What is Trademark and How to Trademark Registration Online?

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Trademark Registration Online

Trademark Registration Online

REGISTERED TRADEMARK

A trademark is a unique mark to authorize a sign that represents a business, and it is a way to create a distinctive identity of a company from another and build its credibility among customers. A company is always advised to recognize all the IP Rights in the form of trademark and to register every mark, brand name, logo, product name, domain names, slogan as the trademark in India to prevent the misuse by any other person or fraudulent

A “registered trademark” online consists of exclusive rights for the registered owner, which includes the right for the exclusivity use of the mark in relation to the company products or services. Registration of a trademark is not mandatorily required in India. A trademark is registered for a span of 10 years only and can be subjected to further renewed. Registration is required for the following reasons:·

  • It identifies the originated  goods and services
  • Advertises company goodwill, brand name, goods, and services
  • Guards the commercial goodwill of a trader
  • Protects the target audience or loyal customers from buying the second rate of quality goods.

Benefits of Registered Trademarks:

To sum up, registration gives a monopoly market right to the mark in a particular tangent. It allows the owner of a registered trademark to prevent the use of his mark which is not authorized in relation to products or services offered by the company. The claim is always whether a consumer of the goods or services will be confused as to identify the source or origin. The fraudulency of registered trademarks can lead to legal claims and one can seek compensation.

The basic difference between the registered and unregistered trademark is in terms of protection advantages available for registered trademarks and unregistered trademarks and the symbols used for both. Unregistered trademarks may gain protection, where the goods and services quality offered by the company has a highly significant position among the customers in the market. These trademarks are used in the course of trade which is well known to the target audience in India. Apart from this, there are different symbols for representing both the trademarks. A registered trademark is represented by the symbol ® and An unregistered trademark is represented by the trademark symbol ™. The difference between both is when a brand name is using the TM symbol as a suffix, this means that the trademark they are using is not registered. You can only use the TM symbol even if one has initiated the process of registration of the trademark, not the ® sign. The trademark symbol sends out a signal to potential beginners that the trademark they want to issue is claimed already for the trademark.

Whereas ® symbol means that the trademark has been registered by the owner (the registration process is complete). Once the registration process of the trademark has been approved by the appropriate authority and has been published in the Trademark Registry applicant can use the ® symbol. This indicates that any fraudulent case will mean that the aggrieved party can resort to a statutory remedy and claim compensation from the fraudulent.

The important thing to keep in mind is that the applicant cannot use the ® symbol for a trademark that is not registered. Particularly, you cannot use the ® symbol to your trademark unless and until the process of registration is complete. You can only use the TM symbol for the unregistered or unprocessed trademark.

DIFFERENCE BETWEEN REGISTERED AND UNREGISTERED TRADEMARK:

The basic difference between the registered and unregistered trademark is in terms of protection advantages available for registered trademarks and unregistered trademarks and the symbols used for both. The former one is a statutory remedy and the other one is a common law remedy. Unregistered trademarks may gain protection, where the goods and services quality offered by the company has a highly significant position among the customers in the market. These trademarks are used in the course of trade which is well known to the target audience in India. Apart from this, there are different symbols for representing both the trademarks. A registered trademark online is represented by the symbol ® and An unregistered trademark is represented by the trademark symbol ™. The difference between both is when a brand name is using the TM symbol as a suffix, this means that the trademark they are using is not registered. You can only use the TM symbol even if one has initiated the process of registration of the trademark, not the ® sign. The trademark symbol sends out a signal to potential beginners that the trademark they want to issue is claimed already for the trademark. If anybody involved in the infringement of the trademark the remedy is not a statutory remedy, it is the common law remedy of passing off.

Whereas ® symbol means that the trademark has been registered by the owner (the registration process is complete). Once the registration process of the trademark has been approved by the appropriate authority and has been published in the Trademark Registry applicant can use the ® symbol. This indicates that any fraudulent case will mean that the party can resort to a statutory remedy and claim compensation from the fraudulent.

The important thing to keep in mind is that the applicant cannot use the ® symbol for a trademark that is not registered. Particularly, you cannot use the ® symbol to your trademark unless and until the process of registration is complete. You can only use the TM symbol for the unregistered or unprocessed trademark.

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