What is Intellectual Property Rights?
Back before decades, there was a very minuscule existence of the Intellectual Property Rights Concept (IPR), but as the world is narrowing & moving towards digitized globalization, the significance of Intellectual Property Rights has witnessed a continual upward graph.
Intellectual Property Rights are the intangible assets created out of the Human Brain. As the word clearly suggests, intellectual relates to intellect, which more or less means the power of the human mind, so basically, these are the rights given to individual persons over creations of their minds which includes but not limited to ideas, innovations, inventions, brand name, designs, literary work, artistic work and more of such creations of the human mind. They generally give its creator an exclusive right to use such creation for a certain period. Putting in simple words, Intellectual Property is a product of human intellect which is not tangible but has value in the market.
Why GST?
In this dynamic world, IPR plays a vital role, as in the current digitized scenario, the risk of creative ideas, innovations, etc. getting stolen without the creator’s authorization is the biggest threat. Well quoted fact says “Humans created Computer, Computer don’t create Humans” which perfectly amplifies the importance of creative human brains and how important it is to protect such innovative creation from unauthorized use. Intellectual Property now better known as ‘Intellectual Capital’ has become one of the prime forces driving wealth in present international trade and widening of National as well as State Economies. Trademark too is a type of Intellectual Property Right, which we would understand at length below.
What is a Trademark?
‘Brand name’ the most sort to word used in today’s ever-evolving world has great relevance with the term Trademark. The word Brand name is the most used annotation for referring to a Trademark. In layman’s language Trademark is a type of intellectual property consisting of a visual sign, symbol, name, design, device, label, or combination of colors used to identify goods or services of a particular business from its competitors. A trademark symbolizes the value or goodwill associated with the goods or services of a Brand and its specific source which distinguishes it from others. Trademarking your Brand name would not only protect your Brand but would also secure the goodwill & reputation attached to it and would curb any unauthorized use of your Brand name. This kind of intellectual property can be owned by an individual, business enterprise, or any legal entity.
Trademark Registration in India
The Trademark Registration in India is governed by The Trademark Act, 1999, and administration of the same is the responsibility of the Controller General of Patents, Designs and Trademarks. The Trademark Act, 1999 defines Trademark “as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.”
The 1991 Economic Reforms marked the introduction of Globalization policy in India, which boosted International Trade throughout the country, and gave a global platform to our businesses. With the globalization of trade, brand names, trade names, marks, etc. have attained an enormous value that requires uniform minimum standards of protection and efficient procedures for enforcement, which was enforced via The Trademark Act, 1999. Factually, it takes a lot of hard work, resources, and intellect to build a Brand that carries your Goodwill. Hence, it is essential to make sure that your business Brand has an exclusive right over your creation including the Brand Name, Symbol, Slogan, Shape, or anything which creates a distinctly unique identity of your brand in your customer’s mind. The 1999 Act, allows you to register your Brand Name in India, making you sole authority to use such Brand Name to endorse your products. It not only protects your Brand Name but also restricts others from the usage of a similar brand name and also has provisions relating to infringement (violation) of Trademark.
The process of Trademark Registration in India is a step-by-step process that can be completed via the online or offline application with the Trademark Registry. Have a look at the below image for greater clarity upon the registration process:
Step 1: Trademark Search – Checking availability of the Brand Name in particular suitable Trademark Class.
Step 2: Filing Trademark Application – Form TM-A to be filed with Registry for online Trademark application.
Step 3: Trademark Examination – Initial examination of the Trademark application by the Registry Officer. If the application is complete and accepted, the application moves to Step 4, and if not accepted it is marked as objected, for which the applicant has to file a reply.
Step 4: Trademark Publication in Journal – The application at this stage is advertised in the journal for a compulsory period of 4 months. In case, any party has any objection to the application, he/she may raise third party opposition in a span of 4 months. If no opposition is raised, application moves to Step 5, and if the opposition is raised before the expiry of 4 months, the application moves to Hearing with Registry.
Step 5: Trademark Registration Certificate – Once the entire application passes through all the above stages including Journal Publication, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Trademark Renewal - The trademark can be renewed perpetually after every ten years.
Reasons why you should go for Trademark Registration.
Interesting, Easy to speak & remember, and unique are some key features of a Good Trademark. A good trademark creates Brand Value and actually leaves a mark on its customers as it has the power to influence. To know the major reason for not missing on Brand protection, we can consider the value of top brand names, such as Apple, Google, Tesla, Microsoft, and ample of more.
Below are the reasons why should you go for Trademark Registration:
- Exclusive Statutory Right over the Brand Name Trademarked.
- Curbs and restricts unauthorized use of same or similar Brand Name.
- Creates Unique Identity of your brand and your products in the market.
- Builds Credibility & Goodwill.
- Creation of Intangible asset, which also creates a commercial market value for itself.
- Creates Brand Recognition and uplifts the Brand value.
Consequences of not registering your Brand under Trademark
Trademark registration offers many benefits, the most important of which is the ability to prevent or stop unauthorized use of the trademark. Although, there are several way outs under common law to help your brand but there is no legal protection available anywhere except the 1999 Act. We have already discussed at length about the trademark registration process and how significant or imperative it is to protect your Brand Name with Trademark. Trademark registration gives the owner of that trademark the legal right to use it, so if you don’t register your brand name or logo as trademark there is no guarantee that you have the right to use them. Non - registration of the trademark may also lead to the fact, where another person or entrepreneur may start using your Brand name or logo and take undue advantage of your Brand goodwill. There is no legal protection available that your business can take shelter from under the law in case of infringement or unauthorized use of your Brand if not registered under The Trademark Act, 1999. So, it is always preferable to secure what’s yours with the aid of the law.
