Overview of Wordmark Registration in India
It’s far a category of trademark registration in India. In Wordmark registration, handiest the phrases and letters may be trademarked. This genuinely means that you could register the logo name on your logo. In wordmark registration, the font and fashion of the word are not emphasized; rather, you need to select a completely unique call in your organisation and get it trademarked. As soon because the trademark owner gets the trademark registration, he gets the extraordinary rights of the use of it, and no other can use the equal trademark.
Trademark registration does the paintings of saving the organisation from any prison issues and allows a corporation to get a unique image. It protects the enterprise’s goodwill, items, and offerings. The Trademark Act, 1999, governs the trademark registration technique.
Types of Trademarks
There are various varieties of emblems that can be registered in India. Here’s a listing:
• Words mark or carrier marks
Phrases mark is commonly the emblem call of the company that someone uses to pick out his agency together with the products and services provided by the organization. on the contrary, a provider mark is a mark that carrier organizations use to pick out the offerings that a organization gives.
• Product mark
Any product organization can use this product mark. This mark is implemented to the goods or merchandise presented by the agency. furthermore, there are 45 trademark lessons, and 1-34 classes of trademarks constitute the goods class. Therefore, product mark is filed below 1-34 trademark lessons primarily based at the product category. It distinguishes one product from another.
• Logo
A emblem or image is a broadcast layout that denotes the purpose or imaginative and prescient of the employer. It is the determine that especially talks approximately the company’s call, provider, or product.
• Collective marks
Collective marks are the marks or signs and symptoms that distinguish a enterprise from other groups. It creates an identification of the business enterprise this is precise from other businesses and makes it clean for humans to recognise it.
• Certification marks
Certification marks are the marks that are used to define the first-rate or widespread of the product or offerings supplied by way of a business enterprise as a way to offer warranty to the customers approximately the best standards of the employer.
Advantages of Wordmark Registration in India
Wordmark registration has a lot of blessings, and some major advantages are listed underneath:
• Safety of highbrow belongings
Trademark registration offers safety for the highbrow property of the corporation. As soon as a employer registers an indicator, no different man or woman uses the identical mark. The owner of the trademark has all the rights to sue a person who uses their registered trademark in a courtroom of law. Moreover, the registered trademark serves as the awareness of statistics to the majority that this mark has been registered and no other man or woman can use it with out the owner’s prior permission.
• Public illustration of the emblem
The proprietor of the trademark has the right to symbolize his brand in the front of the public on any national platform. Moreover, as soon as the trademark is registered, the trademark authority does now not allow every other character to report a comparable trademark.
• Legal treatments
The trademark owner can restrict others from the use of the equal mark, and if someone does so, he can sue the offender and recover as much as triple damages. The proprietor is the handiest person who has specific rights over the trademark.
• Bendy
Wordmark is flexible, and the phrases or letters can be represented in any font or style, and there’s no restriction to that. However the owner have to pay right attention to the spelling, as as soon as the software is filed, the trademark might be registered handiest for the word that has been referred to in the utility.
Eligibility for Wordmark Registration in India
As understood, a wordmark is a category of trademark, and the manner of registration of a wordmark is similar to that of a trademark, but the requirements for wordmark registration are extraordinary relying upon the entity. Let us study them one by one:
• An character
A person also can obtain the wordmark registration although he does no longer owe any organisation. He can get the trademark registered for any future occasion.
• Partnership company
A firm can also achieve the wordmark registration, however the condition is that the names of all of the companions need to be mentioned within the trademark application, but the companions must no longer be extra than 10. Moreover, within the case of any minor accomplice, the call of his mother or father shall be cited.
• Joint proprietors
Joint corporation proprietors can document the trademark together, and the names of both proprietors have to be mentioned in the trademark software.
• Proprietorship company
A proprietorship firm can document a trademark application inside the call of the owner of the firm in preference to submitting it in the name of a proprietorship firm. If you include the proprietorship firm’s name to your utility, those info can be taken one after the other.
• Limited legal responsibility Partnership
In the case of LLP, the trademark utility is filed inside the call of LLP and not in the call of the partners. As the trademark belongs to the company, companions can not be the candidates, and they have a one of a kind identity break away the employer.
• Believe and Society
The trust and society also can check in the wordmark, and the trademark software might be filed within the call of the person who is representing the society. He can be the chairman, trustee, or secretary.
• Indian corporation
Any company, whether restricted through shares, assure or unlimited legal responsibility, is a separate prison entity; consequently, it could sign in the wordmark registered on its very own name. inside the case of a employer, the wordmark or every other form of a trademark will now not be registered within the call of the promoter or director.
• Overseas enterprise
Think a business enterprise registered in every other USA wants to get a wordmark registered in India. In that case, the wordmark will simplest be registered at the call of the company as registered in its country of origin. Furthermore, all the info, which include the agency’s call, nature, and united states of america of registration, will be noted in the software.
Documents Required for Wordmark Registration in India
• Pan Card
It’s miles a proof of identity issued to every citizen of India after finishing 18 years of age. It’s miles tested and signed via the authorized signatory authority.
• Aadhar Card
It is also an identification proof signed by way of an accepted signatory.
• Certificate of Incorporation
The incorporation certificate of a agency or LLP is needed for the trademark manner.
• Brand
A logo is a broadcast design or determine representing the corporation.
• Form TM-forty eight
It’s far a prison document through which your trademark legal professional submits your utility to the trademark registrar.
Procedure of Wordmark Registration in India
The process of wordmark registration is discussed beneath:
Step 1 – Trademark search
Selecting a unique name or logo in your logo is not enough. In comparison, there’s a want to conduct an indicator search for your preferred mark on the reliable website of the Controller trendy of Patents, Designs & trade Marks. There may be a search choice on this website wherein you could search for the mark which you have selected, and the quest will tell you all approximately the mark you have got selected, together with the legalities, if any.
Step 2 – Submitting Trademark application
When you are performed with the trademark search, and selected the call or brand that you desire to trademark. Now you may proceed in the direction of getting ready the trademark application. You have got an choice to either document the trademark application on-line or offline. In case you submit the utility online, you may be provided with an utility variety that you can use for destiny reference.
Step 3 – Exam of the utility
The trademark utility is then confirmed by the examiner, who assessments the trademark software and well verifies the documents. He has the option to either accept or reject the software after proper verification and examination.
If the examiner finds that the software and the submitted documents are correct, he’s going to approve the utility and put up it inside the trademark magazine.
In case the examiner has any objections to the software. Then the applicant is required to post the response to the objections in one month. After checking the reaction, if the examiner is glad, then he accepts the utility, and the mark is published inside the trademark journal.
If the examiner remains not glad, then he rejects the software, and the applicant may additionally get the chance to give his view on the time of the listening to. In case of a excellent reply from the applicant, the examiner approves his software, and the mark publishes inside the trademark journal. However, in case of a non-pleasant reaction, the software is rejected, and no similarly threat Is provided to the applicant.
Step 4 – Booklet and Advertisement of trademark
After right scrutiny of the utility by using the examiner, the mark is posted in the trademark journal for 4 months. In case there aren’t any objections, the applicant is automatically granted the certificate of registration. At the contrary, if there are objections to the application, then the applicant has to submit a right response inside 30 days, and if his response is first-rate, then he receives the certificates of registration.
Step 5 – Certificate of registration
As soon as the process of verification and objection is finished, the applicant is granted the certificates of registration by means of the registrar.
Step 6: Renewal of Wordmark
The certificates of registration is valid for a duration of ten years. After completion of the prescribed period, the applicant can renew the trademark via paying the authorities rate.
Conclusion
In India, the registration of a wordmark is an important step for anyone wanting to legally protect their brand and develop an exclusive legal right in its name. When someone registers a wordmark, he/she can be assured that no one may use either an identical or deceptively similar name in relation to their goods or services. The ability to safeguard all the goodwill the brand may develop, and the awareness that it can build in a market is extremely valuable over time.
As provided under the Trademark Act, 1999, not only do you get the legal protection for the trademark you have registered, there is also a commercial benefit – intrinsic positioning is valued to increase the reputation value, trust from customers, and the ability to take action against infringers.
This method of trademark protection is also flexible because you can use the registered word(s) or letter(s) in any form or usage, and the registered owner will always have the rights. The eligibility criteria states individuals, businesses, LLPs, partnerships, trusts and foreign companies can apply, which opens the acceptance pool to many applicants.
Moreover, the registration lasts for ten years, and the wordmark can be renewed indefinitely, making it a long term asset in the businesses intellectual property.
The existence of a brand Is an essential factor of being a business that is successful in the long term. Consequently, registering a wordmark, which ultimately protects the business’s brand identity in the modern world where the competition is intense, markets are crowded and businesses exist in the public domain is vital. Registering a wordmark is not just a box to tick or a document to file; it a very important component to ensuring the business’s future growth and sustainable value is secure, where it can thrive in the long term.
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