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WHAT IS TRADEMARK:
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.
Trademarks not only help distinguish products within the legal and business systems—but just as significantly—with consumers. They are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. They can be corporate logos, slogans, bands, or the brand name of a product. Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks.
The laws governing trademarks never expire. This means the holder has the right to the trademark for the life of the product or service. But there are certain exceptions. The user is required to make continuous, lawful use of the trademark in order to take advantage of trademark laws. So a company or individual must regularly manufacture, produce, market, and sell a product with a particular trademark in order for the trademark law to be enforceable. This can be done every five years by filing a section 8 declaration through the USPTO. Failure to file this can result in the loss of registration.
BENEFITS OF TRADEMARK:
Brand Recognition:
In a crowded marketplace, a trademark acts as your brand’s unique identifier. It’s the visual or verbal cue that consumers associate with your products or services. Over time, as customers encounter your trademark repeatedly, they develop a sense of familiarity and trust. This recognition is essential for building customer loyalty and attracting repeat business.
Legal Protection:
One of the primary functions of a trademark is to protect your brand identity. By registering your trademark, you gain exclusive rights to use that mark in connection with your goods or services within the registered classes. This legal protection helps prevent others from using a similar mark that could confuse consumers or dilute your brand’s distinctiveness. If someone infringes on your trademark, you have legal recourse to enforce your rights and seek damages.
Asset Value:
A trademark can be a valuable intangible asset for your business. As your brand gains recognition and reputation, the value of your trademark increases. It can contribute to your company’s overall valuation and be leveraged for strategic partnerships, licensing agreements, or even as collateral for financing.
Market Expansion:
With a trademark in place, you can confidently expand your business into new markets. Whether you’re launching new products or expanding into different geographic regions, your trademark provides assurance that your brand identity is protected. This protection is crucial for maintaining consistency and reputation as you grow your business.
Consumer Trust:
A well-established trademark often signifies quality, reliability, and consistency to consumers. When they see your trademark on a product or service, they associate it with positive experiences they’ve had in the past. This builds trust and credibility, making consumers more likely to choose your brand over competitors, especially in industries where brand reputation is paramount.
Marketing and Advertising:
Your trademark serves as a powerful tool in your marketing and advertising efforts. It’s the visual centerpiece of your brand identity, appearing on packaging, signage, advertising materials, and digital platforms. A memorable and distinctive trademark helps your brand stand out in a cluttered marketplace, making it easier to capture consumers’ attention and reinforce brand recall. Additionally, effective use of your trademark in marketing campaigns can help strengthen brand loyalty and drive sales.
THE SYMBOLS "TM" AND "®" HAVE SPECIFIC MEANINGS WHEN USED IN RELATION TO TRADEMARKS:
TM (™): This symbol stands for “trademark.” It is used to indicate that a word, phrase, symbol, or design is being claimed as a trademark, but it may not necessarily be registered with the appropriate trademark office. The use of “TM” notifies others that the owner considers the mark to be their property and intends to assert rights over it, even if it’s not officially registered. This symbol can be used on both goods and services.
®: The R (®) symbol on a product indicates that it is a registered trademark. This means that the logo enjoys legal protection as per the Trademarks Act, 1999. Trademark registrations carry a validity of ten years with a possibility for an extension by following the renewal process. If a person or business utilizes the registered name, logo, or symbol without the owner’s prior consent, they may be prosecuted for trademark infringement.
TRADEMARK RENEWAL
The validity of the trademark is 10 years. It is necessary to renew trademark registration. Registered trademarks can be renewed by filing a renewal application. Trademark registration can be renewed starting from 6 months before the date of
expiry. A notice for intimation of renewal is sent before the date of expiry.
In the case of a person failing to renew the trademark on time, the registrar is at liberty to remove the trademark from the Trademarks journal. The registrar may remove the trademark from the journal however, it can be done by him only after 12 months after the expiry date. The trademark can be renewed even after the expiry date on the payment of a fine through a process called restoration.
COPYRIGHT REGISTRATION
A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Copyright does not protect the specific idea or information or content but it protects the form and manner in which it is represented. The copyright symbol ‘©’ is used by the owner who have registered copyright.
It is necessary to register for copyright because it gives a person the right to stop a person from using his work without the permission of the author or the creator. The author can charge others for using or changing his work. The copyright is valid for 60 years.
DESIGN REGISTRATION
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. The design should relate to shape, configuration, pattern, or ornament applied to an article whether in two or three dimensional (or both)
forms. It may be applied by any industrial process or means which in the finished article appeals to and judged solely by the eye. Design registration is valid for 10 years which can be further extended for five years.
PATENT REGISTRATION
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, one has to file an application to register their invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent. Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. The term of the patent protection is 20 years.
TRADEMARK RECTIFICATION
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register when the basic requirement or formalities for Trademark Registration is incomplete or missing, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.
TRADEMARK HEARING
Trademark Hearing is the process of attending and being present before the registrar of Trademark in person or through an attorney with all relevant documents and explanation to remove the objections raised under the Examination Report.
TRADEMARK HEARING
Trademark Hearing is the process of attending and being present before the registrar of Trademark in person or through an attorney with all relevant documents and explanation to remove the objections raised under the Examination Report.
ISO CERTIFICATION
ISO Stands for International Standards of Organization. ISO certification is a seal of approval from an independent, non-governmental international organization with a membership of 162 national standard bodies that a company runs to one of the international standards developed and published by the International Organization for Standardization.
- ISO 9001 is defined as the international standard that specifies requirements for a quality management system (QMS). Organizations use the standard to demonstrate the ability to consistently provide products and services that meet customer and regulatory requirements.
- ISO 22000 sets out the requirements for a food safety management system and can be certified to it. It maps out what an organization needs to do to demonstrate its ability to control food safety hazards in order to ensure that food is safe.
- ISO 14001 is the international standard that specifies requirements for an effective environmental management system (EMS). It provides a framework that an organization can follow, rather than establishing environmental
performance requirements. - ISO 180071 is the international standard for health and safety managementsystems.
ISO CERTIFICATION RENEWAL
The validity of all the ISO is 3 years and therefore it has to be renewed to maintain the reputation of your business entity. Certification gives a business credibility, by ensuring high quality standards. For some industries, certification is a legal or
contractual requirement.
MSME REGISTRATION
MSME stands for micro, small and medium enterprises, and these represent the backbone of our country. The Government of India supports and promotes MSMEs through various subsidies, schemes and incentives through the MSME Act. One needs to apply for the MSME registration to avail these benefits under the MSMED Act from the Central or State Government.
FSSAI REGISTRATION
FSSAI stands for Food Safety and Standards Authority of India which is an organization that monitors and governs the food business in India. It is responsible for the registering and licensing of the Food Business Operators (FBO) in India and it lays down the rules and regulation for running the food business in India.
The FSSAI has been established under the Food Safety and Standards Act, 2006 (FSS Act) which is a consolidating statute related to food safety and regulation in India. It ensures quality of the food products and stops food adulteration quality and sale of sub-standard products. Every person involved in the business related to food must compulsorily obtain FSSAI Registration or License.
FSSAI registration or license is based on the business volume and premises. Depending upon the installed capacity or turnover or location, applicant premises are eligible for the license such as:
- Registration
- State License
- Central License