“Every Trade Mark you Build adds to the financial value of your business, much more than your tangible assets” ―
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish its services or products from other same goods or services which are manufactured in different businesses.
Trademark Symbols and Their Usages
Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.
The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.
Benefits of Trademark Registration in India
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.
A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.
Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.
Documents required to Register a Trademark
- PAN Card and Address Proof of Applicant.
- Certificate of registration (other than an Individual applicant)
The logo must contain the Brand Name applied to register a Trademark
If a specific user date is to be claimed, the user affidavit is also required to be submitted
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided.
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee.
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature.