A Trademark is a kind of protection towards the Intellectual Property. Trademark distinguishes various products and services by providing a brand value to them in the market. This non-deliberately attaches a quality value to all the products. The process of applying for the trademark is lengthy and it requires that the owner files a very long application and attaches all the necessary documents to get the privilege.
Benefits of Trademark Registration
The following are some benefits of the trademark Registration Process in India :
1) Exclusivity
The owner of the registered trademark has the power and the exclusive rights over it. The person can utilize the same as per his benefits for all the items that fall under the class of trademark as specified in the application. The owner enjoys the privilege of prosecution where he feels that the same has faced infringement.
2) Reputation
The trademark supposedly builds the trust and the reputation of the goods and services it represents. The consumers tend to understand the significance of the quality associated with the trademark. This makes them more loyal to the company. The trademark ensures a unique identity to the company in the sense that the customers can trust on the goods and services provided by the company.
3) Product Differentiation
A trademark offers a “brand name” to the product and services associated with the same. It gives an identity to the company which is special and cannot be used by any other company. The logo also conveys the company’s vision and the quality of the products it supplies. The product differentiation feature is very important in a market where competition prevails. So it serves as a tool for product differentiation.
4) Signifies Quality
As the trademark offers identity to the products and services, the consumers associate the brand name or the trademark with the quality of the products it offers. It becomes a measure of quality and the consumers start to compare the quality of various associated products with the name or logo. The quality plays a very important role in determining which product wins in the market. It becomes a mark of the quality of goods and services.
5) Asset to the Organisation
The enrolled and registered trademark enjoys the privilege of exclusivity and cannot be used or managed by any other organization. It invites consumers who hear its name and about its quality. The registration enables the right of prosecution against the party for the infringement of the registered mark. A lot of organization invests a significance amount of funds in the formation of Intellectual Property for the organization which in return transforms to Intangible asset for the organization.
6) Symbol representation
The registered trademark can be represented as a symbol for the association. No other organization can use the same to differentiate the product or services. In case where the same happens, the symbol gives the power to the owner to exercise his rights in the court. A symbol gets stored in the mind of the consumers easily. As well as, the advertisement of the product becomes easier.
7) Infringement safety
As stated above, the symbol or the registered trademark gives the exclusive rights to use the same to the owner and if it is used by a third party without the required permission of the owner, the owner can sue the party in court exercising the rights of action against infringement. The Trademark Act, of 1999 gives this right to the proprietor of the mark. Any party, who feels that their trademark is used without the permission of the concerned proprietor, can present its arguments in the court session against the infringement.
8) Global Coverage
The trademark registered in India, can be further registered in different nations globally. For the applicants intending to register outside India, an application along with an established goodwill in India can be presented.
9) Attracts Human Resource
Young talents are attracted by companies that have a name in the market. They want to work in a well-known company. The name of the company is established by the trademark. So people get attracted to work for these companies. Thus it attracts good human resources. Human resources is one of the most important raw materials of the company. Not only that the trademark attracts young and better human resource, but also it encourages the present reserve of human resource to work for the development of the company.
Initiatives Taken by the Indian Government for Ease of Trademark Registration
During the year, the Intellectual Property Office has been radically transformed through numerous initiatives that have contributed tremendously to easing of access to the Intellectual property (IP) system, efficiency in processing of IP applications, uniformity and consistency in the examination of applications, transparency and dissemination of IP information, bilateral cooperation at the international level, and raising the awareness level of the public.
Transparency and dissemination of information
The official website provides vast information relating to patents, trademarks, designs, and geographical indications. The real-time status of IP applications with entire file wrappers and e-registers is now open to the public, providing a strong tool to the public that can now be an integral part of the IP system. An innovative tool, showing the stock and flow of patents and trademarks applications at every stage of its processing, has ushered in transparency.
Modernization of Administration
The IP system embarked on its e-journey by introducing the complete electronic processing of Patents and trademark applications through specialized modules. To cater to the immense flow of the papers filed, a single central server at IPO Delhi is in place. Since India has a unique intellectual property office wherein there are 4 patent offices and 5 trademark offices, there is a need for strong intra-office connectivity. The system is unique in itself since there is automatic generation of application numbers as well as automatic allotment of the request for examination which is sequential and thus transparent and user-friendly.
- Online e-filing facilities– Comprehensive online e-filing facilities for patent and trademark applications were introduced in 2013-15 which provided the stakeholders 2 major advantages. First, an applicant can file an application virtually 24/7, and second, applications can be filed from the comfort of their workplace/ homes.
- Comprehensive payment gateway– The IPO allowed the e-filers the facility of using debit cards, credit cards, and Internet banking. This year, e-filers were given the facility of using debit cards, credit cards, and internet banking of over 70 banks for making payment of fees for all forms.
- 10% rebate on online filing- To encourage online filing of applications, a 10% rebate on online filing of applications and documents has been introduced; online filing has jumped from under 30% to over 80% in just a year
Fee Concession for MSME
MSMEs account for 45% of total industrial production and the total contribution of MSMEs to India’s GDP is 38%. To encourage them to innovate and seek protection for their inventions, a 50 % fee reduction has been provided for MSMEs.
Human Resources
An additional 1033 plan posts have been created, including 666 posts for Patents & Designs and 367 posts for Trademarks and GI at various levels. Already, recruitment is underway. Patent and Trademark examiners are also being taken on contract to deal with the backlog.
Madrid Protocol
The operationalization of the Madrid protocol for international protection of trademarks provides the user the facility of protecting his trademark in 90 countries by filing a single application in one language with one set of fees filed at the Trademarks Registry. Till June 2015, 13,666 international applications designating India have been received at the Trademarks Registry, India.
International Search Authority and International Preliminary Examining Authority
India has been recognized by the World Intellectual Property Organization as the 17th International Search Authority and International Preliminary Examining Authority in the world. It began its operations in 2014 and till date, 758 international applications have been received and 575 reports issued. India prides itself on providing quality reports at the lowest cost among international players like USPTO, EPO, JPO, etc. At present, it has been recognized as ISA/ IPEA for nationals of the Republic of Iran.
IPR Awareness Programmes
Awareness creation is one of the major planks of the modernization scheme of IP system, as this will educate the stakeholders about the benefits of registration of their rights and also educate the general public, particularly the business community, on the perils of infringement of IPRs held by others/ dealing in pirated and counterfeit products. These programs are also expected to sensitize the enforcement agencies such as state police forces, and the judiciary.
At Registration Arena, we are committed to providing continuous support for all your trademark search and TM Registration needs. Let us help you protect your brand and secure your intellectual property with our expert services.
