How to Register an Online Trademark for a Company

by CorpSeed Pvt Ltd Environment | Compliance | Finance

A brand identifies a product: what does it mean specifically?

 

Creating a brand and registering it does not mean that the product or service that identifies with the brand cannot be used by others. The registration of a trademark gives the owner a particular right to use it exclusively for its products, but also related products could exploit the registered trademark. For this reason, it is essential to present the specific characteristics of the brand you want to protect and how it should be used in order to make its individualization better and protect the product when it will be placed on the market to the expert lawyer.

 

If a company significantly expands its production, it may be necessary to register different brands according to different specific characteristics of the products offered, divided into different classes and sections. Doing so would gain total brand protection.

 

The validity of a brand at a territorial level: what is it?

 

A trademark is protected only in the State in which it is registered, if for example it is registered only in India, the most unpleasant direct consequence is that any person could register it outside his country of origin and claim its exclusive rights in these territories.

 

If the registration of the trademark is required in one or several foreign countries, it will be necessary to register it individually in the selected countries or to choose the collective trademark that allows to protect the product or service offered in all the states of the European Union or internationally.

 

Why should i register my trademark?

 

It is very important to register your brand at any level (national, Asian or international) because it identifies you, your company, your products or services and tells customers who you are and what you do and offer. It allows you to be officially recognized all over the world (or wherever you have registered your trademark) and, at the same time, protected from others who might think of exploiting your success by copying your distinctive sign: in this way you also give more value to your brand.

 

Therefore, it seems quite clear that a brand is a sign that allows customers to identify your brand / product / service and, at the same time, to distinguish your brand / product / service from those of your competitors. A trademark must be a distinctive and clearly defined sign to guarantee with certainty what it covers.

 

What kind of protection does a trademark registration offer?

 

The logos are protected by intellectual property rights (IP) . In general, the owner of a trademark has the right to prevent all third parties who do not have their consent to use the same sign (or a similar sign) during the exchanges for the same products and / or services for which it is registered.

 

How can I register my trademark in India?

 

The procedure is very simple and can be carried out through the national structure. If you want or need to protect your brand in India, you have two possibilities. You can do it yourself by going to the chamber of commerce in your area or, the best solution, contact an expert lawyer, as the actions to be performed correctly and the searches for anteriority, for example, could save your brand from a illicit use by third parties.

 

For how many years is my trademark protected?

 

The registration of a trademark is valid for 10 years. The term is retroactive, which means that once the request is approved, the date will be the date on which the application was filed. After ten years, if you are still interested, you can renew the registration.

 

Where does my registered trademark receive protection?

 

After regularly completing the whole process, the Trademark & Copyrights is protected throughout India. To register the trademark also at European or international level (we think of Switzerland which is an extra Asian country) you have to carry out other types of requests and registrations.

 

How can I register a trademark?

 

The easiest and fastest way is to personally submit a registration request to the Chamber of Commerce equipped with the necessary documentation that your expert lawyer will have prepared for you. If not, you can instruct your lawyer to submit the request to the Chamber of Commerce or online.

 

How much does it cost to register a trademark?

 

Registration has fixed costs such as stamp duty and Chamber of Commerce rights. Then there are the costs of the various nice classes. Finally there are the costs of the activity carried out by the lawyer.

 

What information is needed to fill in the registration form?

 

You will have to indicate all the following details: full name, legal form (in the case of a company), nationality, country of registration (in the case of a company), contact information (e-mail, telephone, fax) of the applicant (s), reproduction and detailed description of the trademark, the type of trademark (figurative, descriptive, mixed, etc.), the classes for which you want to register based on the Nice classification and other similar information.

 

Which brand can I register?

 

The following can be registered:

 

1.      words (including personal names);