E-commerce, or online commercial transactions, is conducted through the Internet. Online merchants can choose whether or not to register their trademarks. However, dealers in electronic commerce should seek trademark registration to protect their intellectual property.
Should Online Stores and Businesses Get Licenced?
Suppose a person is running an e-commerce business as an internet seller. In that case, he has to become registered with such business as a Company, Limited Liability Partnership or Sole Proprietorship. Indulge in retailing in many forms, from doing business on the many online marketplaces to opening a web store. One must use a checking account in the company’s name while doing e-commerce operations. Online payment processing requires registration with the company. Because of this, the online shop can connect to the proper payment processor. A legitimately registered internet business can help earn customers’ confidence and keep operations running smoothly.
How does registering a trademark safeguard online business?
It needs to be noted that a trademark is given for the lifespan of the firm and its products. The company wants protection in case its items become commonplace.
The benefits of registering a trademark include:
- Notice of Infringement Powers: This is a warning to any competing firms operating in the online marketplace that use the same logo or phrase as its trademark.
- Possession of an ownership claim: The protection afforded by the presumption of ownership under the law deters unauthorised usage.
- Special Privilege: It establishes an exclusive licence to operate under the brand.
Trademarks in India are Recognised everywhere.
In India, running an online store is not against the law. Trademark registrations are recognised on a global scale. The text presented here originates with the Madrid Protocol.
The Madrid Protocol facilitates trademark submission and registration in over a hundred countries worldwide. As of 2013, India joined the World Organisation for Trademarks.
ipindia.gov.in, which is the Indian government’s portal for trademark registration. To apply for trademark registration, please use this online form. You can choose the jurisdictions in which your trademark will be valid by filing in those jurisdictions. The trademark is given if no objection is submitted within 18 months following the trademark application.
The Value of Trademark Registration for an Online Store
In India, where domestic demand is the only driver of expansion, the e-commerce industry has grown significantly over the past decade. Foreign and domestic local stores have never faced more challenges in the past 40 years. As internet use rises, more brands and products are shown online.
Trademark registration is recommended for online businesses for the following reasons:
- Affords security to the company itself: A business in the United States or India can take similar steps to prevent the infringement of its trademarks. It protects the use of a brand’s name or emblem.
- Assurance of Brand Worth: Businesses file trademarks mainly to keep others from copying or hurting their brand. The name is looked after both at home and abroad.
- Internet-Based Market Places: Marketplace vendors allow you to register your brand on sites like Walmart, Amazon, eBay, and Flipkart. Websites that cater to many vendors, such as Amazon’s Brand Registry. Online retailers engaging with brand registry vendors can access a wealth of additional marketing tools and data analytics resources.
As part of the trademark registration procedure, businesses can search all existing trademarks. This can help prevent looming, perhaps expensive, issues. That way, competitors can start misusing another company’s trademark right away. After ten years, the organisations may seek another term. The e-commerce sector has to develop a unique brand that may be conveyed visually to facilitate online trademark registration.
Find Information Regarding Patents and Trade Secrets
The trademark you select for your online store should stand out.
- Trademark Application Submission: Form TM-48 must be submitted with an attorney’s seal and signature. Your filing materials should include the Incorporation Certificate, copies of any trademarks or logos, and evidence of identity, residency, or citizenship. In addition to the stamp-paper copy of the Power of Attorney, you should also provide information about your product or service.
- Trademark research procedure: The Trademark Registry conducts a probe via its inspector. The trademark must meet the requirements outlined in the Trademark Act of 1999, which the registrar will check.
- Trademark Publication: Nearly ninety to one hundred and twenty days after publication, the registrar or administration checks to see whether any other group is challenging the trademark.
After the trademark has been registered and published in the journal, the officers will issue a Registration certificate.
The value of registering a trademark for online retailers
- Keeping your company secure: Registering a trademark in India protects a company’s brand, trademarks, and products, as well as its reputation.
- Aids in developing a company: Since competition is so high, trademark registration is essential for driving sales and attracting customers. With their instantly recognisable brand names and logos, internet merchants like Wal-Mart, eBay, and Amazon have become household brands worldwide.
- Helps keep the company’s reputation intact: Social networking lets internet retailers reach millions of prospective customers.
Thus, e-commerce businesses gain from trademark registration in India.
Classification of Trademarks for Online Storefronts
- Class 35: This category is for online businesses that deal with administrative, managerial, advertising, and support-oriented tasks.
- Class 45: This class is for businesses in the e-commerce sector that perform R&D, industrial analysis, software/hardware development, etc.
- Class 9: Businesses in the scientific sector, including signalling, the use of training and measurement equipment, medical testing, and the development of new life-saving technologies.
Can I use my trademark internationally if it was registered in India?
Trademarks that are filed in India do not have international protection. The Madrid Protocol is important here. Thanks to the Madrid Protocol, trademark applications may now be filed quickly, easily, and cheaply across a network of over a hundred nations. India has signed the Madrid Protocol for the Protection of Industrial Property since 2013.
The Indian Patent and Trademark Office accept Madrid Protocol filings.
Due to this accord, numerous domestic e-commerce firms may now secure trademark protection in various jurisdictions.
Conclusion
Online businesses wishing to succeed and thrive should register their brands for more than legal reasons. Investing in brand registration is a long-term strategy that will pay off in the form of loyal consumers and new leads. To protect your brand, trademark registration is required. This will assist your organisation in maintaining its reliability, competitiveness, and stability as the digital world changes. Protecting your business by registering a trademark is a smart idea in the dynamic world of Internet business.
FAQs
1. Why not flavour or colour?
You may trademark a hue or aroma if people associate it with your brand.
2. Can I use my trademark internationally after registering it in my country?
Having your brand registered in many countries increases its security. Regional trademark regimes simplify trademark registration in numerous countries.
3. How long does a trademark last?
Local law grants indefinite trademark protection if used consistently.
4. What function does the Madrid Protocol play in worldwide trademark protection?
Under the Madrid Protocol, you may register a trademark in many countries with one application. Trademark registration and maintenance are simpler in several nations.
5. Would my patented term lose its utility if it became commonplace?
If a trademark is used so often to define a class of products or services that its original meaning is lost, it may be generic. To avoid this, companies must protect their trademarks and educate customers.
6. Can we trademark a catchy but short-lived marketing slogan?
Temporary slogans and promotional terms must meet the same standards as permanent trademarks.
7. What if another firm has a similar trademark?
You can work together if neither company’s trademark confuses your audience.
8. Can I legally trademark my name/image?
Celebrities may protect themselves against fraudsters by trademarking their names and likenesses. This safeguards their privacy, image, voice, and other traits.
9. Can I challenge another trademark’s legality?
If you think a trademark application violates your rights, you can oppose it. This legal method can prevent brand infringement.
