Online registration of trademarks was introduced in 2015, to make the intellectual property right of trademarks much more accessible to the public at large. Since the introduction of online processes, the number of trademark registration in India has increased extensively. Through this article, you will understand the importance of online registration of trademarks for entrepreneurs in India today.
What is a trademark?
A trademark or more popularly known as a brand name is a very unique and distinctive mark that gives its owner the sole right to use, distribute and license the mark. The following are the types of Trademarks in India:
- Logo;
- Brand name;
- Packaging material;
- Unique shapes (for example, the shape of a Toblerone bar, or a Coke bottle);
- Scent;
- Name of a person;
- Name of any fictional character;
- The name of any reality TV show, etc;
Hence, you can see that any kind of mark that is capable of using in the course of trade, with a motive to gain profits from it, is registerable as a trademark. However, a few points that you need to keep in mind are –
- Your mark must be unique and distinctive;
- Not descriptive of your trade;
- Not against public morals; and
- Not similar to any existing prior marks.
Benefits of online registration of a trademark
The benefits of registering a trademark online can help you in understanding why trademark registration is so important. The benefits are as follows:
Protection from Infringement
Trademark infringement occurs when a person with malafide intentions tries to use a similar, or deceptively similar mark to an existing trademark, without obtaining prior permission of the owner of said mark. The key feature of an infringement of a trademark is that it causes loss to the owner. Now, when you have already gotten registration of your mark, you will have the following options of remedies to protect your mark from infringement:
- Temporary Injunction;
- Permanent injunction;
- Destruction of infringing copies
- Damages; or
- Imprisonment.
As you can see, Indian Laws provide 360-degree protection in case of an infringement of a trademark. When you get online registration of a trademark, the reduced timeline ensures that you get the right to protection from infringement as soon as possible.
Make big bucks by licensing!
Today, brands create a retaining identity by collaborating with other huge brands. When such collaborations happen, the owner of a registered mark licenses another business owner to use the brand name for promotion, etc. These collaborations open a whole new pool for brand owners. Besides, it also lets you earn consideration in exchange for the extent of rights you are licensing.
Create Goodwill
Goodwill is the reputation that your brand has in the market. Here, online registration of a trademark can help you in building very strong goodwill in the market. All registered or pending trademark applications consist of the ™ and R symbols to portray their protection. Now that the entire world at large is becoming so aware of the various IP rights, especially trademark rights. The symbols attached to your mark ensure its relevance. Since trademark registration is approved by the government of India, it helps in building the trust of your customers and helps in increasing the retention of clients.
Reduction of the timeline to get registration!
Before 2017 only the offline mode of filing trademark applications was available. There were many obstacles in filing a trademark application, including:
- Only 5 registries of trademark covering the entire India;
- Submitting documents through the registered post;
- Offline submission is not environment friendly; and
- Lastly, it takes a lot of time to complete.
To make the process easier, and to make registration accessible to the public at large, the online process was introduced. Since the online process has started, you can see a notable downfall in the timeline taken to get a trademark registration. This also helps in decreasing the backload of the trademark registry, making it way easier for the trademark officers to dispose of applications. Further, the number of applications filed each year is also increasing because of the online process and the ease of access of the TM e-filing portal.
Protection that lasts a lifetime!
That’s right! Trademark registration can last for the lifetime of a brand. All you need to do is to keep it renewed by submitting the formTM-R and prescribed fees for trademark renewal. Even the renewal process can be completed online. The renewal is reflected on your mark as soon as you generate the receipt.
Trademark registration is valid for 10 years. You get a window of a total of two years to file a renewal. A year at the end of the nine years, and a year after completion of 10 years. If you fail to file the renewal application, the registry removes your mark from the journal of trademark and it loses all its protection. Get your trademark renewal in India from time to time to avoid your mark from being removed.
Conclusion
Online registration of trademarks has successfully made trademark registration a very important and well-known Intellectual property. Besides, it has helped people in figuring out their rights in a much deeper sense.