A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.
In India, trademarks are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
Trademark symbols and their usages
You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.
The C symbol stands for contents which do not have any copyright issues. The symbol is mandatory in many countries for copyright claims.
The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.
Documents needed for Trademark Registration
An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.
While filing for the trademark registration, the documents you need to provide are as follows:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
Identity And Business Proofs
The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.
Using Logo With Tagline
If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.
On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.