In commerce, a trademark is as powerful to protect a company's brand as the product itself. A visual symbol like a word, signature, name, device, label, numerals, or combination of colors used for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses, it sends a strong message and affinity for the audiences and consumers. A trademark is valid for 10 years and gives the owner complete protection from any infringement. Like all other properties, a trademark is transferred (or leased), sold, shared with other entities for adaption or promoting brand awareness.
Trademark Owner’s details:
Trademark filing can be done either as an individual or organisation. The fee varies according to the mode of filing. Individuals and Startups (with DPIIT or MSME/ Udyam recognition) have 50% less fee than other businesses and organisations.
Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.
The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique, geometrical, designs. Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super etc.)
Under modern business condition a trademark performs four functions
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo-moto issue Notice for removal of a registered trademark.
The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued.
Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.