The logo, tagline, brands, and labels of the services or products presented by the company must be registered. The registered trademark has a huge benefit when compared to the non-registered trademarks. There is a misconception that companies registered with the RoC – Registrar of Companies often provides trademark protection. But the truth is that it does not have any connection related to the Trademark Registration. The Registration of Trademark is very useful in cases where the business is expanded or transferred, passing or infringement off claims.
When a company is started and registered, the very next step should be the registration of the Trademark as it will give your brand all-round protection.
One may use the trademark of other organization without prior knowledge or information. This may lead them to the legal notice and will have to struggle at the end. So before using a logo, make sure it does not belong to any other organization or company.
Clarity of Goals
Never haste in deciding the logo for your company. Take time and think about what exactly you would like to deliver it to the audience as the logo will define and name the company.
The trademark must be chosen carefully and should be creative and unique. It should very well go with the company’s name. The company’s mission and vision should be stated through the trademark.
If you wish your brand to be valued or recognized then the only best option is to register the trademark. The benefit it offers is the priority and the exclusive rights and legal reckoning of ownership. Once it is legally registered, then none can claim or use it without your consent or permission.
The companies which have their services or products sold online or own a website must consider an option of Trademark Registration. This will give an opportunity to be recognized worldwide and also will have great exposure. The business who sells their products or services to international customers can easily obtain registration in foreign countries with the help of trademark registration.
Valuation of Business
The trademark serves as the most treasured assets of the company. If there is a plan for business expansion or to raise investment, then the registration will add 10 times more its value. The buyers or investors highly consider and value the company which have their registration in comparison to the non registered companies. The unregistered companies lose their worth and the customers because of such simple registration.
Enforcing Trademark Rights Against Infringes
The registered trademark is a sign to show the legal ownership and rights of the trademark. It also gives you full freedom to take civil or criminal action against the infringes. The registration will prove your plus point and the court will identify your ownership. The defense will be charged guilty and will compensate for the damage occurred.
Many companies take a backseat when it comes to trademark registration. They decline thinking that it would affect hugely on their pocket. It is a myth that the trademark registration is expensive when compared with other registrations. Also it should be renewed once in 10 years making it easier and cost-efficient.
The present picture of the trademark usage must be shown at the time of submission. The pictures must make it clear that the trademark is presently being used in the industry and is the identification of the company’s products or services. One can officially use the trademark symbol only after the successful process of submission.
The time taken for the newly submitted application is around 3-4 months. One must not lose track of the registration process and must check every 2 months to see if the application has not been missed or lost. The status can be checked through the MCA’s official website.
There are chances of the application to be lost or missed. It should be our effort and struggle to get the approval as there may be millions of applications waiting to be approved.
The unregistered trademark finds protection under common law rights. But it is not sufficient and adequate when it is compared with the registered logo. So it is better and wise to register than repenting at the end.