Today, many people also buy fake products, because there are many fake companies that sell fake products and can’t distinguish between genuine and fake. Trademark law has been enforced to avoid looking for fake products from the same fake company.
What is a trademark?
A trademark is basically a “brand” or “logo” used to distinguish a product from its competitors. A word, name, symbol, or device may be a trademark and is used to distinguish the business identity and the goods of goods manufactured or sold by others from the manufacturer or seller, and to indicate the origin of the goods. Is a trademark. To finish. That is, the trademark is a brand name.
For example, buy a cell phone from the market and look up a trademark to find out who made the cell phone. To know the manufacturer of the company.
Registered trademark rules
The new rules for registered trademarks were created based on the effects that came into effect on March 6, 2017. This process has been created in a short time by simplifying the entire trademark registration process and eliminating the hassle of this process..
Mutual relationship between copyright, trademark and patent
Keep in mind that as you climb the stairs of an entrepreneur, the ideas that come to your mind will come to someone else’s head. But the idea is to get it officially registered. This process of submitting an idea is called a patent. The patenting of ideas then makes money in your pocket. If a person or organization obtains a patent and copies your patent, it is legally invalid to act on the person or organization that copied your patent. The patentee may also sell his patent to another person or group. The maximum patent limit for a product or item is 20 years.
Copyrights, Patent are just a type of intellectual property and are different from trademarks.
Prevents brand names, motos, logos, and other source IDs from being used by others for your purposes. Copyright is also different from patent law. Patents protect your invention.
Patent is a patented idea to acquire rights. Therefore, if someone else or organization copies your patent without copying your idea, that idea is considered invalid. to go. If that person or organization copies your patent, you can act on it.
If you want to copy the product, you must obtain permission from the patent owner. The patentee may also sell his patent to another person or group. The maximum patent limit for a product or item is 20 years.
How to apply for trademark registration?
You need to know what a trademark is. Here, we will inform you how to register the trademark. You can register your trademark online by visiting the Directorate General of Patents, Designs and Trademarks website. The entire process of trademark registration in India can take anywhere from a year and a half to two years.
You can register your trademark both online and offline. You can first do a trademark search for registration, or apply from the Indian Government’s official Ipi website.
After completing the application form, please submit it to the Trademark Registration Authority. Once approved, Symbol® can be used in your company or product. If the Trademark Examiner finds an error in the application, a Trademark Opposition will be filed.
Trademark registration documents
Trademarks have different documents depending on the ownership of different companies.
A copy of the logo, brand, and name on which a person or company is trying to create its own trademark.
Trademarks require different documents depending on the honor of the company.
About personal trademarks-
To register a trademark registration as an individual, the following documents are required –
- Trademark questionnaire or PAN and Aadhaar / DL / Passport
- Power of Attorney (POA)
For Private Limited Company-
- Trademark Questionnaire
- Board Resolution
- Power of Attorney (POA)
For Limited Liability Partnership (Limited Liability Partnership)
- Trademark Questionnaire
- Board Resolution
- Power of Attorney (POA)
- to own
- Trademark Questionnaire
- Power of Attorney (POA)
For partnership firm-
- Trademark Questionnaire
- Power of Attorney (POA)
For Society
- Trademark Questionnaire
- Power of Attorney (POA)
For Trust
- Trademark Questionnaire
- Power of Attorney (POA)
For Hindu Undivided Family (HUF) –
- Trademark Questionnaire
- Power of Attorney (POA)
Trademark Registration Fees
Different Fees have been defined to complete the Trademark’s Registration Process.
- Various forms to apply for Trademark Registration – Tm-1, Tm-2, Tm-3, Tm-8, Tm-51 These have been made for the new Trademark Registration for which the trademark fee is Rs 4,000 is.
- If the Entrepreneur’s Trademark is removed, then a fee of Rs 5,000 will be paid for the Restoration by filling Form Tm-13.
- To renew a registered trademark, Form Tm-12 has to be filled for which a fee of Rs 5,000 is required.
- If you are getting the Form Renew done after Renewal Date, then for that you will also have to fill a Surcharge of Rs 3,000 and Form Tm-10.
- In order to raise the Opposition, Form Tm-5 has to be filled for which the Government of India has earmarked Rs 2500.
- To improve the Registered Trademark, a fee of Rs 3,000 will be filled by filling Form Tm-26.
So in this way you will have to pay a fee to get Trademark Registration done.
Benefits of Trademark Registration
Following are the advantages of Trademark Registration:
- After registration, you become the legal owner of that Trademark. Because of which no other person or company can use your Trademark without your permission. If a Trademark is not registered, then it cannot be taken against any other company.
- Through Trademark, the company is able to establish a good identity among its customer, due to this, the customer does not have much problem in searching the product.
- The biggest advantage of a trademark is that the company’s brand and name are protected in it. If a trademark has been registered by a company, you can take action against it if it is used by other traders.
- Through Trademark, the company is able to establish a good identity among its customer, due to this, the customer does not have much problem in searching the product.
What is the need for a trademark?
After the above information, a question may be arising in your mind that after all what is the need of Trademark of a company? So let us tell you that trademark is also a kind of intellectual property right. A trademark on an item implies that it is being created by a particular company. A trademark is used by an individual, business organization, or legal entity for its product or service. A name, sentence, logo, special symbol, design or picture is usually trademarked. All products of a particular company are trademarked.
For example, tell you that Reliance has got his name JIO trademarked. In such a situation, no person or company can use JIO for its commercial benefits without knowing Reliance.
