6 Important Benefits Of Trademark Registration

Trademark registrations have become quite important for any business. Thousands of "marks" are registered each year as a result of increased knowledge of trademarks and intellectual property. According to the new Company Act of 2013, a business cannot have a name that is confusingly similar to a registered trademark. As a result, trademark registration is an important aspect of launching any firm.

Benefits of Trademark Registration In India

There are several benefits of trademark registration in India that are enjoyed by the consumers who registered their “marks” or “logos” under the Trademark Registration Act, 1999. The benefits are as follows:-

Trademark registration is an asset

A trademark is an immaterial asset that gives value to a company. It sets the service or product apart from the market's current rivals. Trademarks are equivalent to brands. As they attract customers, stand out, and are easily distinguishable from the competition. Your trademark serves as a marketing tool for the company. A trademark is a symbol of a company's dedication, identity, and integrity that aids consumers in making purchase decisions.

The value of an asset grows with time, much like in the real estate market. Similarly, the value of a trademark increases dramatically as the company grows. Trademarks, like actual assets, can be bought, traded, or used as collateral to receive a loan from a financial institution. As a result, it is critical for all firms to safeguard this precious asset.

Cost-Effective

In India, trademark registration is quite inexpensive. Depending on how quickly the government processes the application for trademark registration, it might take anywhere from 6 months to 2 years to execute the application and give the certificate. The application that was submitted initially will take precedence over those that were submitted later. If the "mark" submitted by another party is similar to the "mark" suggested by you, the trademark application for that party may be refused. As a result, the trademark registration application is processed on a first-come, first-served basis.

It Is Valid For Ten Long Years

The trademark will be valid for the following ten years after it is registered. Between these ten years, there are no legal responsibilities, fees, or other statutory requirements to retain trademarks. Also, just like a passport, a trademark certificate may be renewed shortly before it expires, and the owner can safeguard his or her trademark from third parties. In the long run, trademark registration is far less expensive than domain registration and may be maintained indefinitely.

Can Be Enforced Against Company’s Name

The business name cannot be identical to or similar to the registered brand, according to the Companies Act of 2013. This clause can be used to prevent the corporation from using certain names in the future. A company name cannot be confusingly similar to or identical to a trademark. A corporation cannot be registered under the same name as a trademark after it has been registered. Entrepreneurs can utilise this section of the Companies Act, 2013, to restrict company names they want to use in the hereafter for their firm. It is also critical for current business owners to register a trademark in their company name to avoid future issues.

Protect Investments

In today's competitive marketplaces, any firm must invest in advertising and branding. Businesses invest in a variety of advertising mediums to promote their business among customers, including the internet, newspaper, radio, and television. If a business is not protected by a trademark, anybody can claim it. As a result, filing a trademark registration for the trademarks prior to the start of advertising campaigns is critical.

Protects Against Unfair Competition

An important tool against unfair competition is a registered trademark. Today's marketplace is full of imposters and counterfeiters who profit from the usage of untrustworthy brand names. Unfair competition is effectively avoided by a registered trademark. The owner of a trademark has remedies available under the trademark statute if his or her mark is used or imitated without permission.

Documents Required For Trademark Registration

Trademark registration is an important tool for protecting a trademark from unauthorised use and infringement. The trademark registration procedure in India has been simplified by the Indian government. Within a few months, entrepreneurs may simply register their businesses as trademarks. The required documents for trademark registration in India are discussed in this article:

For Companies/LLP/Partnership Firms

If the applicant is a partnership business, the names of all partners are necessary; however, if the applicant is a Limited Liability Partnership (LLP), the trademark application must be filed in the name of the LLP. If the applicant is a corporation, the state or country of incorporation must be provided. They will also need the whole registered address. The application should be made in the name of the Managing Trustee, Chairman, or Secretary in the case of a Society or Trust.

The following are the documents required to submit by the aforesaid categories-

• Form TM-A or any other application form.
• Digital Signature Certificate if you are e-filing trademark
• Logo in soft copy, ideally black and white. A logo is not needed if you want to trademark a word.
• A list of items and/or services that will require registration.
• A translation of non-English terms into English will be required if the mark comprises or consists of them.
• The date when the trademark was first used in India if any
• Form-48 is signed. Form-48 is an approval for a Trademark to file a trademark application on the applicant's behalf.
• Certificate Of Incorporation or Deed Of Partnership
• Udyog Aadhaar Registration Certificate
• Address Proof Of The Petitioner
• Identity Proof Of The Petitioner

For Individual or Sole Proprietorship Trademark Registration

In India, any individual, whether Indian or foreign, may readily register a trademark. The formation of a legal body or a corporate entity is not needed to register a trademark. Furthermore, the documents required to register a trademark in a proprietorship's name are the same as those required to register a trademark in an individual's name: 

• Form TM-A or any other equivalent form.
• Trademark Soft Copy of the logo, ideally in black and white, if you are e-filing. 
• A logo is not needed if you want to trademark a word.
• A list of items and/or services that will require registration.
• A translation of non-English terms into English will be required if the mark comprises or consists of them.
• Form-48 is signed. Form-48 is an approval for a Trademark to file a trademark application on the applicant's behalf.
• Identity The applicant's name, address, and nationality are required as proof of the individual or proprietor.
• Copy of Aadhaar, PAN, or Passport as proof of address of the individual or proprietor
• The date on which the trademark was first used in India

Conclusion