Trademark

In the dynamic landscape of business and branding, trademarks serve as essential assets that distinguish products and services while safeguarding intellectual property rights. Hence, it is important to employ trademark protection strategies, and enforcement mechanisms that underpin effective brand management.

What is Trademark:Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. A trademark is more than just a symbol; it's a representation of a brand's identity. It can take the form of a word, phrase, logo, symbol, or a combination thereof. Trademarks serve as valuable tools for establishing brand recognition and consumer trust in a crowded marketplace.

Trademark Registration Process:Securing a trademark involves a meticulous process that begins with a comprehensive trademark search. This search aims to ensure the proposed trademark is unique and doesn't infringe upon existing marks. Once cleared, the trademark application is submitted to the appropriate authorities, such as the Indian Patent and Trademark Office or the World Intellectual Property Organization (WIPO).

Trademark Classes:Trademark classes categorize goods and services into specific groups, aiding in the accurate registration and protection of trademarks. Understanding the classification system is crucial as it determines the scope of protection your trademark will receive.

Criteria for Registration:Distinctive, Non-Descriptive, Non-Functional, Not Deceptive and Capable of being Graphically Represented

Trademark Renewal and Maintenance:Trademark protection isn't indefinite and subjected to renewal. Regular trademark renewal is required to maintain your exclusive rights. Failing to renew within specified deadlines can result in the loss of trademark protection, potentially exposing your brand to misuse

Rights:Prevent unauthorized use of the mark and counterfeiting

Selecting a Mark

Avoiding likelihood of confusion-A likelihood of confusion exists when the marks of the parties are similar (looks alike, sounds alike, similar meaning or creates similar overall commercial impression) or the parties have related goods and services in such a way that the consumers are likely to believe that it comes from the same source.

Create a strong mark

A strong mark fulfils two main objects, stops unauthorized third-party use and is easier to protect.

Strong Mark

Fanciful and arbitrary marks -they are inherently distinctive as they are created or inventive that does not have any dictionary or other known meaning, therefore, less likely that they are being used by third party like Nike or Adidas for shoes.

Weak Mark

Generic words/ terms -these are common everyday names for goods and services e.g. CARS for automobiles

Descriptive words/terms -directly describe the features or quality of the goods or services or provide the information but do not identify or distinguish the goods or the services e.g. CREAMY for milk

Suggestive marks -suggest qualities or characteristics of the goods and the services without describing e.g. GLANCE A DAY for calendars.

Safeguarding Brand and Trademark Protection Strategies:Trademark protection extends beyond registration. Employing effective strategies, such as monitoring for potential infringements and enforcing your rights, ensures that your brand's integrity and value remain intact. Trademark monitoring help identify unauthorized usage, and enabling immediate action.

International Trademark Protection:In a globalized market, international trademark protection is vital. The Madrid System, facilitated by WIPO, simplifies the process of obtaining trademark protection in multiple countries. Conducting thorough research on local trademark laws before entering new markets is crucial to effective international brand management.

Procedure

• Filing the application
• Examination :The examination report is received within 40-45 days.
• If there are no objections : the trademark application is accepted and published, and now open for any third party to raise an objection/opposition for 4 months.
• If there is objection by examiner :the applicant is given 30 days time to defend the mark, the examiner if convinced shall accept the mark and shall follow step iii, and if not convinced shall call for hearing.
• Registration : If no objection is raised in 4 months after acceptance from examiner, the mark is registered and a certificate is provided.
• If the examiner is not convinced :by the defence of the applicant the mark is refused.

Fees and cost of Trademark filing in India.

	Individual/Start-up fees/ Small entity under MSME (INR)	Other Entity (INR)
Filing of application	4500	9000
Renewal of registered mark	9000	9000