Why Trademark Registration Is Necessary 3 Essential Benefits Explained
When you start your business, you invest your life, wealth, energy and the most valuable thing, your time in it.
You established your brand name in the market with continuous hard work, paid for advertising, marketing.
You have build your business in the same way that a mother raises her child.
The purpose of all your hard work is that when a customer goes to the market, he specifically mentions your brand name and says that I want this product, it is not just a name but becomes your reputation.
But there is also a fear in your mind that someone might copy my brand, business name.
What are the risks if the trademark is not registered?
Suppose you have worked hard for years to build a brand, gained recognition in the market.
However, someone else starts making the same product using a name or logo similar to your business.
The general public thought that this is your product and starts buying it.
But you can’t stop it, because you haven’t registered your product.
The brand doesn’t legally belong to you until you register it.
Without registration, you have no legal protection.
If someone else registers the same product under the same name, that product will legally be considered their property.
It’s just like if you bought a property and paid all the amount but didn’t register or transfer it in your name.
Benefits of Trademark Registration
The biggest advantage of trade name registration is that if someone copies your brand, uses it or presents it as their own, you can take legal action against him even an FIR can be filed against them.
Because using another person’s trademark is a crime. Anyone who does this can be fined and imprisoned for one to two years.
This is why it is very important to register a trade name.
But if your trademark is not registered, then you cannot take any kind of legal action against the misused of your brand.
How to Register a Trademark
First, you design your logo, brand or product name or services you want to registered as your TM, then apply for a search report to check whether this design is already registered or not.
If no such brand is existing, then a formal application is filed for registration.
This application is examined in the IPO Office, If the examiner accepts it, then will be publish in the Journal of IPO and remains published in the journal for four months.
If no objection is raised during these four months, the TM will be approve and a registration certificate is also issue after payment of fee.
This registered trade name is effective for ten years, after which it can be renewed.
Time required for trademark registration
This entire process can usually take one to one and a half year.
However, if an opposition is filed against your application it may take more time.
Meaning that if anyone has objections to the trademark, then that persons may file opposition application against it and the matter may be forward to the court.
Final advice
If you have been working in the market for a long time and have established your brand but have not yet registered the trademark, you can still register it.
In such a case, the application states that this is already in use (Prior Use) but was not registered.
All entrepreneurs, companies, business owners whether they are selling products or services, are advised to register their brand, logo immediately after start a business before someone else takes advantage of your hard work.
A trademark is the biggest protection for your business in the long run and it will becomes your real identity, goodwill and you can sell it later. Contact us For more information
