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Trademark Registration Compulsory for E-Commerce Companies

Trademarks are unique signs that are used to identify goods or services from a specific company. Trademarks can be pictures, designs, signs or even expressions. It is important because it differentiates your products from the rest. Trademarks are classified as intellectual property and hence are protected from infringement. Under Trademark Act, 1999, trademarks and its rights are protected.

To get the trademark rights you need to register the trademark. Trademarks help your customers to recognize the brand and the brand value in just one look.

What is the Meaning Of Trademark’s Signs?

To imply that a trademark has been claimed companies use one of 3 symbols:

  1. – It indicates pre-existing mark specifically an unregistered trademark.
  2. ® – It indicates the registered trademark symbol. It is reserved for trademarks registered with a suitable government agency.
  3. ℠ – This symbol is use for selling of services, not products. We have the option to use the service mark logo, but mostly people use the ™ instead for simplicity.

Is the Registration For Trademarks Compulsory For An E-Commerce Company?

It is not mandatory, but we strongly advise in favor of filing a trademark application at the earliest.

The benefits of filing for your e-commerce trademarks early –

There are some distinct advantages of securing early intellectual property rights over your business name. These are as follows –

  1. The law of trademark gives primacy to the firm that has established first use. The proof of “prior use” in the trademark means that give you an edge over another person using the same mark. This means, if you started using the name first and someone else possesses a trademark registration for the same name, the courts may still give the trademark to you.  
  2. Other than the regular right to use your trademark, you can also assign this right in favor of another proprietor. This is usually needful for smaller & early-stage companies who are looking out for potential investors and buyers. Company that has obtained intellectual property rights look positive in the eye of investors.

What are the Benefits of Trademark Registration?

When your company obtained trademark the owner receives three key benefits:

  1. A notice of claim to any other businesses consideration of using the same symbol or word as its trademark.
  2. A legal inference of ownership, which can help to prevent would-be users
  3. The unique right to use the claimed trademark

What is the Process of Trademark Registration for E-commerce Business?

These are the procedure of legally securing Trademark Registration for Ecommerce business in India.

Step 1. Search for Trademarks on Intellectual Property Database

Settling a remarkable brand name isn’t adequate thus it doesn’t refute the need to stay away from a trademark seek, rather trademark look causes one to know whether there are comparative trademarks accessible and it hands a reasonable thought regarding the pros and cons about where does one’s brand remain in contrast with different brands falling in a similar class.

Step 2: Trademark Application Filing

Most of the business new businesses don’t think they require a trademark but it is essential for all who want to make their brand name unforgettable in the eyes of customer. In any case, it is essential that you to make utilization of an unregistered trademark image (™) beside your logo, brand name, and slogans. There are a few points of interest in owning a trademark (®) and some of them are: Once the coveted Brand name is picked in the wake of ensuring that the so wanted brand name is not recorded in the Trademark Registry, at exactly that point would one be able to decide on registering the same. The initial step is to fill the trademark application with complete document at the closest trademark office situated in different states over the country. Documenting is for the most part done online. Once the application is filled & presented an approved receipt is instantaneously issued for future reference.

Step 3: Trademark Investigation

Once an application of Trademark Registration for Ecommerce business is documented then it is investigated by the inspector whether the application contains any errors. The investigation process may take up to 12-year and a half. The trademark application might be acknowledged by the investigating officer completely or half or it may be permitted restrictively or it might be even being dismissed. After getting the reaction, the trademark is distributed in the Trademark Journal. In the event that the reaction is not acknowledged, one can require a hearing. If the experts feel that the trademark fits the bill for getting registered then it go into production mode and gets distributed in the Trademark Journal.

Step 4: Trademark Publication

The sledding which includes production is additionally comprehensive of trademark enlistment method in this way anybody raises a protest as respects registering of the trademark there is an equivalent opportunity to restrict the same as well. Besides, following 90-120 days post the trademark gets distributed and if there is no resistance then the trademark continues for enrollment, otherwise it experiences an Impartial hearing procedure.

Step 5: Registration & Certification

A registration Certificate bearing the seal of the Trademark Office is issued once the trademark gets registered because of getting it distributed in the Trademark Journal.

  1. Class-35: ought to basically be the signing class for registering your E-trade Business as it incorporates administrations for publicizing; business administration; business organization; office capacities.
  2. Class-9: additionally may apply Depending on the merchandise or administrations the e-com business is putting forth.
  3. Class-42: can likewise be considered since it relates to logical and innovative administrations and research and configuration identifying with the modern investigation and research administrations outline and improvement of PC equipment.