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Why Protect The Slogan For Your Brand Under Trademark Registration?

Do you know the power of a catchy slogan or a memorable phrase for your brand? If you have already realized that then is the right time to protect the rights over it through online trademark registration. When you hear the words ‘Taste of India’, it obviously reminds you of the Amul brand. This is the strength of your unique slogan.

Reasons to register a slogan as a trademark

Successful brands embrace an outstanding brand strategy of creating a message that establishes a connection with the brand for customers. This is where a slogan stands.

✔     If a brand regularly uses a slogan in its ad campaigns, then to claim the exclusive rights it should apply for trademark online.

✔     When you have the slogan registered as a trademark, then you don’t leave chances for others to use your unique slogan.

✔     With a distinctive slogan, you increase the reputation of your brand

✔     Just similar to commercials on TV, catchy slogans that are repeated will grab the attention of people.

Trademarking a slogan – What is the procedure?

If you intend to register your slogan, then you should apply in writing to the Registrar, under Section 18 of the Trademark Act.

1.     The foremost step in the process to apply for trademark is choosing a distinct and original phrase.

2.     Do the Trade Mark Classification Search

3.     Conduct a thorough trademark search to find out whether any are similar to the existing trademark.

4.     Apply for your trademark and submit the application

5.     The Registrar conducts the examination for the trademark registration

6.     If there are no objections found, then they will publish the slogan, and trademark it in the trademarks journal.

Get started with Muthirai

If you already started using slogans for your branding, then is the best time to start registering a trademark for your slogan as soon as possible. Section 2(m) of the trademark recognizes the slogan as a ‘’mark’’. So, make sure to claim the rights with the professionals in the industry.

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Trademark Rectification, Rectification of trademark - Muthirai

Rectification Of Registered Trademark – What To Know

Have you made any errors while filing your online trademark registration? No more worries, when you have the support of experts at Muthirai. We can help you in rectifying the errors or any omissions that you have made in the registration of trademarks. However, we want you to know the procedures behind the process and how we do it.

Trademark Rectification

It is a legal process in which rectifying an error takes place in a trademark from the registrar of trademark authority in India. The trademark rectification process not only involves the correction of errors but also you can make any changes or alterations want to do in the trademark application.

What are the grounds for rectification?

When you apply for trademark online or while posting the registration, if realized that there are some minor errors or alterations, then you have to file for rectification with the Registrar of trademarks.

✔     To change the details of the applicant including his address or contact information or any other details

✔     In order to rectify any errors in the application

✔     To make changes in the description/classification of goods or services

✔     Any error information with the entry in the register of the trademark registrar.

✔     For trademark class change

✔     To change the design or mark or any content of the mark

✔     All other relevant grounds as prescribed by the registrar

Where do you have to file for trademark rectification?

You can file a Trademark Rectification application before the Trademark Registry or the Tribunal that has given an order regarding the rectification. In most cases, Trademark Rectification applications can be filed in the trademark office where the trademark application is originally filed for registration.

Trademark Rectification proceedings

⮚    Carefully draft the application with all relevant and proper information for rectification

⮚    File your form with the Trademark Registrar

⮚    Submit the required documents

⮚    Verification of documents will be done

⮚    After hearing from both parties, as well as after rectifying the evidence, an order will be passed to rectify or alter the trademark register.

Have trademark rectification/ alteration without any hassle through Muthirai.

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How Can You Avoid Trademark Objections? – Know The Grounds For It

Faced trademark objection with your online trademark registration? It doesn’t mean your claim has been denied. It implies the registrar demands an explanation about the authenticity of the mark and its distinctiveness. You probably need expert support if you have received an objection under sections 9 or 11. And Muthirai is right here with you.

Trademark objection

This is a stage where the Trademark examiner raises an objection to your application during your Trademark Registration process for a number of reasons.

This is a common procedure, which happens when they observe a trademark to be similar or deceptive in nature to an existing trademark.

What are the reasons for trademark objection?

So, you have prepared well to apply for trademark online. And you have done the same. However, what is the probable cause leading to objection?

✔     Due to any misleading or false information

✔     The trademark is identical or comparable with a trademark that has been already registered

✔     Contains any matter that is likely to hurt the religious sentiments of any citizens;

✔     The trademark can be against the law or prohibited by the law.

✔     It is devoid of its distinct character.

✔     Any Mark which may lead to doubt of its origin among the consumers will end up with the objection

✔     If there is any sign of offensive words or obscenity or any images found in the mark.

How to avoid it?

If you are about to file trademark online and like to avoid the grounds of objection, here are the things to consider.

⮚    Ensure your trademark is unique

⮚    Avoid any trademark names that belong to any incorporated company or any e-commerce websites

⮚    A strong and thorough trademark search should be taken

⮚    Have your search report printed, before you are filing the application Despite the fact that any popular trademark is not registered, you do not try to trademark them.

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Guide On Trademark Logo Registration – Protect Your Rights

Branding is a fundamental need for a business to establish its identity. Here a unique logo stands as a strong mark that ensures a distinctive recognition among the audience. Thus, a logo becomes an important intellectual property. In this sense, if you want to protect your exclusive rights over it, you should look out for online trademark registration for the logo.

Trademark a logo

Typically, a logo is a graphical representation and it serves as the visual representation of a brand. This is the vital element used by consumers to recognize your brand. Thus, it is necessary to protect your reputation and ensure that the particular logo is yours. To protect your valuable business assets, trademarking a logo is the best method and to apply for trademark online for a logo is an important step that you have to take.

Trademarking your business logo – steps involved

1.     Design your logo

Before you are ready to make legal protection, you should create a unique brand logo. Either you can use a logo maker and avail of professional services for logo design.

2. Trademark search

The foremost step in a logo trademark registration is to search for its uniqueness by checking for its availability. After you have confirmed the uniqueness, proceed with the filing.

3. Filing a trademark application

Once the logo design is completed and assured of its availability (no other businesses use a similar one), now you have to proceed to file trademark online. The process can either be done online or offline at the Trademark registry.

4. Trademark examination

Once you have filed the trademark application, an examination will take place. This examination is usually done within a month. The Examiner can accept/object to the application under Sections 9 & 11. If it is accepted, your trademark gets published in the Trademark Journal. On the other hand, if it is rejected, those objections mentioned in the report have to be fulfilled within a month.

Trademark Logo registration from Muthirai

Muthirai can help businesses legally protect their brand logo and realize every regulatory obligation related to Trademark Registration.

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An Essential Guide For Trade Mark Application – Tips To Know

Every business is intended to protect its rights which can be provided by the Government. If you have realized the importance of protecting your brand value and gaining legal rights over the brand identity, then you should know about online trademark registration.

Trademark – What is this?

To put it in simple words, trademarks are unique symbols that identify your business, its specific products, or services. They can be anything such as logos, signs, images, texts, etc. If you want to get the protection of rights, you have to register the trademark.

Tips for filing a trademark application

So, who are the people able to apply for trademark online? The trademark registration is open to all business organizations and individuals.  It can be done either in the name of an individual or in the name of a business.

✔     Trademark has to be filed within the territorial limits of the trademark Registry

✔     You can submit the application for a trademark either at the front office or submit it physically or through post or e-filing.

✔     E-filing of the application has to be done at ttps://ipindia.gov.in/

✔     Once you are ready with your business and get it registered, you can start the process of filing a trademark application.

✔     Trademark search is the foremost step you have to carry out before you apply for trademark.

✔     Out-of-the-box name and strong mark that is unique, can’t be easily imitated and captures the attention of people is a very great step.

✔     The uniqueness of the trademark ensures its successful filing.

✔     The application field of the form should contain all the details of the trademark, logo, name & address of the applicants, right trademark class classification, and description of products/services.

✔     When you submit the application, be sure to add enough affidavits of proof that you have already been using the trademark.

✔     Once you file the application, you will be given an allotment number.

✔     Check the status of the application, using this number.

Desired to protect your trademark? Avail the expert support at Muthirai.

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What Do You Need To Know About Cancellation Of A Registered Trademark?

Brands have to register their trademarks in order to have protection and rights over them. However, there also can arise a situation where you have to seek a trademark Consultants where a trademark needs to be canceled. Canceling a trademark is not only useful for removing unused trademarks from the register but also helps in resolving trademark conflicts.

Trademark cancellation – what is this?

Cancellation of a trademark is a process that involves removing a registered trademark from the Register of Trademarks. There may be some scenarios where a mark can be registered wrongly or remain wrongly within the register which has to be done before the deciding authority by the party goes for claiming. It is also applicable where the mark may not be in use for a specific period of time. In these cases, trademark cancellation is applicable, which is as per section 47 of the Trade Mark Act, 1999. This act gives two procedures which are the cancellation of trademarks and the rectification of trademarks.

Who is able to raise a petition for cancellation procedures?

You can get the support of a trademark expert and proceed to the cancellation of a trademark if:

●       You are a person impacted by someone having an upcoming mark just similar to you

●       Can proceed with the procedures if feels wrong information to be contained at the registration of a trademark.

●       If a trademark is not registered or not renewed after the validity of a period of 10 years, the Registrar of Trademarks voluntarily cancels it on his own.

●       The cancellation trademark procedure can be raised if an individual finds the mark creates confusion with any existing trademark.

Under Section 58, a proprietor has the right to cancel his trademark registration either in full or in part by canceling certain classes in which the trademark registration is done. Moreover, under Section 50 (1)(b), a registered trademark user can file an application regarding canceling his/her registration as a registered user of such a trademark.

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Trademark Vs. Copyright – Which Is The Most Right Solution For Your Business?

 No matter the size of a business, it is very important to protect intellectualproperty. However, a probable question that occupies most minds is whether I should seek a trademark expert for it or copyright it. This is confusing; yet, the differences between them are very obvious.

Copyright

It is the protection related to original works of authorship such as literary, musical, dramatic, artistic, and other types of intellectual works. Although the copyright term may appear to be the same as a trademark, the intended use of it is very different. Those who hold the copyright will have their exclusive rights to reproduce the work, create derivative works, distribute, or perform it publicly. To put it simply, copyright is the protection of your own creations.

Trademark

Which makes it an ideal situation to look for a trademark specialist? A trademark refers to a name, word, phrase, or logo that identifies goods or services and differentiates them from the competition. Though it doesn’t need to register a trademark, still, a registered trademark enables you to create a public mark and avoid the chances of any similar marks being registered in the future.

With the trademark procedure and registering it, you will be capable of taking legal action against those who use similar marks for the same type of products or services.

What is the right solution for your business?

Both trademark and copyright are intellectual property types and are intended to protect the interests of the owners of their property. However, the major difference is that copyright prevents the reproduction, copying, or distribution of a certain work while a trademark protects the distinctive identity of a brand.Finally, whether to trademark or copyright entirely depends on your business needs. Copyright suits you if you are a solo artist or writer. Trademark registration can be a fine choice if you are a business owner or a founder. Whatever your needs, Muthirai offers a wide range of intellectual property protection. Our knowledgeable team of experts can assist you with your particular requirements.

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Trademark Registration For Your YouTube Channel

 These days we can see there are a lot of passionate people posting content on social media pages. Being the third most popular social media website, YouTube has its vital place among them. Trademarks are significant for any business and now this trademark filing becomes also important for your YouTube channel. Know it here.

We hope this article will give you inevitable information on the topic. If you look for support for registering a trademark for your channel, Muthirai is the right partner.

YouTube channel trademark registration

Creativity is certainly an asset and hence it should be protected well. Your YouTube channel also falls under here.

Is there any specific law related to trademark brand registration on YouTube channels and other social media? Yes. As per the Trademark Act,1991 and Application under section 18(1) of this Act, an individual wishing to claim the proprietorship of a trademark can file with the Registrar in the recommended manner for the registration of the trademark. Though the classes of these registrations vary, still they fall under class 38.

Why should your YouTube channel have trademark registration?

⮚    Ensuring your channel name and logo have the trademark assures that you keep contenders away from taking and using a comparable form of your channel’s intellectual properties.

⮚    Allows the watchers to confide in your image

⮚    Enables the owners of the YouTube channel to take legal action if someone uses the name or logo of the channel.

⮚    Trademark avoids the happening of any third party using a similar name or logo which probably misleads the viewers.

⮚    A trademarked channel will give the viewers the assurance of trusting the brand.Are you interested in filing logo registration or trademarking the name of your YouTube channel? Muthirai trademark is the ultimate solution for you. Once you have decided to secure your substance, it is the best move to hire the experts in the industry for your peace of mind.

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International Trademark Registration

If you think the trademark procedure that you have done in India is sufficient to meet its rights internationally, you are wrong. With your trademark registration in India, you protect the rights only within the country. If you need to safeguard your design, logo, or mark in the international arena, you should secure it through international trademark registration.

International Trademark registration

More and more businesses are greatly interested in expanding their wings across the world. So, it becomes very important here to be aware of registering a trademark overseas. With such registration, you are granted trademark protection outside India and within the foreign countries where you look for the same.

The Madrid Protocol which came into action in 1989 by the World Intellectual Property Organization (WIPO) makes it quite easy to register a trademark in member countries. This gives you exclusive protection easily in more than 110 countries.

Muthirai, as a leading trademark attorney, has great expertise in filing international trademarks. You just choose in which countries you need the protection; we will do the rest for you.

What are the advantages of international trademark registration?

●       Enhanced brand presence at a global level

●       You pay only single trademark charges for applying for coverage in over 124 countries.

●       Your business is ensured to have exclusive rights to its most valuable assets in the countries that you want to.

●       Since more countries are making their part in the Madrid Protocol, you can have significant advantages in later stages.

●       As the processing is done through a single entity, it takes very less time for the approval process.

●       It is much easier to manage through a single tool given by WIPO.

Filing an international trademark registration

▪         The foremost requirement when it comes to filing an international registration is to make sure that you have registered it in your home country.

▪         Ensure that your offerings of products and services are the same in national and international trademark applications

▪         Submit the trademark application through the Madrid Protocol website to WIPO

▪         Consider hiring a trademark specialist who specializes in.

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Importance of Trademark Registration for Startup Business

Trademarks are the individual identities of each business. Can you remember any trademark names that are considered product names by people? Imagine Google, Thermos, and Pampers. These  trademark names are considered products by many. Hence, trademarks play a vital role in promoting a business. As start-ups, business owners need to register their trademarks either through a niche professional or a reliable trademark company. If you are a start-up business and still lack knowledge about the importance of trademarks, then continue reading below. Why is Trademark Registration Important for New Businesses?

Through trademark registration, startups gain legal rights to develop, promote, and reach their target customers. To put it simply, a trademark must be registered in order for a business to gain brand identity. After the trademark is registered for business, it acts as a license to develop, market, and promote the brand to the public.

If a trademark is successfully registered for a business, then only that particular business owner can claim rights for it. The businesses can create franchises under the trademark name or sell the entire business keeping the same trademark. 

Recently, many businesses are emerging each and every day. It is the trademark that will put your company in the spotlight and set you apart from competitors. Hence, registration of the trademark becomes essential. 

For new organizations, brand identity is most important. It is only through their brand; customers will recognize their business. Hence, brand registration is considered the foremost step to be taken by start-ups. Tips for start-ups to register trademarks: Getting professional advice from a trademark consultant is a wise idea. The reliable consultants will provide hands-on advice, explain the dos and don’ts of registering the trademark, and also be with you throughout the process.Muthirai.com is one of the best service providers who can assist in registering the trademark for the company, provide consultation in this niche. Here, you can get help starting from scratch—ideas for selecting the brand name, its availability during registration, and so on. Still unsure whether or not to register your brand? Never delay anymore.

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How Should You Trademark A Logo In India?

How Should You Trademark A Logo In India? – Protect Your Brand With Muthirai

Typically, a logo is a representative visual image that describes a brand. Logo registration is an important step in protecting the rights of the brand. As a logo of a company is the basic visual representation, it is necessary to trademark it.

If you create anything related to your brand, it becomes your intellectual property. So, it is highly important that you have great control over your intellectual property. This is where the expert support from Muthirai comes in.

Trademarking a Logo

Trademarks protect your intellectual property from infringement and theft. You have created the logo of your brand with a lot of effort and have invested significant time and money. So, you should trademark it.

Trademark registration – Steps to follow

Though logo trademark registration is a straightforward process, still hiring an expert makes it simple and effective. Expert legal assistance from Muthirai can play a substantial role in this complex process.

⮚ The foremost thing that you have to do in registering a logo is to make sure that no one else uses the same logo. Trademark Logo Search helps you here.

⮚ After you have confirmed the same, you should proceed to secure the rights to your own logo.

⮚ There are various ways through which you can acquire ownership of your logo. The most effective way is to register a trademark and start using the logo.

⮚ By hiring a trademark attorney or legal professional, it becomes easy to navigate the process of logo registration.

⮚ You should file an application with the Secretary of State, where your business is headquartered. This protects your legal rights and eliminates the possibility of businesses from other jurisdictions stealing your logo.

⮚ Once your trademark is registered, you have the complete legal rights to use it.

⮚ Your work doesn’t stop after registering a logo. You should protect the logo and ensure no others are using it through a trademark watch.

Protect your business identity and take the steps towards shielding your company's logo with Muthirai, today.

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Process for Trademark for E-Commerce in India

How Does Trademark Registration Help Your E-commerce Business To Be Unique?

Although trademark registration is not compulsory for e-commerce businesses, we strongly recommend your online business apply for registration and obtain the intellectual rights. With people showing more and more interest in buying goods from online platforms, applying and gaining a trademark ensures that your e-commerce business is competitive. If you like to have the most benefits from registering the trademark from the hands of experts, Muthirai is here to help you.

Is it mandatory to register an e-commerce seller/business?

Commencing an online business is becoming a dream for most since this is the world of online buying and selling. The huge growth of the e-commerce industry allures businesses to do so. E-commerce business refers to the buying and selling of products and services through the internet.

It is true that the trademark registration process is not mandatory for e-commerce businesses. Yet, in order to keep the brand safe, and be protected against copying and duplicating, it is necessary that you register it.

Process for Trademark for E-Commerce in India

●      Since the e-commerce business operates in and beyond India, it is important to look out for the international pittance of trademarks. This emphasizes the Madrid Protocol.

●      Perform the trademark search and come out with a unique brand name

●      File a trademark application with your nearest trademark office

●      After examining the application (which takes around 1-2 months) and ensuring the application meets all the requirements, it will be marked for publication in the Trademark Journal.

●      If there is no opposition to the trademark, it will proceedto registration

Benefits of E-commerce trademark

Have a glimpse of the benefits that you can get if you approach trademark registration consultants for your e-business.

▪         Your brand name or logo is protected against infringement

▪         Safeguards your brand internationally

▪         Avoids the possibility of others using your brand name and other intellectual assets.

▪         As you register a trademark, you legally protect the brand name, logo, products, and signs of the company. This eliminates the chances of damage to the brand name.If you notice anyone else uses your trademark, you have the right to file a lawsuit against them

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Choosing A Trademark Expert In India

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Intellectual Property Rights

A Detailed Look On Intellectual Property Rights And Its Expiry Of Registration

IntellectualProperty Rights (IPRs) – these are the rights that can be said to the one related to intangible property owned by a company or an individual. These rights prevent any third party from using them without the consent of the owner. For any business intending to establish its presence in India, it is very important to protect and manage intellectual property rights (IPR). Of course, it is the most essential step here.

Whether it is TM registration, patent protection, or design registration, managing intellectual property is a significant ongoing activity.

Intellectual Property Rights – What are the components?

Copyright – This term is related to the rights of the authors or creators of literary and artistic works. In India, copyright protection extends throughout the entire lifetime of the author and 60 years after his death.

Trademarks – Typically, a trademark can be a word, name, sound, color, symbol, or anything that identifies and differentiates a brand from others. Trademark is the most important asset for all businesses. The trademark has its validity for ten years that starts from the date that the certificate is issued. Trademarkrenewal will be done after the payment of the prescribed fees.

Patents - Patent law generally protects the ideas which are embodied in inventions. If a process/product has its patent right, it is not possible to commercially distribute, produce, use, or sell without the consent of the owner of the patent. Patent rights once granted are valid for a period of 20 years. And then it requires renewing every year after the third year of the date of application.

Designs – design registration gives the exclusive rights to the creator and the owner. With this registration, the creator and owner is empowered to use the design for a validity period of ten years.

Developing an understanding on what your intellectual property rights protect and when it lapse and expire is very important. As these assets do not last forever, you should contact experts in the brand register and take steps to maintain to enforce the protection.