Importance of Trademark Registration

Everyone wants to do a business with unique name. The unique name provides you a better identification among your rivals. Once you declare a unique name as your brand name or trade name, you have the right to registered it. Though this registration processes, you can protect your name from third party usage. This registration provides you a legal protection for your brand name. The registration generally called trademark registration. Trademark registration is one of the intellectual property rights which bring you an exclusive right on your brand name. If anyone copying or illegally using your brand name, you have to file a case against them. Without getting the recognition of Trademark, you cannot have the above rights.

Consumer awareness

Consumer is a person who purchase or buy goods and services for his/her personal use from the traders or manufacturers. Every consumer plays a vital role in economic growth of the nation. Every trader or manufacturer work hardly to satisfy the consumer needs and their mission and vision definitely depends on their needs. Customer satisfaction is not an easy thing. Once you reach the consumer needs and requirements you have to maintain the same level and then the consumer recognizes your brand name. By this brand name recognition, you have to achieve more growth in your filed. In that time, register your brand name as trademark is not advisable one. Why because, if anyone takes the name already, you have no choice to take that name again. Also, it does not match in case of phonetically similar and word mark similarity. In my point view, at the stating stage of your business is the right time to trademark registration. This type of registration is advisable by the trademark attorney persons also. So, undoubtedly, trademark registration brings you a huge consumer awareness of your goods and services. The trademark gives complete view or awareness about the product manufactured, quality, quantity, standard and uniqueness from others.

Trademark Attorney

To register your trademark in Trademarks Registry, you have to file a Trademark application. The person cannot directly deal with the Trademarks Registry. So, he appoints or consults a Trademark attorney, who is acting as an inter-mediator  between the Trademarks Registry and the person who wants to register the trademark. The Trademark attorney is nothing but a registered trademark agent and the agent has the attorney code to login the trademark attorney. The trademark agent insists the possibility of getting the trademark to the client. The possibility of trademark registration mainly decided by the trademark search. The person who clear the examination conducted by the Intellectual property of India and scores the required mark has the eligibility to perform as a trademark agent.

Trademark Search

Trademark search is a process which is done by any people and the public portal is available to do that trademark search. It is very easy while compared to patent search. Simply surf the Google with the keyword of public search. The official trademark public search portal is open. Here, you can search your brand name uniqueness. The portal contains many of the options like well-known trademark, prohibited mark, class details, and Vienna code classification. We also specify the search type also whether it is word mark search, phonetic search and Vienna code search. In India, the word mark search and phonetic search are the most often used search types. Here, you have to mention the search type and searchable mark along with the class itself.

Class description of Trademark

Generally, Trademark registration is registered under appropriate classes. By using this class details, we have to register our brand name in mentioned specification by the Trademark Registry. Both the goods and Services are classified under the trademark Classes. The Intellectual property of India clarified these class details according to Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This organization is governed by the Government of India. Generally, there are 45 trademark classes are applicable to register the trademark. Both the goods and services are covered within these 45 classes. Class 1 to 34 mentions the trademark of goods or product manufactured. Class 35 to 45 involves the trademark of services for the business development which the person offered. Most of the goods and services come under these 45 classes.

Drawbacks of without register trademark

Trademark is a unique identification of your business and it is recognized and registered by the Trademarks Registry. Once the proposed trademark is registered, it is entered into the Trademarks Registry. If any other third parties trying to register your trademark, it will not possible. The Registered trademark attorney or agent will intimate the availability and similar trademarks to the client. If any word mark or phonetic similarity occurs, the client has to change their selected name to another innovative name. That’s why the Trademark agent advised the client to register their trademark in starting stage of the business. If you start your business without filing a trademark, you have to chance to lose your brand reputation and sometimes your business also. It’s all not fair for honest business people.

Do not register general words

The trademark is mainly register to distinguish the goods and services of one person to another person which is already registered. So it cannot be distinctive character. Section 9 of Trademarks Act, 1999 does not allow the trademark if it is similar to already registered one. The unique and invented trademark can be acceptable only. The trademark mentions the nature of the product or services cannot be allowed for registration. Also the trademark which is deceptive or offensive or hurt religious sentiments and indicates the shape of goods is not supposed to be registered. The section 9 describes this kind of characteristics as absolute ground for refusal. Section 11 of Trademark Act, does not allow the brand name to registration which is already registered trademark. It is called as relative ground for refusal. It is doesn’t allow the trademark which is confusingly similar to registered trademark both word mark and phonetically. The well-known marks in the sense, the trademark are registered under well-known category which has both national and international reputation. It is well addressed by the people and has more marketing strategies. So, the marks which are similar to the well-known trademarks are strictly prohibited to further steps for Trademark registration.

Conclusion

Trademark helps to improve your brand reputation and distinguish you from your competitors. As my point of view trademark registration in starting level of your business is the best route to reduce your opposition and objection proceedings. So, while creating a brand name for registration, keep in mind of all the above characteristics. As per Trademarks Act, 1999 Trademark registration is not an easy thing. But practical it is very easy by providing unique name, not similar, and distinctive from others. We “Solubilis Corporate Services” are one stop solution to your business related requirements like company registration, Trademark registration and patent and design registration, ISO Registration etc. We enlarge our branches in Chennai, Bangalore, Coimbatore, Hyderabad, Madurai, Salem, Tirupur, Karur etc. We are here to solve your problems and serve the best services for our customers. For more details kindly visit our website and happy to serve you.