rights to use the trademark unless otherwise agreed upon in a separate legal agreement.
2. Any decision regarding the trademark (e.g., licensing or assignment) typically requires consent from all co-owners.
3. Filing Process:
1. The process for filing a joint application is similar to a regular application, but the details of all joint applicants must be included.
2. Fees are paid per application per class, regardless of the number of joint applicants.
4. Examples of Joint Ownership:
1. Two or more individuals creating a brand together.
2. Joint ventures between companies or organizations collaborating on a product or service.
5. Potential Challenges:
1. Disputes may arise between co-owners regarding the usage or management of the trademark.
2. It is advisable to have a co-ownership agreement that outlines each party's rights, responsibilities, and dispute resolution mechanisms.
6. Legal Protection:
1. Once registered, the trademark is protected under the names of all listed owners. Enforcement actions can be initiated jointly by the co-owners.

Practical Advice:

• Before filing, consult with a trademark attorney to ensure that the ownership arrangement is clear and legally enforceable.
• Draft a formal agreement outlining how the trademark will be managed, used, and transferred between the co-owners.