In the world of online business, Google and Facebook are pretty much the shopping district, billboard, and telephone directory, all rolled up into one. Lose your identity there are you could find yourself losing business, too. Even very established online businesses, such as Shaadi.com and Bookmyshow.com, face such issues, despite their popularity, so smaller brands are even easier targets for brand pirates. Why Trademark Registration Many brands are losing business to impersonators.
Grofers, for example, is facing competition from Groffrs; Bookmyshow from Bookmyoffer; Naukri from Naukrinews, and Naukri. Worse than losing business, they could also be losing their credibility.
After all, if Groffrs doesn’t do a good job delivering a customer’s groceries, that customer is going to tell his friends that Groffers messed up his order. Now, as all these businesses have applied for or own a registered trademark for their respective brands, they can sue their impersonators, if they do not comply with their cease-and-desist letter. Without the registered trademark, no court would admit your complaint. Moreover, without the registered trademark, the court would be less inclined to believe that you’re the original owner of the brand.
No Hassle At All Perhaps the chance that your brand will be copied by another is small. But at the same time the cost involved in getting a trademark registered is so small, and with almost no hassle, that it would not make sense to go on without one.
The government fees are just Rs.4000 per application and online facilitators charge just Rs.1999 to get it done. Moreover, you only need to mention the date you started using the brand and provide the logo or brand name. Within three days, you can start using the trademark symbol beside your name.
Trademark Registration in India can be Renewed after how many years?
TRADEMARK - Intellectual property consisting of a distinguishable symbol, design, or expression that distinguishes goods or services. A trademark identifies the owner of a specific product or service. A trademark might be a name, a word, a phrase, a logo, a symbol, a design, an image, or some combination of these components.
The registration of a trademark grants the bearer of the trademark various legal rights. It keeps someone from riding on the back of your business and aims to recognize one person's goods or services from those of others. It incorporates the shape of items, their packaging, and an overall look. A registered trademark establishes the brand's ownership.
A trademark is only valid for 10 years before it has to be renewed. The trademark register will send you a letter 6 months before the trademark expires.
When you want to renew a trademark, you have to : - Renew the trademark if it is in use or Renew the trademark with changes and alterations It is necessary to make changes and modifications to the brand in order to renew it.
The TRADEMAREK RENEWAL form is used to apply for trademark renewal. The registration does not have to be made by the registered trademark owner; instead, it may be presented by an authorized agent.
After the filing of the application, the status of the application must be followed in the event of opposition to the registration of the mark. This opposition can be presented by any public entity. Once the application is approved, the mark will be published in the Official Trademark Gazette. If the mark has been published, the trademark owner enjoys additional protection for ten years. The mark can be renewed indefinitely.
The following is required for the renewal of a trademark: Copy of the registration certificate Copy of the TMA form (form for the original application for the registration of the trademark) Identification and proof of address of the applicant Power of attorney if the applicant is an authorized representative or representative.
It may happen that a person forgets to renew their brand within a certain period of time. No problem, there is always an option available in these cases. In the event of non-renewal, you can then attempt to restore a mark. Restoration of a trademark is authorized by the Trademarks Act 1999 under section 25 (4) which allows individuals to request restoration of a trademark. The restoration can only be carried out within a period of one year from the expiration of the registered trademark. Restoring a brand has an additional cost beyond the renewal fee.