Trade Mark (TM)

In today’s competitive marketplace, it is more important than ever to protect your brand. A trademark (TM) is one of the most vital tools that safeguards your brand identity, reputation, and uniqueness. It gives exclusive rights to use the brand elements such as logos, names, slogans, or symbols in such a way that no other person is allowed to copy or misuse them legally. Whether you’re a startup or an established company, obtaining a trademark can be one of the most valuable assets for your business.

What is a Trademark (TM)?

That word, phrase, or design is actually referred to as the trademark. It is the symbol that represents your goods and services and is therefore a representation of your product differentiated from others. It’s represented to convey the legal right that bars any person to create the products and services of that company to look the same before the consumers. Trademarks can be virtually anything and hence one finds business names; logos; slogans; names of products; designs for packaging; brand sounds and jingles.

Once you have registered your trademark, then you become entitled to rights that are exclusive on its use with the products or services offered to prevent others from utilizing a similar mark that will lead to confusion among your customers.

Advantages of Trademark Registration

• Legal Protection: once you have registered your trademark, you will be given all rights over your name, logo, or any other word. If someone wants to use a similar mark, you can take law measures to protect your brand.
• Brand Recognition: once you have registered your trademark, it will help in the presence of your brand in the marketplace, and the customers will easily identify your products or services.
• Rights to be Exclusive: On acquiring the date of registration, you will have a right exclusive to its usage regarding the goods and services to which the mark has been applied. In this respect, it rules out potential opportunities wherein other competing persons start applying the same mark.
• Value Add-on to Business: Trademark adds a value to your business with respect to creating Intellectual Property for you to sell, licence or even use as collaterals to finance any business need.
• International Protection: Trademark registration can be extended internationally so that you may protect your brand across different countries and regions.

How to Register a Trademark

The registration of trademarks involves several critical steps before ensuring your brand is safe legally. Here is a break down for you:

1. Searching Trademark: Always ensure that you make a perfect search before submitting your application for a trademark. In that case, this process must be done comprehensively before getting into an application stage, which avoids possible clashes of law.
2. Preparing Application: Once you are convinced that the trademark is available, then one should prepare the application process. This will involve the provision of more information on the trademark as well as its name, logos, and the goods to be associated with.
3. Submit the Application: Filing trademark application to a country’s trademark office in the country where one intends to use the mark, like the USPTO for United States trademarks; at times this requires paying an application fee.
4. The Process of Examination: Once filed, the trademark office will process your application. This encompasses an examination to determine if your mark is registrable and not a duplicate of marks already existing; if it does, there may be a request by the examiner for further or amended information.
5. Registration and Objections:  After the trademark passes through examination, it is then published in the official journal for public objection. For a period of time, third parties may file opposition against your trademark for probable confusion with theirs.
6. Trademark Registration: If there are no objections or opposition and fulfill all the requirements then this will be registered under trademarks in the official records and there you will get your Certificate of Registration that states having exclusive rights over a particular mark.

Documents Required For Trademark Registered

Providing the following document/ details is required to have success in trademark registration,

1. Trademark Name/Logo : An obvious representation of the trademark you want to register-it can be either logo or wordmark but, as in the design element; high-quality picture for a logo.
2. Business Details: A The business’s name, address and status: this is the single person/sole proprietor, partners/corporation, etc.
3. Description of Goods or Services: The description of the goods or services that your trademark is going to be associated with. This should be as descriptive as possible to cover all the relevant products or services.
4. Trademark Class: The trademark system uses classification codes, known as NICE classification, in classifying goods and services. You have to state the correct class or classes your trademark falls under.
5. Proof of Use (if claiming on Actual Use Basis): If you are using the mark in commerce now, you would need to include evidence of that, which might include an example of a product label, packaging, or advertisement containing the mark.
6. Priority Documents (If Necessary): If you file trademark protection in more than one country or region, you would need to provide priority documents from other jurisdictions. Which would include a trademark application previously filed in another country.
7. Power of Attorney (If Necessary): If you appoint a trademark attorney or agent for filing the application on your behalf, you would have to attach a Power of Attorney.
8. Application Fee: Pay the relevant trademark application fee. Fees vary by jurisdiction and the number of classes for trademarks you are applying for.

Types of Trademarks

• Word Marks: A trademark that is made up of words, letters, or numbers such as “Nike”.
• Design Marks: A trademark created by using a logo or a design, for instance, the apple company logo.
• Combination marks: A trademark that is in a combination of words combined with any form of designing (like in the case of the Coca-cola, with a logo).
• Service marks: It covers services, rather than products (FedEx, as a delivery).
• Sound Marks: Done to protect special forms of sound that are associated with a brand. For example, the Intel ditty.

Trademark vs. TM Symbol

The TM symbol indicates that you are claiming rights to a mark, but it does not mean the trademark is registered. Normally, it is used during the application process or when you want to assert ownership of a mark that has not yet been registered with the proper authorities.

Once your trademark is registered you can use the symbol® that indicates the trademark received legal protection. It, using the ® symbol before your trademark registration comes with a legal effect.

Period of  Trademark and Renewal

• Period: Usually from the date of its registration, a registered trademark stays for 10 years. That is in most countries around the world.
• Renewal: A trademark may be renewed without any restriction, if it is in continuous use in commerce and is not abandoned.

Record of renewal dates for keeping on enjoying the legal protection for your trademark.

Why Trademark Registration with Us?

• Professional Guidance: We keep you updated with every single step as regards to the trademark registration process, right from the search till its filing.
• Thorough Research: We perform the most comprehensive search on trademarks. This assures that your mark is one that has never been made or does not conflict with the existing ones.
• Tailor-Made Service: It gives services depending on your kind of business or trade.
• International Protection: We may have your trademark registration enhanced in other overseas countries; in this manner, your trademark is guarded around the world.
• Continuous Backing: We offer full support right from registration and up to the date renewal. That way, you are always assured of valid and protected trademark status

Make that Registration into a Trademark Today.

Be ready to protect your trademark through securing intellectual property and consult with our experts. Through that service we will lead you to getting the trademark registered with careful attention towards legal rights preservation.

Frequently Asked Questions (FAQs)

1. Is it compulsory to register my trademark?

Although not compulsory, registration of a trademark is necessary because that’s where legal protection as well as the right exclusively to use the mark will arise. It is highly advisable for businesses that intend to protect their brand.

2. Is the TM symbol usable before trademark registration? 

It is possible to claim the ownership of a trademark even before it is formally registered by using the TM symbol. However, avoid the use of the ® symbol until after you have registered your trademark.

3. How long will it take to file for a trademark application? 

Some could take some months and go up to a whole year depending upon the trademark office with which a person decides to file as well as based on several objections/challenge during registration.

4. Can one transfer my trademark? 

It is very possible, with trademarks transferring and selling one to another under what is popularly termed an assignment.

5. What do I do if someone is infringing my trademark? 

If they are using your trademark without permission, you can claim that they have infringed on your rights, and you should begin taking actions such as sending a cease-and-desist letter or filing a lawsuit against them.