The procedure of registering a trademark in India

There are plenty of goods and services available in the market and it increases the confusion of the consumer. There are also many duplicate products available which are continuously decreasing the brand image of the established product. To overcome this situation whenever any product enters into the market it always contains some identification mark. This identification mark is also known as trademark.

Trademark is a unique sign used by business organizations, individuals or other legal entity to differentiate their product and services from those of others. It is a sign or indicator to identify the product. Logo, symbol, image, word, name phrase or amalgamations of all these elements are known as trademark. It is an asset for the company. trademark registration is a legal procedure of registering trademark. Trademark registration is done by owner of the trademark for the protection from any kind of unauthorized used. Trademark is also known as “Service Mark” when used in relation to service. Trademark registration provides several benefits to the owner of the trademark as he can make legal proceedings and file suit against the person or organization making unauthorized use of the trademark. Trademark registration is being done under “The Trademark Act, 1999 for the convenience of the owner and consumer of the goods and services. Under the Trademark Act, 1999 an exclusive right of selling the goods under particular trademark has been given to the owner of the goods and service.

Trademark protection is very important from the point of view of owner and consumer. Trademark protection provides relief and security against any unlawful act. It helps proprietor to protect his product and services. All the benefits of trademark protection can be enjoyed after the registration of trademark. Every country follows one definite procedure of trademark registration. If we talk about India then Indian Trademark Act also protects the right of the owner and give benefit to the consumer of the product.  From 1940 onwards trademark started in India. Before that there was no such law governing the trademark. Initially The Trademark Act in India has been replaced by The Trade and Merchandise Mark Act, 1958 and later on it has been officially cancelled and then governed by The Trademark Act, 1999. trademark registration in India is generally for the duration of 10 years. It can be renewed further for 10 yrs but only after the payment of the prescribed fee. Trademark registration in India protects the goodwill of the product and the same time also helps a lot for obtaining registration in foreign countries. There are several “Trademark Attorney” in India, serving their clients and providing them legal advice, helping in the trademark registration in India.  A person acting in trademark matters or a firm providing professional, expert and legal advice on trademark or trademark registration can be treated as a trademark attorney. They provide useful and reliable information.

At the time of company incorporation, a wise individual not only follow all the required procedure of the company incorporation but also try to get the trademark for the product. It is always advisable to obtain the company incorporation certificate or certificate of commencement of business for the purpose of providing legal support to the firm. Certificate of company incorporation and Trademark registration both are equally important for the smooth running of company and goodwill of the product.