A trademark would be a sort of intellectual property that consists of a recognisable sign or statement that distinguishes a specific source’s goods or services from those of everyone else. A trademark’s primary function is to assist with identifying the root cause or origin of items or services, and to designate the source / serve as a mark of origin. A registered trademark comes with some unique rights.
Several firms can apply for their trademark on goods packaging or even on the product directly. It protects the goods’ brand/mark from unauthorised use by others. The trademark owner has the legal right to sue anyone who uses his trademark without permission. The cost of trademark registration is complicated by the number of processes and expenditures involved.
Throughout India, trademark infringement is recognized by Section 29 of something like the Trademarks Act of 1999. Trademark infringement occurs when an unauthorised person utilizes a trademark which is similar or nearly identical to a registered trademark.
Online trademark registration is a time-consuming process that can take anywhere from 18 to 24 months to complete in a case with no challenges or opposition. The trademark application number, on the other hand, is normally issued within one or two days of filing.
DailyHawker says, Any individual who wants to get a registration certificate must hire a qualified specialist. Now and then, a competent professional provides you with advice. Hiring an expert will reduce the likelihood of mistakes and omissions.
Various types of trademarks include
1. Trademarks for services
Trademarks for commercial services help to protect service-oriented businesses. To safeguard their brand identity, hoteliers, healthcare providers, carriers, transporters, and retailers commonly employ this method. Goods and products are not included in these trademark classes.
2. Collective Trademark
The word collective trademark suggests a collection of persons who seek trademarks. This sort of trademark enables a group of enterprises to gain protection and make the public knowledgeable of different aspects of their product.
3. Trademark for Certification
Such trademarks aid in the definition of a product’s or item’s standard. It assures customers that perhaps a product has completed the necessary testing and is of high quality. Electronics firms utilise it the most to determine the quality of their products.
4. Unconditional Trademark
Trademarks that seem to be distinguishable from everyone and gain recognition because of this trait.
Cost Break-up of registering a trademark in India
Government costs with professional fees make up the cost of trademark registration. The distinction between government and professional fees would be that government fees are uniform across India, while professional prices vary by person. The government charges Rs. 9000 each application per company class for trademark registration. Individuals must pay Rs. 4500 each application per class to register a trademark with the government.
1. Registration cost
Every class would be charged separate costs for marks, and sequences of marks, including linked marks. Higher fees will apply to further registrations in convention countries. The cost of filing a single mark in just one single class is Rs.2500/-, and then each further class is Rs.2500/-, while the cost of registering one collective mark is Rs.10000/-. The cost of registering marks in a common law country is Rs.10000/-, plus fees for each class. Furthermore, the World Intellectual Property Rights Organisation would demand different costs for registration within every member country that you would like to register in if you want to register internationally under the Madrid Protocol.
2. Professional fees
Numerous applications have been refused due to the registration of previously registered marks. As a result, hiring a professional to handle the registration procedure is often a good idea. When it comes to trademark registration, trademark databases, or the availability of various logos, an intellectual property lawyer could be recruited, as he will provide sound legal guidance on all legal issues.
3. Legal fees for an objection
The government may reject your application at any time. The government’s objection is based on the existence of an established brand name/logo symbol. When registering a trademark, each party should be using a distinct name or symbol. If the government objects, you will need to engage a lawyer.
4. Legal fees for opposition
The opposition works similarly to the objection. The distinction between the two would be that opposition comes from outsiders, whereas opposition comes from the government. Several third parties or opponents have made claims against businesses seeking registration for utilising similar trademarks or emblems. There are also allegations that if the application is approved, it will result in a misuse of intellectual property rights.
5. Renewal fees
Renewal of marks would be charged at Rs.5000/- for every mark within every class, but Rs.10000/- for just a collective mark renewal.
A trade mark’s correction or removal charges Rs.3000/-.