Trademark Registration

Trademark refers to the specific symbol, sign, catching phrase, or words that identify a particular brand. It is the identification of a brand or company, which assures the customers that they are purchasing from that particular brand. A trademark not only differentiates a product from its other competitors but also identifies the company or source. Trademark helps a brand, company, developer, or source to stand out from the crowd.

A trademark is the name of the company or any business logo so it must be catchy and notable. Therefore, consumers or users can easily remember your name. However, have you wondered about the difference between the trade name or trademark? A tradename is simply the company’s name that you used for the recognition of that particular company. It does not provide legal protection for the usage of that name. Whereas, the trademark is registered on a national and international level for the protection of your brand.

Benefits of Trademark Registration

This question comes to the mind of every layperson that Why do we need to register a Trademark? What are the benefits of trademark registration? So, hold on to your curiosity because there are the following benefits of trademark registration.

  • Some people use unregistered trademarks for offering various services or products. It may provide some legal protection. But you still have the risk of copyright and you do not have the proof of your creation. Therefore, it is best to have a registered trademark as it gives the owner different advantages. These advantages include business protection, presumed ownership and reduces the burden of proof.
  • When you are registering your trademark, you have to make sure that it is unique. If it accidentally matches with the other trademark then the owner can take legal action against you. Consequently, you will suffer by paying all the fees and handover all the other advantages. Moreover, the owner can also claim the damages and you have to pay for it. Therefore, it is better to register your trademark and make sure that it is not similar to the other.
  • Trademark registration ensures that other companies have different trademarks. But if anyone tries to copy your tradename; you can take legal action against them.
  • If you wish to expand your business magnitude internationally, you can utilize federal registration for foreign trademark filing.
  • If you are using the trademark symbol, it means that it is federally registered. Trademark symbol increases the worth of your business.

Process of Trademark Registration

If you have established your brand, it means that you have invested all your resources, time, and efforts in it. You will be humiliated if someone tries to copy your brand. So to take legal action against them, you have to register your trademark first. However, the process of trademark registration is not that difficult. The registration process of a trademark varies from country to country. Although, it comprises the following steps.

1. Trademark Search

If you have a notable and catchy trademark in mind then it is not enough. You have to do thorough research before finalizing your trademark. You have to make sure that this trademark is different from others. If it is not different, then it would be best if you drop it and go for another trademark. Why do you want to waste your money in trademark litigation when you can prevent it in the first place?

2. Filing Trademark Registration

When you are sure that your chosen trademark has not been registered yet, you can go for it. Then the next step of this process is to file a trademark application. Once you have applied then an official receipt is given to you for the further process. Therefore, you can check the trademark status of your application.

3. Trademark Examination

When you have filed for a trademark application then the examiner will check it thoroughly. This examination consists of usually one or two months. After the examination, the examiner might accept your trademark conditionally or absolutely.

When the trademark is accepted unconditionally, then it will be published in the Trademark Journal. Whereas, when it is not accepted unconditionally, the conditions are mentioned in the report. You have to complete all the conditions or requirements in the given time for trademark acceptance.

4. Trademark Publication

In this step, anyone has the chance to oppose the trademark registration. If there is no opposition in these four months, the trademark goes for registration. Otherwise, in the case of opposition, there is an honest hearing ad the registrar hives his/her final verdict.

5. Registration Certificate

A registration certificated will be given to the person whose application has been accepted and published in the Trademark Journal.

6. Trademark Renewal

The trademark will go for trademark renewal after every ten years. Therefore, your brand name, logo, or trademark is protected.