brand registration in Coimbatore – The primary function of a brand registration is to distinguish goods or services provided by a trader. So a brand is an important element of any business. because it does not identify a trader. It also tells customers that the goods or services with the mark come from a unique source. It differs from other sources for goods or services. The term brand is often use for both brand and service marks. The trade mark vs service mark difference is really very small, and these marks are essentially the same thing. The difference is that a brand promotes goods or products, while a service mark promotes services. It is a common use to display service marks as a brand or service mark. However, verse is not true; and we cannot refer to the mark attached to the goods as a service mark.
The terms “brand”, “copyright” and “patent” are often interchangeable and misused. Brands, copyrights and patents are all different forms of intangible property. That can be bought and sold, licensed or exploited for commercial gain. Each of them, however, protects completely different interests. Patents protect new inventions, inventions, and designs. While copyright protects original writing creations, such as paintings, computer programs, sculptures, and architectural designs. Trademark registration in Coimbatore, do not protect creation or research at all. In fact, brands can be obtain from any owner without creative or innovative input. For instance, when the public spontaneously referred to “Coca Cola” as “Coke”. The new word became the source identifier for the product, and thus the brand automatically.
Importance of brand registration
As it is clear from the above how beneficial it is to register a brand while running a business, let us now understand the importance of registration:
A TM provides a distinctive identity
Since the market has seen more and more crowds of companies and brands, it has become impossible to differentiate between them. Therefore, the only demarcation between companies for exclusivity to attract customers to stand out is to get a register brand for one’s brand and consequently enhance the business reputation on it.
A TM never ends
Brand registration in salem as mentioned above comes with a validity of 10 long years which can be renewed very easily after every 10 years before expiration and therefore, the brand is alive or the brand can last longer!
TM The shield works
It is fundamental for every entrepreneur to ensure that their brand is protect against competition. Now, if a person is working to create a brand that is already a registered brand by a person, he not only loses business and goodwill in that market, but also loses the convenience of restricting others from using the same brand. Therefore, protecting the brand will protect the brand / business, which further helps the person by preventing others from using the same brand.
A TM is economical
The cost of brand registering is a one-time cost. In addition, the duration and process of brand registration has been reduced satisfactorily. It now takes 6 months to 1 year to process a brand registration application.
Moreover, once a brand is register, it is valid for a period of 10 years which can be easily renew every 10 years before the expiration of the brand.
TM is an asset
A registered brand is a perfect asset for a business / brand / company that directly brings home goodwill. As a result, brand desirability flourishes with trade growth. In fact, register brands can be sale, transferred or purchased or even used as security to obtain a loan that is similar to other tangible assets.
Procedure for brand registration:
Step 1: Search for the brand
The applicant must be careful when choosing their brand. Then, there are already many types of brands available, once a brand is select, it is necessary to do a public search on the brand database that is available with the brand registry to make sure that the brand is unique and that there are no other brands. Brand search reveals all types of brands that are already available in the market, register or unregistered. The search further reveals whether there is competition for the same brand in the applicable brand.
Step 2: To file a brand application
The application for brand registration depends entirely on the goods and services to which the business relates, either in a single class or in a multi-class.
The registration application form is TM-A which can be filed either online either through the official IP India website or physically on the Brands Office Fee, which is subject to brand jurisdiction.
The application for brand registration should be supported with multiple documents with full details of the brand for which registration has been requested. Moreover, if the applicant claims a previous use in the brand, then the user’s affidavit must support the use with proof of its use.
Step 3: Examination of brand application by government authority
After filing the brand application, a mandatory examination report is issue by the examiner. After a detailed examination of the brand application in accordance with the guidelines of the Brand Act, 2016.
The examination report by the Authority may or may not disclose certain objections, which may be complete, relevant or procedural. The report of this examination is issue by the Brand Authority within 30 days of filing the registration application.
It is necessary to submit the answer to the report of the examination within a period of 10 days. Which has arguments and evidence against any objection to be waive.
Step 4: After the exam
After filing the answer to the examination report, the examiner (Authority) may appoint a hearing if they are not satisfy with the answer submit. After this hearing, the examiner may accept the mark and then forward the application for publication. In the journal or reject the above application if any objection still persists.
Step 5: Announce the brand
Once the application for registration in erode is accept the brand is publish in the Journal for a period of 4 months. The purpose behind the publication and advertisement is to invite the general public. To protest against the registration of the sign.
The Trade Marks Journal is available on the official registry website which is update every Monday of the week.
Step 6: Opposition from the general public
Post an advertisement and publication of a brand in a journal. Any attacker may file a notice of protest against the registration of the advertised brand. This notice of opposition to the brand must be fill by Form TM-O within 4 months of the publication of the brand Journal. If there is an objection / objection to the brand application, the due process of law must be follow in which the brand can be register with the submission of counter-statement application, evidence as well as hearing.
Step 7: Register the brand
The final step towards the whole process is the registration where the application proceeds towards registration after winning the objection and / or objection against the registration of the registered brand. In addition, if there is no objection to brand registration during the months of advertisement / publication period, then the brand is given a certificate of auto-generated registration during a period of 1 week. Once the registration is complete, it is value for a period of 10 years, after which it will need to be renewed during the prescribe period