A trademark registration is a visual image that can be a word, name, numbers, name, shading blend, and so on, which is utilized by organizations to recognize it’s services or items from other same goods or services which are produced in various organizations. Trademarks in India are record by the Regulator General of Licenses Plans and Trademarks, Ministry of Business and Industry, Legislature of India. Trademarks are enlisted under the Trademark Act, 1999 and enable the trademark proprietor to sue for misfortunes when encroachments of trademarks occur. Enlisted trademarks are licensed innovation for the business, they are utilize to protect the organization’s interest in the brand or image. It is obligatory for an organization to enlist its picked trademark as it will go about as a one of a kind image for the items and services you give.
Proposed trademarks that are something similar or indistinguishable from a current enrolled trademark can’t enlisted. Also, a trademark isn’t registrable in case it is hostile, general, inconsistent, not novel, incorporates explicitly ensured images, and so on
When the trademark registration in R image can applied and the registration will become legitimate for quite a long time. Enrolled trademarks approaching expiry can routinely re-established, by recording a trademark recharging application for a period of an additional 10 years.
Who can file a trademark?
Under the Trademarks Act, any person claiming to be the proprietor of a trademark or intends to use by him can apply for registration in writing to the Registrar. This has to do in the prescribed manner, for the registration of his trademark .
Thus, an application for registration can make by an individual, a company, a body of persons, partnership firm, PSU, government company etc.
Protecting your trademark rights
Registration of parts of a trademark
If you’re a proprietor with claims over an exclusive use on the trademark, then you can apply separately to the registrar for the registration of the trademark. This can even before the company has set up. After the company comes into operation, the company set up by the proprietors can begin using the separate marks together or independently.
Where a trademark or its parts has registration as separate trademarks but under the name of the same proprietor, they can have registration as trademarks. For using these associated trademarks the following conditions are necessary
- The goods which have exchange or trade must be by the same business
- The trademarks must-have registration in the name of the same proprietor
- The marks are either identical or there is a close resemblance of such a nature that a third person using it is likely to cause confusion.
How can a company apply for trademark registration in India?
- Details to mentioned in your application – A company can make an application for registration of a trademark in its own corporate name. The nature of registration, country of incorporation and the law under which the company has registration must mention in the application for the trademark. With the approval, the director can sign and submit the application
- Performing a company name trademark search in Hyderabad – Before finalizing a trademark name or logo, a simple similarity check can be done. This can help you prepare your trademark application better and avoid procedural delays.
- Specifying the correct classification of goods – The company should specify the goods and/or services for which registration is sell in terms appearing in the International Classification as publish by the Registrar on the Trade Marks website. An incorrect classification can lead to loss of time and additional correctional filings would required. Hence, this is a crucial step.
- Submitting supporting documents – This would include filing of coloured as well as black and white copies of your trademark. Additional documents such as Power of Attorney, proof of payment of application fees. Further, the functional details of the use of marks may required.
Why do people register the trademarks for natural persons?
1. They want to prevent from stealing of the brand.
Invention of a catchy name does not give you any rights. In most of the cases it is not covered by protection right. Protection on behalf of other provisions concerns designations used in economic turnover. If you want to be sure that nobody takes your catchy name, you should protect it as a trademark. Even if you do not conduct business activity.
2. Possibility to grant license for using of a trademark.
Another reason of trademark registration for natural person is a possibility to licensee of a trademark. If you are for example a famous musician, than you know that people willingly will buy from you posters, mugs or T-Shirts with your artistic nickname. By having a protected trademark you can grant protection to a company which will produce and sell the hereby accessories.
3. using of a trademark for tax optimization.
Filing of a trademark for natural person and licensee of it to partnership is a way for tax optimization. Such limited liability company can use trademark which is formally register for you. And pay you money every month.
4. Brand protection before bankruptcy of the company.
Protection of a trademark for natural person has one more advantage. Even if the partnership falls down, you still have the priceless asset of a trademark. Liquidator of the company’s property cannot confiscate a trademark, because it is not a company’s property.