PROTECT YOUR BRAND NAME……!!!!
INTRODUCTION:
“EVERY BUSINESS IS IDENTIFIED BY ITS NAME”
In this age of modern times, products/ services are identified only by the unique name which the product has. Everyday a new brand is taking a birth and it is very difficult for us to remember every brand which we use in our life. And there are many alternative products that are coming in our lives every now and then and every product that we use has alternatives with catchy brand names and with very much price competitiveness.
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors;..”. Essentially it is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
Applicable Act:
Trade Marks Act, 1999 and applicable Rules.
Technicalities:
The government of India has indentified various businesses and classified into 45 Classes for better understanding and smooth flow of registration process. Class 01 to 34 are goods related classes and 35 to 45 are services related classes. An applicant who wishes to apply can apply online thru IP website after making the payment of the prescribed fees.
Fee Structure:
There is small twist in the tail with regard to the fee structure. The government will waive off 50% of the actual fees in case if the business entity has MSME certificate.
The following is the fee structure: (without MSME certificate)
|
Sl.No |
Business structure |
Physical filing |
e-Filing* |
|
1 |
Where the applicant is an Individual / Startup/Small Enterprise |
5,000.00 |
4,500.00 |
|
2 |
In all other cases |
10,000.00 |
9,000.00 |
* Fees for each class.
Any kind of business entity can get registered even an Individual can get registration in his name.
Need for Registration:
|
Legal Protection: Ø Legal owner of the registered trademark Ø Anyone else except you cannot use it |
Unique Identity: Ø Establishing unique identity Ø Exclusive rights to use |
|
Creation of Asset: Ø An Intellectual Property Ø An asset of the owner Ø Can easily sell franchise or allow it on the contract basis |
Trust or Goodwill: Ø Brings uniqueness to your product Ø Can create a sense of trust & quality in the minds of customer |
|
Popularize your brand: Ø Easily searchable. Ø It helps you to get popular among people. |
Global Trademark Registration: Ø Foreigners and Foreign entities can also register in India. Ø Registered mark in India can be registered globally. |
Trademark Registration Process:
The following picture depicts the process of Trademark registration along with the timelines:
Conclusion:
In order to protect your Brand/ Product name it is better suggestible to the entrepreneurs to get register their brand name before someone else steal their identity and protect their identity.
Written by:
P A Vishnu Kumar
Company Secretary in Practice
& Trademark Consultant
Vishnu Krishna & Associates
Special Invitee BDCC&I