Trademark registration refers to a process by which a product, service, or brand can be legally differentiated from the competitor’s products. A trademark can be any phrase, design, word, symbol, logo, or sound. However, common names or abbreviations cannot be used as trademarks. Before applying for a trademark, you must make sure that it is distinctive and helps you market your products and create brand recognition.
Benefits of Trademark Registration
- Legal Protection – Trademark registration provides legal protection to the trademark owner. If any misuse of the trademark happens, the owner can contest it in a court of law. Once you have filed the trademark application, you can use the symbol TM. After receiving the trademark registration certificate, you can also use the symbol ‘R.’
- Product Differentiation – It helps the law differentiate between different products and brands. It makes sure that your brand is unique and that your customers are able to differentiate your products from that of your competitors.
- Brand Recognition – Trademark registration helps the customers identify your products and services, their features, benefits, quality, cost, etc. People generally identify a brand through its logo, which is trademarked.
- Asset Creation – Trademark registration leads to the creation of an asset for the company. These trademarks can be sold, leased, transferred, assigned, or franchised. Trademarks can also form a source of income, and you can claim a depreciation deduction as it is an intangible asset.
- Goodwill Creation – Registering a trademark creates a positive brand image in the customer’s minds. It increases your value and communicates the quality and features of your product.
What are the Different Statuses of Trademark Application In India?
Status: New Application
The trademark application has been entered into the trademark application database.
Status: Send to Vienna Codification
The trademark is being assigned codes as per the Vienna Codification. This step is applicable for non-text trademark application that contain logo or artwork.
Status: Formalities Chk Pass
This TM status signifies trademark has passed all the basic filing requirements for trademark registration and is ready to be processed.
Status: Marked for exam
The trademark application has been taken up by a trademark examiner to check for acceptability.
Status: Objected
The trademark application status indicates the mark has been issued an adverse examination report by the trademark examiner. The trademark applicant has the option to address the objection raised.
Status: Exam Report Issued
This TM Status is about the trademark application will probably published in the Trademark Journal. This status could also mean that the trademark application requires slight modifications to be published in the trademark journal.
Status: Refused
This TM status denotes the trademark registration has been refused based on the applicants response for the adverse report or objection.
Status: Adv. before accepted
This trade mark status indicates the trademark is ready to be published, pending some amendments from the applicant.
Status: Opposed
This TM status indicates that the trademark application has been opposed by a third-party. The trademark applicant must resolve the opposition’s concerns through the trademark registrar.
Status: Abandoned
This trade mark status means the trademark applicant has not responded to the trademark registrar within the prescribed time.
Status: Withdrawn
The trademark application status denotes the mark has been withdrawn by the applicant prior to trademark registration.
Status: Removed
This TM status implies the trademark has been removed from the trademark registry. The mark is no longer trademarked.
Status: Registered
The trademark application has been accepted and the trademark is registered. Trademark registration process can take anywhere between 12-24 months and it is important for the Entrepreneur to keep check trademark status throughout the application process to respond to any of the concerns of the trademark registrar in a timely fashion.
FAQs
Can TM be used without registering?
Even though a TM can be used without registering, using it without registering will not provide legal protection against its infringement, and your competitors can still copy your logo.
How to find Trademark Application Number?
When you file a trademark application with the Indian Trademark Office, you receive a filing receipt. This receipt includes your application number. If you lost your receipt, you can find your application number in the trademark journal when your application is published for the opposition.
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