A brand name and symbol lose value when it is used by many and made generic. This is especially detrimental if the brand is your own and created from scratch. The best way to prevent this and keep your brand protected is by opting for a trademark registration.
The trademark registration, denoted by the ® symbol protects your brand image from infringement. To avail, all you have to do is apply with the Trademark Registrar, get the application number, and await Vienna Codification and Publication of the symbol/name.
Further, you can seek legal advisory services for any issues related to trademark registration.
Is Your Brand Eligible for Trademark Registration?
To be eligible, the unique identifier for your brand needs to be one of the following:
- A special symbol
- Unique name
- Design
- Combination of any of the above
To add, your symbol, name, or image needs to be:
- Distinct,
- Meant for Commercial Use,
- In Compliance with legal norms,
- Classified correctly, and
- Different from all pre-registered marks
Further, only one of the below entities can legally apply for trademark registration:
- An Individual
- An Indian Firm
- Sole Proprietorship
- Partnership Firm
- Limited Liability Partnerships
- A Foreign Company
- Trust or Society
What Makes Trademark Registration for Brands a Necessity
Trademark registrations awarded by a certain country are applicable only in the said country. However, applications for trademark registration made in India are protected under the Vienna Convention. Thus, while they do not offer protection overseas, they are still recognised as a claim and receive priority.
In addition to this, with Trademark Registration you get to enjoy the following benefits:
● Using the ® Symbol
Only those who hold the trademark registration can use the ® symbol. For unregistered images/symbols/names, the ™ symbol is used.
● Legal Recognition
Once an entity is awarded a trademark registration, it is legally recognised as their property. Thus, any issues related to trademark registration or the associated products can be pursued with the help of legal advisory services.
● Brand Recognition
Having an image to associate with a particular brand helps relate both in the minds of the consumers. Thus, this helps drive brand recognition.
● Right to Exclusive Use
Only the entity that holds the Trademark Registration legally holds the right to use it. Further, they can lease or license it to a third party who uses it with their permission.
● Protection Against Infringement
The ® symbol beside the image/name serves as a deterrent for others who wish to use the mark on their products without permission. In the event of any infringement, the entity that holds the registered trademark is free to seek legal advisory services and pursue legal action.
● Increasing the Market Value of the Asset
The ® symbol makes the name/image an asset that can be sold or licensed. Further, its use increases the value of the brand in the market.
● Priority in Domain Name Issues
If a domain name opens up similar to the name of a brand with a Registered Trademark, they gain priority over any other applicants for the same. Thus, in the event of multiple applicants for a domain name, the one who holds the trademark registration will get the domain name.
● Enhanced Credibility of the Brand and Products
Since the entity that holds the registration can seek recourse in the form of legal advisory services, it deters counterfeits. In turn, this enhances the credibility of the brand and its products, thus improving their market reputation.
● Business Expansion Across India and Overseas
By getting a registered trademark for your unique symbol or name, you can turn your business into a franchise and create a country-wide network. Further, due to recognition under the Vienna Convention, you can grow your business overseas as well.
● Preventing Unauthorized E-Commerce Use
If you intend to sell and promote your business online, it is important to have prior legal protection. Thus, with a trademark registration you can keep your products and brand safe from unauthorised sellers on e-commerce sites.
The above lays stress on the necessity of the trademark registration process. Further, having the trademark registration against your unique product or brand name/image allows you to seek legal remedy for any issues.
Ensuring Approval for the Trademark Registration Application
Adhering to the following will help maximise your chances of receiving the trademark registration:
- Be sure to meet every eligibility criteria.
- Check the list of existing trademarks.
- Classify the product correctly.
- Provide proof of use for a symbol that is currently in use but not registered.
- Provide intent of use for a new name or symbol
- Be sure not to use words of common English.
- Apply with correct and accurate details.
Wrapping Up: Protecting Your Brand with Trademark Registration
The symbol and name associated with a Brand is the cornerstone of its image. It is also what people think when they come across an idea or product similar to the brand.
Thus, for every brand, whether large or up-and-coming, it is important to protect the brand image and identity. With the trademark registration process, this becomes achievable. Further, for a simpler application process and to address any issues that may come up, it is advised to seek legal advisory services.
Since the trademark registration process uses a first-to-file system and takes up to 3 years, the best course is to apply early, as soon as you conceptualize.
