Trademark Registration In 10 Day

Why trademark?

Trademark is another way of referring the brands. It is very important for the business people to have an understanding of why trademarks are consider as the biggest asset and that would help grow your business. Here are the reasons are listed below why we need trademark for our brand:

Trademark is an effective communication tool:

In the crowded marketplace, it is very hard to distinguish your business from your competitors. Trademarks or brands acts as an effective communication tool which captures the customer attention and makes your business stand out.

Special rights:

The trademark owner can enjoy exclusive rights for the product, they can use the symbol along with each product. The owner receives the nation ownership of the mark or the logo. It reduces the chances of another party claiming that your trademark infringes upon their trademark. Once a trademark got registered, it is like an official notice that it should not be used by another company.

Utilising the social media:

Your brand or mark is the first thing when customers enter into the social media platforms or search engine while looking for the products or services. When you get a higher traffic on a website or social media platform that obviously turns into higher rankings, and thus gives you more customers and brand recognition.

Trademarks are a valuable asset:

When your business reputation grows, the brand value also increases. Trademarks provide the value beyond your core business. It can lead the way for expansion from one industry to another. Based on the desire, your trademark can lead to the acquisition of your business by a larger corporation.

Trademarks are a property asset which is similar to real estate that can be bought, sold, licensed or used as a security interest to secure a loan in order to grow your business.

Identity to product’s quality:

It provides the identity to the value of the product or service. Product’s quality or service can be connected with the brand name and it shows a clear picture in the market about the nature of a brand which helps to draw new clients as they can distinguish the quality of product or service by its logo.

Protection against infringement:

The registered logo cannot be utilized by any individual or competitor. If anyone uses the trademark without the approval from the owner or make any misleading utilization, the owner of the trademark can take the action against the individual and stop him doing as such.

What can be a trademark?

The trademark registration process is very easier and a convenient one in India. So,you can trademark any one of the below things or a combination of the following:

• Device, brand, label
• Heading, title, signature
• Word, numeral, shape of goods
• Packaging, combination of colours etc.

Types of trademarks:

Trademark offers the legal protection for a symbol, word, phrase, logo, design or combination of these which represents a source of goods or services. There are five main categories of trademarks, they are as follows:

Generic Mark:

It doesn’t qualify for a trademark unless it provides a specific detail. For instance, the phrase “coffee shop” offers the trademark protection on something but this generic restricts all other shops to sell coffee.

In order to qualify for a generic trademark, it’s indeed to describe the characteristics, qualities or ingredients of the goods that your business sells.

Suggestive mark:

It represents something about the goods or services. A mark in the suggestive category qualifies for protection which doesn’t require a secondary meaning. The term suggestive means that the customer can use their imagination to describe the goods or services that the company offers.For example: “Dry-foot” (antiperspirant for feet).

Descriptive mark:

This mark identifies one or more characteristics of a service or product that is specially to describe the product. It should have the secondary meaning such as its manner and amount of advertising, length and manner of the mark’s use, volume of sales or results of consumer surveys which makes it unique and that qualifies for protection as per under trademark laws.

Arbitrary mark:

This mark includes a term or phrase with a well-known meaning, but its meaning is different. For instance, “Apple”, the computer and the electronic manufacturer, in this case, although apple is a familiar term, it doesn’t have anything to do with the general meaning of the word.

Fanciful mark:

This mark is a name or logo which is different from those exists. It is an easiest form of obtaining the trademark protection since it doesn’t compete with anything else. Example of fanciful marks are Adidas, nike etc. These words don’t have any meaning in general language. So, it won’t have any problems on infringing the rights of other companies that offer similar products.

Service mark:

It is same like trademark but it distinguishes the company that provides services instead of products. A service mark falls under the legal trademark laws and that must be registered with the USPTO. For example: “Mc.Donald’s”, it is a mark used to represent the services they provide.

Documents required for trademark registration:

• Details of logo, brand name, symbol or slogan for which trademark registration is required.
• Identity proof and address proof of the individual/proprietor.
• An authorisation form named TM-48.
• Date of first use of the trademark.
• Incorporation certification/Partnership deed (if applicable).

Trademark registration process:

Step1: Trademark search:

At Biztone Business solutions, we check the trademark availability to ensure that the desired name or design has not already been taken or if it is too similar to the existing trademark. This step is the most important in the registration process and it is done by biztone exclusively. This check helps to reduce the chances of objection which is being raised in the future.

Step2: Filing of Trademark application

After choosing the desired name or design which is available, we will send you the authorization letter which has to be duly signed by you and we file the trademark application.

Step3: Submission of trademark application:

Once we got the authorization letter and the information which you are provided is correct, our trademark attorney will file the trademark and you can immediately start using the TM symbol and you will be given TM application number. A trademark can be filed only via trademark agent or a lawyer.

Step4: Trademark registration certificate:

After the trademark application got completed, that application will be verified by the trademark office. If any similarities found in the same trademark class, or the name is obscene or hurts the religious sentiments, the government will raise an objection.

If no objection has been raised, the trademark registrar will immediately publish the advertisement in the trademark journal. Within the stipulated period of 4 months, if no opposition is filed by any party, then the trademark will be registered within 6 months. The constant updates and the status regarding the registration process will be intimated by us. After all the process got done, the trademark registrar will issue a trademark certificate.

Trademark objection:

If a trademark application is objected by the examiner, a reply file has been submitted by the applicant with the relevant facts and points to register a mark. Based on the submission of reply, the examiner will call for hearing or allow the trademark filing to proceed or reject the trademark application.

Trademark opposition:

Before registering the trademark application, the trademark registrar publishes the particular mark in the journal and provides a period of 90 days. In that time, any person can raise an opposition. We, Biztone would help you to manage the opposition of trademark and move your trademark to the registration process.

Trademark renewal:

Trademark renewal request had to be filed within six months before the expiry of the registration. The registrar will send a reminder notice to a registered trademark owner regarding the expiration of a mark and the payment of the fees before the expiration of the last registered mark.

In case, you miss the deadline for the renewal request, it should be filed within six months after the expiration or the renewal as the case may be in the prescribed manner along with the late filing fee.

The renewal process can be done in two ways. One is, you can apply renewal in order to change the sign or words in the already existing trademark or you can apply for renewal without any change.