A trademark, is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non claiming right system.
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.
A trademark is a sign, mark, design that distinguishes one company’s product and services from others, thus it is a valuable marketing tool. A trademark helps a company create brand awareness and value among the targeted customers. Thus, it is an asset which is required to be protected from being copied by competitors.
The trademark is symbolized by ‘TM’, ‘SM’ and ®. The ‘TM’is used for Trademark, ‘SM’ for Service mark and the ® symbol is used if the registration certificate has been issued.
If you are also willing to get your brand name or other registered under the Indian Trademark Act, so take into account that the entire process is tedious and demands complex paperwork. If any detail is missed out, it may delay the processing time of the application. So, it is recommended to seek professional assistance to get through the registration process successfully. Here, you can approach trademark consultants.
A trademark consultant is a person, who has in-depth knowledge about the trademark registration process under the Indian Trademark Act. He/she assists you with formalities involved at each stage, right from the trademark search, trade classification, filling up the right application and till the final registration.
Join hands with a reliable trademark registration companion
The process of trademark registration begins with determining the class of the business. According to the Indian Trademark Act, there are more than 44 classes denoted to goods and services. Here, a consultant helps you determine the class your business falls under.
Then, at the second step, you have to conduct a comprehensive trademark search. At this stage, your consultant helps you find whether the name or the logo similar of yours has already registered. A consultant maintains database of registered and pending trademark applications in the Registrar offices across the nation. If the mark is already registered, then, he/she would help you modify it to ensure seamless navigation throughout the procedure.
Your consultant offering trademark registration serviceshelps you in making the trademark registration application. With the application, you are required to submit a couple of supporting documents that the consultant would help you compile.
Further, the Registrar checks whether the application is filled in accordance with the law and does not conflict with other existing or pending applications, if any objection arises, the consultant helps you overcome from it.
Then, if the application is considered allowable, you are issued a Letter of Acceptance (TLA order), and then the trademark is published in the Trademarks Journal. If the case is straightforward, and no oppositions arise within 4 months, then the trademark registration certificate will be issued. But, if any opposition arises then your consultant would be there to help you wade through all this legal formality.
So, do you still have questions? Or want to discuss your case with a trustworthy consultant?
If yes, then, Sterling Juris is the name to approach.
Sterling Juris is a boutique law firm, identified for offering top law consultancy in Delhi. The company has seasoned trademark registration consultants who ensure to make the registration process as simple as possible with their expertise.