Trademark Registration in Coimbatore – Benefits of Trademark Registration what we are going to discussed here.
Definition of Trademark
A trademark is a symbol, name, word, device or any amalgamation which is legally taken by a company to differentiate their products from the other products. It is also indicated as brand name. The Trade Marks Act, 1999 and Trade Marks Rules, 2002 maintains the laws with corresponding trademarks. Trademarks are a cost effective of way of advertising your business and its benefits your business growth.
History of Trademarks
The initial official trademark law was introduced in the year of 1940. However due to its restriction and non-usability, it was re-amended by the Trade and Merchandise Act, 1958. In 1994, India became part of the TRIPS Agreements which decide the basic standards for intellectual property rights. To face these basic standards, a number of modifications were introduced to the trademark laws in India. These amendments were made by amending the already existing act with the Trade Marks Act, 1999 and the Trade Marks Rules, 2002.
Benefits of trademark
Trademark registration in India is one of the important things that can greatly help in improving your business.
The trademark differentiates the goods of a certain trader or manufacturer from other same goods and services. Thus, the purpose of trademark is to prevent the rights of both the trader and consumers. Trademark may consist of a device that represents the image of human beings, animals, letters, words, signature, numerals or any combination of these.
Hence the trademark provides the benefits and relationship in the trading process between goods and the trader, trademark acts as a vital source of advertisement for goods and their quality. The motive of the trademark law is to permit an enterprise through registering its trademark to have the exclusive rights to use, assign or share a mark. Closely related to the trademarks are the service marks that differentiate an enterprise’s services from that of other similar enterprise’s services.
Trademark Can Help Inaugurate Brand Name
- Trademark can help consumers in differentiating your services and products from those of your competitor.
- Trademark also provides as an identification of the quality of your services and products.
- When you initiate a brand and earn goodwill, this is helped when you register your trademark.
- Trademark will also allow using the name Branded Goods that can act as added benefits to your product.
- Populating your product through advertisements will reach more customers easily when your product comes with an attractive and effective trademark.
- The trademark can provide as the most efficient commercial tool that can initiate your product’s identity.
- Through product registration, you can expect that this will significantly leverage your brand’s value to all potential purchasers and thus, any buyer of your business is more likely to pay even more for the goodwill being built.
Trademark Will provide as Your Business benefits
- Trademarks are amid the very few advantages which can provide a long term advantage over your competitors.
- Trademark is the only asset of your business that can acquire more appreciated in its value over time.
- Trademark can provide more value beyond the core of your business and paves way for business enlargements.
Trademark is Your Best Communication and commercial Tool
- Trademark can help register the product among consumers that can help them in distinguishing and choosing their desire product.
- Trademark can easily enclose several technical problems in one logo including:
- Services and products
- Consumers’ need
- Trademarks can work across borders, language and culture.
Trademark Can Increase Your Sales
- Trademark of Your business can help you to find the essential differences among the competing products.
- The brand can provide as a critical factor for dragging the attention of consumers.
Trademarks are economical
- According to a successful trademark registration, it can already have an infinite lifetime by only renewing this once in ten years, with the costs lesser as compared to the other intellectual properties.
- The trademarks are usually focused for internet users that can help consumers easily find your product.
- Trademark can provide the consumers the capacity of preventing themselves through depending only on the known brands of services and products.
Trademark can also provide you as the owner as this will help you protect your own product from your competitors in respective fields even despite their similarities. You can prevent your trademark through carrying the necessary legal actions against your competitors should they try infringing or copying your own trademark. The company undergoes trademark registration of their products; it will get the exclusive right for using the trademark nationwide and for every product came under the registration.
Trademark provides as the evidence of its validity following registration and this can give you the exclusive right as the owner for using your trademark in commercial usage. Trademark registration can protect other people or entities or companies from using your trademark and this is the reason why trademark registration is important. In case someone tries to neither infringe or copy nor imitate your trademark, you have the right to legally fight back and only when your trademark has been registered.
Difference between Unregistered and Registered Trademarks
The primary difference between prevention available for the registered trademarks and the unregistered trademarks is that the former serves as a statutory remedy while the latter is a common law remedy. For establishing infringement when it comes to registered trademark, it is important to introducing that the infringing mark is similar or deceptively similar to the trademark that has been registered and no other proof is needed. The unregistered trademark may obtain protection where the services and goods have an extremely significant position in the market for the sales in that specific class of services and goods. Such trademarks are being used during the process and procedures of trade which is more familiar to the public in India.
Unregistered trademarks may reduce your brand reputation
There are many usages that you can experience when you register a trademark and use the services of a dependable trademark registration and prevention services provider. Registering your trademark can enhance the prevention that it receives, stopping others from using your own trademark and increasing the actions in the even that someone disobeys upon the trademark.
Trademark registration is almost certainly the most important feature of the intellectual property prevention program of any person or entity or company. With no trademark registration, your company will individually depend on the common law rights within the geographic area where it makes purpose of the trademark.
Most importantly, without a trademark registration, latecomers might register a mark similar or identical to the mark of another company which is already registered their trademark. This registration done by a different user may hamper the development of the trademark use of a company in other requirements or block or restrict the latter attempt of a company to get a trademark registration.
This is certainly difficult to consume for companies that could have avoided such issues with an early trademark registration. If the company has registered before the other user, the respective authorities would have opposed the same or confusingly same trademark of the other company. According from that, the company would have the rights higher when compared to the latecomer and will never have resistance with its development plans.
With the help of the best service provider of trademark registration and protection services in India, you can be assured that you will have all of its benefits and experience growth and development of your entity.
Benefits of Registering a Trademark
There are many benefits of registering a trademark. Some of them are:-
- Trademarks for your customer base to identify you: Trademarks differentiate your services and products from those of your competitors. This identifies you as the source and notifies a accurate level of quality of your services and products. Trademarks also improve brand awareness and goodwill among the customers.
- Trademarks help protect marketplace confusion: Trademarks protect confusion as to the origin of the goods and services.
- Trademarks are economically effective tools: Trademarks create a face value in the market among competitors. Furthermore, they give your business an identity and individuality over the brand name.
Types of Trademarks
Under the Trade Marks Act, 1999 the various types of trademarks that can be registered are:-
- Product Trademarks: They are trademarks combined to identity of the business’s products.
- Service Trademarks:They are used to know the services of the entity or organization or a company. For instance, the trademark for network and broadcasting service. They help an organization to advertise the service provided by them.
- Collective Trademarks:These trademarks are registered in the name of groups or organizations. They help people connect members with the group during commercial activities.
- Certification Trademarks:They are certifying trademarks which help people to judge the quality, material used, source and other specific characters of goods and services.
Registration process of Trademarks
The registration process in India is a file basis. Therefore, it is necessary to apply for registration as soon as possible. A trademark generally takes 2-3 years to get registered, if the trademark is not being opposed by a third party. Trademark applications are controlled by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications i.e., Intellectual Property. For register a trademark in India the following steps must be followed:-
- Select a trademark agent in India: Proprietors are only permitted to file a trademark application if their principal location of business is in India. In such cases, the right holder must file a trademark application through an registered trademark agent or attorney. The agent or attorney usually takes care of the insignificance such as searching, preparing, filing and process of the trademark application.
- Eligibility and availability of the trademark: The agent usually starts the registration process by assuring whether the trademark is eligible for registration and conducting a clear search to see if there is a similar mark in the office of the controller general through public search. If any trademark similar to that, the agent advised proprietor to change the name.
- Application form and filing:If the trademark agent has the power of attorney from the right holder he can complete and file the application form. The form will need details and benefits such as name and address of the proprietor, a description of the goods and services combined with the mark, whether the mark is already in use and a copy of the mark.
- Review by the trademark office:The trademark office reviews the application to see if it is complete and then provides the application a number. If the trademark is registered, the given number becomes the registration number.
- Preliminary approval , publication , show cause hearing or rejection of the application:The trademark association finds if the application is secured from registration either on absolute or relative grounds for refusal as provided in the Trade Marks Act, 1999. After this, they issue and provide to the proprietor an examination report within one month. According to the examination report the registrar of the trademark finds whether the application must be accepted, rejected or set up for ‘show cause ‘ During a ‘show cause hearing’ subject to the facts an application might be rejected, accepted or accepted with certain conditions. If the application is rejected, the applicant can precede the application at the Intellectual Property Appellate.
- Registration:Within the period of three months publication in the Trademarks Journal, if not opposed by a other third party, the trademark will move for registration process and the trademark authority will ready to provide a registration certificate.
Relationship between the Trademark Law and International Agreements
Related Regulations and Their Objectives Article 77 of the Trademark Law states the following: “in the case that there are provisions that conflict with treaty provisions, the treaty provisions take precedence.”13 The Japanese Constitution also states, “It is necessary that agreements and other international laws be observed (Art. 98, Sec. 2)” and declares the preference of international law over domestic laws. There are two viewpoints, however, on the effectiveness of international agreements as applied domestically. One viewpoint asserts that international agreements go into force directly after signing; the other viewpoint argues that international agreements can only be implemented through domestic laws. There are also two separate views on the relationship between international agreements and domestic national laws. This above discussion does not appear in trademark law because of the provisions in article 77 of the Trademark Law (the Patent Law, art. 26). The fact that the Trademark Law states that international agreements take priority over domestic laws clearly defines their relationship.
Contents of agreements
The Paris Convention, for example, was the first kind of agreement to impose only the duty to enforce a domestic law on member states, making the enforcement of the agreement dependent on the enforcement of the domestic law. In order for the direct application benefits of an agreement to take place, an agreement must be clear and complete. A member state will have an international duty to implement the regulations in such a case. According to article 77 of the Trademark Act, the Trademark Law here is applying article 26 of the Patent Law, that duty is not imposed on the citizens of member states. The following are examples of provisions that member states do not have a duty to apply directly: the well-known marks in the Paris Convention, national emblems of member states, service marks, protection of collective trademarks, control over the affixation of trade names illegally, and the grant of a temporary protection on international expo exhibits. However, there are treaty provisions which may be incorporated directly into domestic law. In such scenarios, if the trademark law of the member state conflicts with the provision in the agreement, or if the trademark law of the member state is insufficient, the provisions in the agreement prevail, and they alter the trademark law accordingly. Article 77 illustrates this point clearly. In reality, however, when the agreement and the member state’s trademark law conflict, the trademark law is amended, and thus the application is rare. Another kind of agreement allows a member state to honor trademarks registered in other member states. Examples from the Paris Convention include the following, which provides an applicant the priority right for a specific time period for filing in nonmember states subsequent to initial filing, which sets forth the principle of the independence of the trademark right , which states that the trademarks registered in a member state should also be registered and protected in other member states. This second kind of agreement practically acts as domestic law and takes benefits and precedence over the domestic trademark law. Further, the interpretations of the member states’ domestic trademark laws are to be conducted so as not to conflict with the Paris Convention.
Comparison of trademark treaties among multiple countries As we have seen, there is a close relationship between international treaties and the Japanese Trademark Law, more so than in other areas of law, other than industrial property right laws. However, the relationship is not close enough to call it a unified trademark treaty, in which other countries would apply Japan’s trademark laws. In the European Trademark Law, the actual body of law in each geographic area is formed by the actual international law as to trademarks registered there under. Under the European Trademark Law, the rights acquired by the trademark registration of the international treaty coexist with the domestic trademark rights, which were previously obtained under the member-state law. Therefore, the treaty is not a completely unified trademark law. On the other hand, the Trademark Registration Treaty (TRT) does not grant an independent trademark right. The TRT benefits the trademark registration process and is a treaty that the member states merely join for cooperation. The attained trademark right is still under the auspices of each member state and is independent from the trademark rights of other member states.
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