Thursday, June 29, 2017

Why you need to consider registering trademark for your business

  • Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
  • The trademark would be important asset for your business and contributes to the goodwill generated.
  • With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
  • Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
  • It guarantees the identity of the origin of goods and services.
  • It stimulates further purchase.
  • It serves as a badge of loyalty and affiliation.
  • It may enable consumer to make a life style or fashion statement.

Requirements for filing a trademark application

  1. The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
  2. If the applicant is a company, the country or state of incorporation.
  3. A list of goods and/or services for which registration is required.
  4. Soft copy of the trademark to be registered.
  5. If the mark contains or consists of non-English words, a translation of those words into English is required.
  6. If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
  7. Date of first use of the trademark in India, if at all used
  8. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.

How to Register a Company or Brand Name in India

Brand Name or Company Name is one of the most important things for any startups in India so today we are talking about How to Register a Company or Brand Name in India which secure your company brand identity from the competitors or if anyone person uses then you can stop him legally.
So, First of all, we have to clear some concept regarding the brand name or company name in India. Brand Name and Company Name are both different things. For Ex- Paytm is one of the leading Ecommerce Website in India but their Company name is One97 Communication.
So Here Paytm is the Brand Name and ONE97 Communication is the Company Name. so the conclusion is  Company name or brand name can be different or can be same.
There are 2 ways to protect your Brand or Company Name in India –

a) Private Limited Company or LLP Registration Way-

Private Limited Company or LLP one of the most popular legal entity among the startups. its one of the most advantage feature is, once a name is registered under the private limited company then no one other person can create the same name company. so its mean its protect your company name.
But there is confusion that if someone person uses your private limited company name then how you can stop them from marketing or any other purpose legally. so the solution is another way which is mentioned and explained below.

b) Trademark or Brand Registration Way-

Trademark Registration is one of the most popular ways to protect your brand or any trade name in India. In the Trademark Registration, you can protect your trade name and Logo of the brand.
Following are advantages in simple terms to protect your brand name as Trademark in India –
  • You can use TM Word on your Brand Name
  • if any one person uses your brand name without your permission then you can send them Legal Notice.
  • you can protect your website domain name.

So Hope this article helpful for you to register your Brand or Company Name in India.