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Trademark Registration Services for Indian and International Markets

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  • Post published:January 3, 2024
  • Post category:Trademark

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Last Updated on May 30, 2024 by Kanakkupillai

In the most consumer-focused market, international trademark registration, particularly in the United States, gives you better protection for your goods. The US and Indian trademark registration processes are comparable.

When it is looked at from the Indian market perspective, the protection of trademarks and the related infringement processes will take time to occur. At the same time, it is a bit quicker in the US Market.

Businesses must register trademarks to safeguard their intellectual property. By registering, you obtain exclusive legal rights to your mark, logo, name, and brand protection. Do a trademark search first, always, before registration. This guarantees that no other trademarks could be used in violation. You will select Trademark Classes for your application and submit it to the Trademark Office. The procedure can go more smoothly if you speak with a trademark attorney. You can use the Trademark Symbol after registering. Remember to adhere to Renewal deadlines to maintain your rights. The entire procedure fortifies your brand identity and deters imitation.

What Can Be Filed for Trademark Registration?

You can register a variety of goods as trademarks in India. These can be any distinctive sign, words, slogans, sounds, fragrances, colours, or brand names. These trademarks need to set your products or services apart from competing ones. This keeps your company’s identification intact and guards against abuse.

Why is Registering a Trademark Important?

In India, like any other country, it is vital that your trademark is registered. This way, it will help you safeguard your brand and keep your competitors away from using the same. Further, it also helps you increase your brand value. Along with this, you can also ensure legal ownership of the logo and your brand. Along with this, you will have the legal ownership of the same and also a guarantee for your consumer range about your credibility as a brand. This also promotes brand identification.

Classes of Trademarks

All products and services are divided into 45 trademark classes for classification. The classifications you choose for your trademark registration will decide whether it is still valid for your company’s goods and services, so you must choose them carefully. You must make sure that you can file for a trademark online under each of the relevant classes if your company offers a variety of goods and services that are classified under different headings.

In India, a few of the most common trademark classes are:

  • Class 9: comprising electronics and computer software
  • Class 25: comprising apparel,
  • Class 35: encompassing advertising and business management
  • Class 41: this comprises both amusement and education.

There may be more competition for a trademark if you are in one of these trademark classifications. That shouldn’t matter, though, as long as your mark is distinctive.

Objections to Trademarks

The trademark examiner may occasionally notice specific concerns or flaws with a trademark’s registration. These problems may include submitting an improper online trademark registration form, using an abusive or misleading word, entering an incorrect name or set of details, providing insufficient information about the goods or services, or having an identical or confusingly similar mark already in use.

When an objection is made, it will appear on the register with the status “Objected.” A professionally prepared answer must be submitted after the objection has been examined and any supporting documentation or evidence has been gathered. Your chance to establish urgency and support your claim above your mark is in the objection answer.

If the response is approved, the application will be handled further for brand registration and publication in the Trademark Journal. A notice will be sent to you informing you of any potential trademark hearing if it is not accepted or if the examiner requests further explanations.

Trademark Registration in Indian Market with Kanakkupillai

It may seem simple; however, the Indian trademark registration procedure is not so simple. Numerous procedures and follow-ups from the government are involved. Kanakkupillai has divided it into three sections and handled most of the work for you. Register a trademark right away to safeguard your business’s brand, tagline, and logo.

  1. Do a trademark search and check whether the particular logo/mark is available or not.
  2. Selection of class and the collection of applicable documents
  3. Filing of the trademark application
  4. Objection or opposition to trademark

The Madrid Protocol

The Madrid Protocol regulates international trademark registration. The Madrid Protocol about the Madrid Agreement was adopted in Madrid on June 27, 1989, while the Madrid Agreement itself was adopted on April 14, 1891, regarding international trademark registration.

Following India’s accession to the Madrid Protocol, the Trademarks Act 1999 was modified to conform to the Madrid system. The Trademarks (Amendment) Act, 2010, was approved on September 21, 2010, and India began offering worldwide trademark registration under the Madrid Protocol.

In the nations that make up the Madrid Union, trademark registration is permitted by the Madrid Protocol. 128 nations are represented by the 112 members of the Madrid Union.

The trademark owner can achieve international trademark registration under the Madrid Protocol by submitting a single application to the national trademark office or the office of origin.

The Registrar of Trademark Office is the office of origin for filing an international trademark application under the Madrid Protocol when the firm is registered in India. The trademark registration application will be processed by the office of origin and filed with the Intellectual Property Organisation in Geneva.

International Trademark Registration Benefits

  • Legal defence: Legal protection against international trademark infringement is provided by international trademark registration. In the foreign nation where it is registered, a registered trademark is protected from unauthorised use by third parties. Once a trademark is registered, proving ownership in court becomes much easier.
  • Distinct Identity: A product can get a worldwide reputation by registering an international trademark. Ensuring that the owners of trademarks have the exclusive right to one of their most valuable assets, international trademark registration aids in the battle against infringement.
  • Prospective business opportunity: A company’s trademark is an intangible asset crucial to its brand’s expansion. A well-performing trademark gives the company the chance to make money. When a trademark is registered worldwide, the owner of the trademark may also grant a licence to a foreign business. Thus, the success of the brand or product is made possible by worldwide trademark registration. Companies such as Nike or McDonald’s have benefited from royalties through licencing agreements due to registering an international trademark.
  • Safeguards a trademark while importing or exporting: Third parties shield The branded goods from any trademark infringement in other countries thanks to international trademark registration. As a trademark gains popularity abroad, it is more likely to be imitated or fraudulently exploited by third parties to get business. The international trademark registration provides the right to pursue legal action against such infringement and safeguard the trademark connected to a good or service if any such infringement occurs during import or export.
  • Advantages to Internet providers: The process of registering an international trademark is crucial to the expansion of an online retailer. A company that sells things online allows the product to be accessible to customers worldwide. Once the product is well-known on the international scene, it is simple for the trademark to become well-liked by a large number of customers. For such items, it is preferable to register an international trademark to prevent misunderstanding among consumers.

Conclusion

Trademark registrations are always important for a business. Startups can register their trademarks to safeguard their brand. By registering the company name as a trademark, one may set their products and services apart from rivals and get intellectual property rights. 

A startup that has registered its trademark is seen as a brand, and individuals are more inclined to work for a firm with a solid reputation and goodwill. This is particularly true in the current environment when young people and professionals with ability and aptitude want to be connected with well-known companies and start-ups that offer unique services and goods. A trademark has to be renewed regularly and is eternal. The trademark draws attention to the necessity of conducting thorough research to ensure that the regulatory agency does not reject a startup’s application. Therefore, it is wise to choose a respectable, well-known intellectual property service provider to help you with trademark applications for your company.

The exclusive right to distinguish the products and services from similar or replacement goods and services provided by other businesses is conferred upon the owner upon trademark registration. Trademarks serve as the owner’s intangible assets, giving their brand long-term protection. A trademark owner has the only right to use certain phrases, symbols, and slogans. In a market like India, safety and brand protection are essential. Consequently, trademark registration is no longer only an optional process but an essential business component.

Reema

Welcome to www.kanakkupillai.com! Greetings, I'm Reema, a Legal Conflicts Analyst with a fervent commitment to resolving legal disputes and ensuring a fair and just resolution for all parties involved. My extensive experience in analyzing and mediating legal conflicts, coupled with a deep understanding of the nuances of various legal domains, positions me as your reliable guide in navigating the complexities of legal disputes. I firmly believe in promoting diversity and inclusivity within the realm of legal conflicts, ensuring that all individuals, regardless of their backgrounds, have access to impartial and equitable conflict resolution. I am privileged to be a part of your journey towards achieving resolution and clarity through this blog. Here, I will provide valuable insights and strategies tailored to help you navigate legal challenges effectively. Thank you for entrusting me with the opportunity to assist you on your path to resolution and legal peace. For more information and resources, please visit www.kanakkupillai.com.