In the business sector, a trademark is any legally registered symbol, term, phrase, logo, design, or any combination of these that uniquely identifies and distinguishes the source of goods or services offered by a certain company or individual. A trademark is a particular type of symbol used to identify and protect distinctive goods, services, or enterprises. It is commonly represented by the symbol ™. Consider well-known logos like Apple Inc.'s bitten apple or McDonald's golden arches. These symbols enable us to quickly identify and have faith in the source of the goods we purchase or use.

Now, let’s look at how to get a Trademark:

• Trademark Search: It is mandatory to search for the availability of the trademark. This makes sure your trademark is available and not already in use. The concerned Trademark registry has all the records of the existing trademarks that have been registered under them, which helps identify the availability of the trademark.

• Filing the Application: Once your trademark's uniqueness has been established, you can use Form TM-A to submit an application. You can accomplish this in person at the Trademark Registry Office or online using the official IP India website. Recall that each application should be for a single mark within the appropriate class of products or services. Include all required documentation, including trademark details. If claiming to have used the trademark previously, provide proof of usage in the form of an affidavit.

• Examination Process: After filing the application the concerned registrar will examine and review your application. If there are objections, you will receive a report which you have to reply to within 30 days. You should address all the concerns that are raised by the competent authority or the examiner.

• Trademark Publication: When the examiner checks and confirms that everything is up to the mark then your application will be published and advertised in the Trademark Journal for the upcoming four months. This gives a time period to the opposition if anyone wants to raise an objection to your application.
• Addressing Opposition: During the four months, anyone who objects to your trademark must file a notice using Form TM-O. The other party may believe that your application will lessen the value of their brand or that their current trademark is too similar to yours. In the event that there is an objection, the registration process will be put on hold while you handle certain legal proceedings, which may involve presenting counter arguments, producing supporting documentation, or even appearing in court.
• Final Registration: If there is no opposition raised, you’ll receive a registration certificate. These documents prove that you have officially registered your trademark and are still valid for a decade.

 Advantages of Registering Your Trademark:

 Establishing a trademark for your company has a number of important advantages.

• Legal Defense: You are the only person with the right to use a trademark in connection with your goods or services if you register it. Thanks to this legal protection, you can stop others from using a mark that is similar to yours in a way that could mislead customers or weaken the identification of your organization.
• Protection against Infringement: After registering a trademark it will assign an intellectual property right to the product and to the owner which provides exclusive and entire rights. The product or the service will be protected from infringement by any third party who uses your mark or logo without your prior permission. A trademark infringement occurs when an unauthorized party uses a trademark that is confusingly similar to or identical to the original owner of a registered trademark to promote goods and services that are part of the same class of goods or services for which the original trademark is registered.
• The ® symbol may be used by the registered trademark owner to denote their exclusive rights. Given this, any owner of a registered trademark may file a lawsuit to obtain compensation for violation of their exclusive usage rights. The Act's Sections 27 and 29 grant the rightful registered owner of the trademark the ability to file a claim for infringement.
• Create an Intangible Asset: A registered mark acts as an asset, the owner doesn’t have to go through enormous struggles in providing distinctiveness to prove the false representation. Trademark plays an important role in aspects of Accounting and Income Tax.
• The fact is that these trademarks can be bought, licensed and used commercially to generate revenue for the businesses. Any owner can sell or buy a trademark as a source of income. The economic worth of a trademark rises in tandem with the expansion of the company and the mark's appeal. The trademarks' cost or value can be noted in the account books, and they can also be used to claim a record revenue or depreciation reduction.
• Attracts New Customers: Additionally, trademarks aid in the growth of the business by drawing in new customers who will begin to associate the company's worth with the signs that symbolise it. More customers and clients are drawn in as a result of the company's trademark being seen favourably.

Documents required to get Trademark Registration:

• Registration Certificate:
• Deed of Partnership
• Aadhaar Card
• Pan Card
• FORM Tm-48
• Submission of the Logo

Conclusion:

It is essential to comprehend the intricacies of a trademark search in order to protect the uniqueness of your brand. A trademark can make your business a brand and you should know how to get a trademark to protect your brand. This blog gives you a basic explanation of the procedure along with helpful resources to help you along the way. Use Online Legal India's resources to learn more about brand name availability. Speak with our Online Legal India experts. The experts of Online Legal India are vastly experienced and have catered to a lot of clients till now. Most of the clients are happy with the services they get from Online Legal India.