Trademarks represent special indicators used to distinguish products or services from a specific firm. They can take the form of graphics, photos, signs, or even sentiments. It may be linked to any service or company.
Process of online trademark registration–
Step 1: Search for an available brand name.
This is essentially the quickest and most effective technique for any user to obtain a distinctive, fashionable, and intriguing company name. Settling a name necessitates a rapid research procedure to guarantee that you go for a unique name for your business. The best way is often by inventing or coining some phrases and combining them with common terms.
Step 2: Make a trademark application.
The appropriate related papers must be presented with the filing for online trademark application: An identification of the company’s board of directors and a proof of address must be presented based on your company registration. A sole proprietorship firm might present identification documentation such as a PAN card or an Aadhar card. Such requirements must be fulfilled specific to the nature of the applicant.
Step 3: Filing the Application
Users need to submit the application form, which all details for trademark registration, and get their acknowledgment on the website.
Step 4: Review the brand name application procedure
The Registrar of Trademarks reviews your application to see if specific requirements have been fulfilled and your brand name fits current legislation. There must be no likeness or identity with any pre-existing or ongoing brand for registration.
Step 5: Publication in Indian Trademark Journals.
Following the review process, the Registrar of Trademarks will publish your brand name in the Indian trademark journal. If no objection is filed within three months, the Registrar of Trademarks will continue with the trademark issue.
Step 6: Receiving trademark registration certificate
The Registrar will issue the trademark registration certificate when the trademark clears all the steps mentioned above.
Trademark vs. Copyrights
Trademark and Copyright are both categories of intellectual property, classified as intangible assets used in business. However, they are distinct from each other.
- Distinguished Materials
It is to be noted that a person cannot apply for Copyright intellectual property that can be trademarked. However, there are a few situations when a person can use both a trademark and copyright to protect a work. A logo is one such example since it is both an artistic effort and a distinguishing symbol.
A copyright is created automatically, although a trademark is not. A trademark must be recognized in use for protection to be enforced.
Copyright and a trademark are both protected for varying lengths of time. Every ten years, trademarks must be renewed. A copyright is valid for the author’s lifetime plus 75 years. A trademark keeps its protection for as long as it is renewed.
Ultimately, the trademark vs. copyright game goes beyond the different ® symbols and the © symbol.