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There is an old saying what’s in a name? The truth is everything is there in the name. You take example of Apple, Microsoft, Tata, Reliance even an individual like Amitabh Bacchan or Sachin Tendulkar. Every one has their own identity and uniqueness. In commercial terms such names are called brand name, mark, or logo which is an identity of the organisation

Trademark registration is very simple but an important process for any business organisation. To describe the identity and uniqueness among competitors the brand name, mark or logo needs to be recognised in a legal manner.

Briefly Branding is the process of using a word or an image to identify a company or its products. Brand is the reputation or goodwill through which general public recognise the organisation

The importance of brand

1. To give legal identity to the product of the organisation.

2. To differentiate between organisation and its competitors.

3. To access exclusive right the product/ingredients/process.

4. To promote & increase sales.

5. To increase the revenue.

6. To promote goodwill and reputation.

7. To use some intangible assets to generate & explore tangible assets into productive assets.

Who can apply for trademark registration?

The trademark can be applied by anyone who uses or proposes to use the brand name, mark or logo for commercial purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.

What details can be Trademarked?

  • Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.
  • Any Slogan, Base or Punch Line, etc. which are used to describe any product better.

What basic process is required to register trademark?

1. Name -

  • It should be easy to recognise.
  • It should be easy to remember.
  • It should be identical to the product or service.
  • Prefer logo or unique name.

2. Design -

preferably design the logo from professionals so that its uniqueness and longevity will be useful in the future.

3. Documents -

If the brand is to be registered under firm’s name the documents of the firm or organisation are required. If the brand is to be registered under an individual’s name his/her documents are required. The general documents are- Shop Act Licence, VAT Registration Certificate, PAN or any other business proof.

Where to register? -

In India all trademarks and brands are governed & registered by Controller General of Patents Designs and Trademarks (under ministry of Commerce and Industry). The process is online and takes approximately 7 to 10 days to complete.

Uses of Trademark or Brand-

Once the brand gets registered you are eligible to use TM after the name or logo. After whole process of registration and inquiry from the department and resolution of no objections ®(R) mark is permitted.

Author is a Chartered Accountant by profession and founder of KUBERAADVICE.COM, a finance & investment consulting firm.

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