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Why is Trademark Registration Important for Small Businesses?

Trademark registration

Trademark Registration protects the image and brand of the company and it helps in building trust in customers. The new businesses entering the market need to build a distinct image so that the target customers can easily recognize the brand.

The registration of a trademark is not mandatory for Micro small and medium enterprises (MSME). However, there is a 50% rebate on government fees during the application in India.

Trademark is the identity mark of the company. It is not only a design or logo, but it is also powerful to give an exclusive right to use the logo or mark, as it protects the goodwill of the MSME.

Why logo or Trademark Registration so important?

The following points are given for the importance of registration of a trademark:

1. Protects your brand:

Your trademark does not have to be a word always; it can also be a single logo or letter.

2. Effective communication tool:

A trademark can convey attributes of emotions and intelligence and convey attributes of emotions and intelligence and conveys positive messages about the brand.

3. Easier for customers to find your brand:

Trademark makes it easier for customers to find your brand and help to capture the attention of target customers which leads to a further increase in sales.

4. Utilization of social media and the internet for Trademark Registration:

When an interested customer is buying the product of your brand. The first thing is to enter the name on a social media platform to view the products sold by your brand.

5. Trademarks as a valuable asset:

If the growth of your business is more, it leads to better value for your brand. Trademarks can increase the growth of a brand from the company to another.

6. Hiring is easy:

The brand can easily generate employment opportunities. Employees tend to retain in a company where they get a positive working environment that a company offers.

7. A registered trademark will be available for 10 years:

Once the registration is completed, the term of validity of the trademark will be of 10 years. You can renew after the period is expired.

Is Trademark Registration Compulsory in E-commerce?

The Registration of a Trademark is not compulsory for starting any business.

Trademarks protect your brand, slogan, or logo from misuse as well as registration helps in establishing a unique identity for your goods and services.

When the trademark is registered, it provides various benefits such as:

  • Protection for your business – A business with a registered trademark has legal support against anyone using or ignoring the registered trademark.
  • Protection against brand damage – A trademark can defend your brand from injury.
  • Performing a trademark search – An essential part of the process of applying for the process in applying for a registered trademark.
  • A notice of claim to any other business’s consideration of using the same symbol or word as its trademark.
  • A legal inference of ownership can help to prevent interested users.
  • The unique right to use the trademark is with owner.

Which Class Falls for Mobile App Trademark Registration?

A mobile application is software designed to run on a mobile device such as tablets, smartphones and smartwatches.

It is essential to obtain a trademark under the right trademark class to get complete protection against infringement. The mobile app owner has to mention the right trademark class for the mobile app while finding the trademark application in India.

All the software and computer programs come under Class 9 of the class of trademark. Mobile apps are generally registered under Class 9 of trademark. But only registering under Class 9 of trademark does not protect it fully from infringement. To get complete infringement, you need to register under trademark classes 42 and 9 on the trademark registration government website.

It can be downloaded from specific app stores on different platforms. The registration of a trademark for mobile apps can be obtained in India for the following:

  • Name, the abbreviation of the name attached to the mobile app.
  • The logo and icon are attached to the mobile app.

The registration of the trademark of mobile apps provides the following benefits:

  • The exclusive right to use
  • Preventing others from using similar trademarks for their apps.
  • Legal protection from Infringement
  • Reporting Trademark Infringement on platforms like google play store, etc.
  • The registration of the trademark of the mobile app helps the International mobile app that protects it from international infringement.

How to register trademark in India and What is the trademark registration process?

The registration of a Trademark is performed by the Controller General of Patents Designs and Trademarks (CGPDT). The procedure is carried out as discussed in the steps mentioned below: –

Step 1: Choosing a trademark –

First, you must choose a unique mark for representing the company’s brand in the market. There are 45 classes of goods and services currently under which trademarks can be registered.

Step 2:  Trademark Search –

Once the selection of a trademark is done, the next step is to conduct a public search of trademark. It is performed on the online database of the trademark registry. You just need to choose a particular class in the online database.

Step 3: Filing trademark application–

To register on the Trademark Registration portal, you will require to file Form TM-A along with the given information:
– Business registration proof

– Identity and Address Proof documents,

– Soft copy of the logo

After filling the application, you will receive a receipt of acknowledgment on the government website to use your trademark symbol beside your logo.

Step 4: Examining the process of application –

Once the application is filled, the Registrar of the trademark will check if the existing rules have been duly followed. There shall not be any similarity between the proposed and an existing mark.

Step 5: Publication of Trademark –

Once the examination of trademark is completed, the registrar will publish the brand name logo for trademark registration online in the trademark journal of India. Then, the public can raise any objections within three months’ time from the date of publication. If there are no oppositions, then the certificate will be issued and successfully register a trademark.

Step 6:  Trademark Opposition –

The trademark opposition by third parties are filled within three months, you must submit a response of opposition within two months.

Step 7:  Trademarks Registration Certificate –

After the trademark is registered, now start using the R symbol next to your trademark.

What are the required documents that must be attached with the application of a Trademark Logo registration in India?

Trademark registration login is the website where the required certain documents are submitted with the application as follows:

1. Soft copy of the trademark

2. For Individual/HUF – You will need identity proof i.e., PAN/Aadhar card, registration document of business or Shops and Establishment license Act.

3. For company/LLP – You will need Certificate of Incorporation and Registered Address proof

4. For a Partnership firm – You will need a partnership deed.

Closure Now…

The Controller General of Patents Designs and Trademarks (CGPDT), is also called the office of the Registrar of Trademarks in India. It is important to know that it prevents another person from misrepresenting the products with your trademark and copy your mark. The trademark registration fees are prescribed by the government according to the applicant type.

Trademarks are unique logo that helps in identifying products or services from a particular company. In this article, we have discussed the process of registration of a trademark and its documents.

 

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