Trademark as a term, refers to name of the product, services or business and comprises name, logo and tagline. Trademark is a valuable business asset and shall be registered in the countries where such trademark is to be used.
In the Trade Marks Act of 1999, section 2(m) defines a “mark” as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours. It is important to choose the trademark for a business carefully so that the customers can distinguish the services or goods from others. Distinct trademarks not only help companies to build a strong trademark but also makes the process of trademark registration smooth because there are less objections during the process of registration. Further, a distinct trademark is less likely to get into any legal disputes. Thus, coining the right mark and protecting it in the initial phase helps in multiple ways.
According to the report of Forbes, the top 10 most valuable trademarks are as below:
| SN | Brand | Value value (Billion USD) |
| 1 | Apple | 241.2 |
| 2 | 207.5 | |
| 3 | Microsoft | 162.9 |
| 4 | Amazon | 135.4 |
| 5 | 70.3 | |
| 6 | Coca-cola | 64.4 |
| 7 | Disney | 61.3 |
| 8 | Samsung | 50.4 |
| 9 | Louis Vuitton | 47.2 |
| 10 | McDonald’s | 46.1 |
Source: https://www.forbes.com/the-worlds-most-valuable-brands/#6fbd52bb119c
Section 2(1)(zg) of the Trademarks Act defines well-known trademark as, “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services.” Some of the well-known trademarks include, Amul, Coca-Cola, Pepsi, McDonald and Dominos etc.
Steps for trademark registration
- Trademark search
The purpose of trademark search is to identify the similar trademarks that are already filed for or registered and assess strength of the trademark. Trademark search is required to be done before trademark application is filed. Trademark search is performed in specific class (s) of goods and services, as specified in the Trademarks Act.
- Filing application for trademark registration:
Application for trademark registration in the desired class(s) along with the prescribed forms and fee may be filed online. As soon as application is filed, the application number is generated. Any person, including, an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply for Trademark Registration.
Documents required for filing a Trade Mark Application in India are as below:
- Trademark or logo in .jpg format
- Applicant details like name, address, nationality, phone number and email ID
- Goods or services to register
- Date of first use of the trademark in India, if used prior to filing the application.
- Power of attorney, to be signed by the applicant
- Examination report
After a trademark application is filed, the examiner reviews it and sends examination report on certain grounds to be replied by the applicant. In the report, there may be objections to be complied if the mark is similar to any of the existing trademarks. However, in case there is no objection raised by the Trademark Registry, the mark shall advertise it in the Trade Marks Journal. Within four months of such publication, any third party(ies) may raise opposition to the grant of registration of the trademark. In case no opposition is raised by any third party (ies) within the stipulated timeline, the trademark shall proceed for registration.
- Registration & renewal
Once registered, a trademark is valid for 10 years from the date of filing, which can be renewed from time to time for another period 10 years.
Conclusion
Trademark is a valuable business asset. It is important to choose right trademark and register it so that you can claim ownership on it and use it effectively for your business.
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