Overview of Trademark Certificate
A trademark certificate is a formal issued legal document which applicants get after successful trademark registration. By registering the intellectual property for a trademark helps to get exclusive legal right to its original owner for using a brand name or logo or symbol or slogan or tagline that uniquely identifies your businesses. By using online register trademark applicants can easily file their application and secure your brand identity and also protect from misuse.
A brand that is registered through trademark registration legally will build trust as well as increase business value. It is applicable for a startup or small business or established organization, trademark registration helps them for long-term growth and brand recognition.
What is a Trademark Certificate?
A trademark certificate is a legal document that is a proof that your trademark is officially registered under the trademark law i.e., Trade Marks Act, 1999. It grants the exclusive rights to its owner to use registered marks for products or services.
Different Types of Trademarks
Trademarks have various categories, businesses can apply for a trademark that is suitable as per their requirements. Most important and common trademark are :
- Word mark
- Logo mark
- Service mark
- Tagline mark
- Shape mark
- Sound mark
Choosing the correct trademark class is important to get legal protection as well as business growth.
Process of Trademark Registration
To final registration of your intellectual property as registered trademark has several process steps that need to follow step-by step:
Start Trademark Search
Before filing a trademark application, you need to do trademark search. For a successful TM registration, it is important to identify the similar or existing registered trademark in the database of the trademark registry office.
By doing trademark search you can reduce the chances of objections or rejection during the examination phase of trademark registration.
Filling an Trademark Application
When you complete the trademark search, the applicant can easily submit the trademark application using an online process. You need to mention some of the important details related to your intellectual property that are going to register and some details of applicant that are follows:
- Name and address of applicant
- Business information
- Logo/wordmark of brand
- Class of trademark
- Additional supporting documentation
After the successful submission of the trademark application, an application number will be generated that can be used for tracking trademark status online.
Examination of Trademark Application
At this stage the trademark registrar reviews the TM application to ensure that it follows the trademark laws guidelines and legal compliance. If they find any issue, the trademark office will issue an objection notice.
In response to trademark objections , applicants need to reply in the proper way within the specified time period, usually 30 days.
Publication of Trademark Journal
Once it is approved by the examiner, the trademark will be published in the trademark journal. During the publication period of 4 months, third parties can oppose the TM registration if they believe the mark has some similarity or any conflicts with their existing rights.
If no opposition is filed during the opposition period, the application moves forward for approval.
Issuance of Trademark Registration Certificate
Once all processes have successfully completed, the trademark authority finally issues the trademark certificate. After that, the owner receives exclusive legal rights to use the trademark for commercial purposes.
Cost of Trademark Registration
Cost of trademark registration may vary depending on the type of applicant and their method of filing.
Trademark Fees of Government
Government fees of trademark filing are follows:
- Individuals or Startups or Small Enterprises : 4500 Rs per class (online)
- Others (Private Companies or LLPs or Firms) : 9000 Rs per class (online)
Note: If you have Udyam Registration or Startup Certificate then you will get a 50 % discount on government fees.
Online register trademark process is easy and cost effective as compared to offline methods.
Professional Charges of Trademark Consultants
For easy and fast process of trademark filing, the businesses hire the IPR Consultancy India for professional support. Professional support helps businesses to file error-free filing and improves the chances of approval.
Professional fees may depend on some major point that are:
- Complexity of trademark
- Number of classes
- Legal Documentation
- Handling the objection
Additional Trademark Costs
Additional charges also applicable in following cases:
- For Trademark Objection Reply
- For Proceedings of Opposition
- For Renewal of Trademark
- For getting support for International Trademark Registration
- Modification of Brand Logo
As per your requirement, choose the trademark registration budget..
Validity of Trademark Certificate
Trademark registration is a long-term legal protection for businesses.
Validity of Trademark Registration in India
A registered trademark is usually valid for 10 years from the application date. During this period, you are the sole owner of that trademark that you can use, sell it or license it.
Trademark Renewal Process
Trademark renewal must be completed before the expiry date of the trademark to maintain the active protection continuously. Trademark renewal can be done every 10 years by paying the renewal fee.
If you failed to renew before the expiry date, it may result in trademark cancellation or trademark removal.
Advantages of Trademark Registration
Exclusive Rights : Get exclusive legal rights of the registered trademark in India so that only you can use your brand name or logo or slogan for similar products or services.
Ownership Proof : Registered trademark owner gets an official certificate that proves that you are the legal owner.
Prevent Copying: After registration, you can take legal action against those who try to copy or misuse your brand with similar names.
The ® Symbol: You also get the right to use the ® symbol (that indicates the trademark is registered), which helps others to recognize it is legally protected as well increase business value.
Valuable Digital Asset: A trademark is also property like a car. You can easily sell it or license it or even use it as an asset show to get a bank loan.
Get Nationwide Protection: It also protects your brand across the entire country i.e., in India.
E-commerce & SSM Platform: Most of the big platforms such as Amazon will also help you to remove someone using the “copying” business listings if you have a registered trademark.
Long-term protection: Once you get a registration certificate, you can use it forever as long as you renew it every 10 years.
Common Reasons for Trademark Rejection
Most common reasons of rejection of your trademark application are:
Similarity with Existing Trademark
If a trademark has similarity with the existing trademark then the application may be rejected to avoid customer confusion.
Use of Common or Descriptive Terms
Business names that are generic or descriptive words often rejected by trademark authority due to no uniqueness.
Incorrect Documents
If there are errors in TM application forms or missing documents or wrong selection of trademark class can also be the reason for rejection.
Conclusion
For brand identity, their reputation and legal rights, a trademark certificate plays the important role. Starting from to start trademark search, filing TM application, examination,publication and final issuance of trademark registration certificate, each and every step plays an important role that needs to be carefully followed.
By registering a trademark, businesses gain legal security, build trust and get long-term advantages to compete with market competitors. By knowing about trademark registration costs, its validity and renewal process, companies can easily protect their brand identity and make valuable presence in the marketplace.