In recent years, there has been a consistent rise in the number of trademark application filings and registrations across India. Copycats are active and constantly look for unprotected brands. Brand owners and attorneys have recognised this, and are now focusing on trademark registration and monitoring.
More than 5 lakh trademark applications are filed annually in India. It clearly indicates that people are now much concerned about their intellectual property, which is their creative DNA, and thus, they are more inclined towards its protection. Trademark registration is a key tool that helps brand owners safeguard their IP wealth.
What is Trademark Registration?
Trademark registration is a process that is centred around protecting a brand, logo, name, slogan, or even a design in order not to let copycats and infringers benefit by misusing it and reaping profit out of it. It ensures originality and prevents unauthorized replication.
Relevant Trademark Registration Trends to Look Out for
Let's look at the relevant trademark registration trends along with what's going on in the IP ecosystem.
- India has taken a giant leap forward, with a 44% surge in IP filings over 5 years. Digitisation, as well as key reforms, have given it a significant boost.
- 95% of IP filings now take place online.
- NIPAM, a flagship Indian initiative by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM), reaches over 25 lakh students.
- The space of Geographical Indications (GI) witnessed a maximum growth, i.e., 380%. The second spot is grabbed by Designs in terms of growth, i.e., (266%). The further spots, along with their respective percentages, are as follows: Patents (180%), Copyright (83%), Trademarks (28%), and SICLD (expanded as Semiconductor Integrated Circuits Layout Designs) - a 20% rise.
- Initiatives by the government, such as Make in India and Startup India, serve as a force of encouragement for startups and MSMEs, driving them towards registration.
- The world is going digital, and so is our IP industry. Trademark steps such as filing, tracking, and hearings take place online.
- Modern-day AI tools are improving search results and minimizing the scope for errors.
- Trademarks such as sounds, colours, and animations are in the limelight.
Benefits of Trademark Registration
- In comparison with non-trademarked brands, trademarked brands grow 10X faster with a layer of additional security.
- Trademark registration is a way to protect your logo, name, and tagline legally.
- Looking for an instant boost in your brand value? Trademark registration is something that must be on your bucket list.
- Copycats are roaming with a mindset to attack. Don't let them steal your intellectual property.
- Legal battles are usually troublesome. Trademark registration will help you win the legal war.
- Eyeing global expansion without the fear of infringers? Think about trademark registration.
Documents Needed for Trademark Registration
Have a look at the documents needed for trademark registration in India-
- Applicant's/Company's Name
- Business Details
- Business Type
- Brand/Logo/Slogan Name
- Applicant's Identity Proof
- Business Address
- Power of Attorney (PoA)
- Class Details
Common Challenges People Face While Registering a Trademark
- When the name is generic or similar, you may come across an objection from the registrar.
- In case someone observes that your trademark resembles theirs, they may raise opposition.
- If you opt for the wrong class, chances of partial or no protection are likely to be high.
- In case the objection arises, the processing time will increase and may extend beyond 18 months.
- Poor documentation may lead to delay or rejection.
As we know, trademark registration is of utmost importance; there is also one more term that needs urgent attention: trademark monitoring. It is critical to protect your brand's reputation, market value, and integrity. Recently, Entermark has launched an AI-powered trademark monitoring software that uses artificial intelligence and machine learning to monitor your trademark and protect your brand through its 360° TM management suite. This software seems to be a game-changer for attorneys, startups, and corporates.
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