Trademark For Manufacturing

Every manufacturer requires protection against unfair competition in the market and to resolve this issue, he gets his product Trademarked. When put in simple words, Trademark means a sign or symbol which distinguishes the goods or services of one person from those of others. The Product can be distinguished based on the shape, color combination or packaging, etc.

WHY SHOULD WE APPLY FOR TRADEMARK REGISTRATION?

Getting the Trademark registered provides protection for the goods and services and at the same time provides a separate space for such goods or services in the market. Obtaining Trademark registration is important due to following reasons:

  • Trademark registration is an intangible asset for the business as it provides value addition to it.
  • A registered trademark helps in the distinguishment of goods and services from those of others which protects us from unfair competition.
  • A registered trademark helps in cost saving in the process of advertising and promotional activities.
  • A registered trademark makes you stand out from the crowd and helps to reach a wider consumer base.
  • A registered trademark acts as a security shield as no other person or competitor can use such a logo or trademark.

WHAT IS THE PROCESS FOR REGISTRATION OF A TRADEMARK?

In simplified terms, the process for trademark registration includes the following steps:

The search of Trademarks: The very first step includes the search of trademarks where we check the class under which the trademark is required to be registered. It helps to know if any other similar trademarks exist.

Filing Trademark Application: After making the Public search for the trademark, the second step is making an application for registration of the trademark to the Trademark Registry of India. The filing of such an application can be done online after payment of the requisite fee.

Examination of Trademark: Under this stage, the Examiner examines the filed trademark application. Such an application can be accepted or objected to by the examiner. Once the application is accepted unconditionally by the examiner, the trademark is published in the trademark journal.

Publication of Trademark: The trademark is published so that anyone who has any objection to the registration of a trademark can oppose the same. The decision is passed after considering the objections received from the public (if any).

Registration of Trademark: If the trademark is registered, a registration certificate is issued in favor of such trademark.

HOW TO APPLY FOR RENEWAL OF TRADEMARK?

The registration of a trademark is available for ten years. To avail of the benefits of a registered trademark, an application for its renewal in a prescribed form is required to be made to the Trademark Registry along with the payment of applicable renewal fees.

WHAT IF THERE IS AN INFRINGEMENT OF THE TRADEMARK?

The trademark Act, of 1999 protects against the infringement of the trademark. Infringement of Trademark means unauthorized use of a mark that is similar to the registered trademark.

As per the law, the infringement of a Trademark is a cognizable offense and in case of infringement the court may award the following remedies in favor of the registered trademark holder:

  • Order of destruction of goods infringing the trademark
  • Award cost of legal proceedings
  • Make an order for a permanent or temporary injunction
  • Account of profits (damages equivalent to the earnings made from such infringement)
  • Provided that, in the case of Criminal Proceedings, the court may impose the following penalties:
  • Order of imprisonment for not less than the period of six months which may extend to three years.
  • Imposition of a penalty of not less than Rs. 50,000/- which may extend up to Rs. 2,00,000/-

Henceforth, getting a trademark registered acts as a security shield for a manufacturer, and at the same time, it helps the manufacturer to stand out from the crowd. So, every manufacturer must get its product trademarked.

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