How can trademarks and patents benefit an organization?

Trademarks and patents benefit an organization in a number of ways which are as follows:

Trademarks help businesses by acting as an efficient communication tool.  By using a trademark in the form of a logo or a brand, various attributes of a product or service are conveyed to the consumer.

Trademarks and patents are valuable assets. With the value of the product rising, the value attached with the intellectual property (whether trademark or patent also rises. 

Trademarks and patents also act as a barrier to entry. By using trademarks, businesses prohibit other businesses from leeching on their goodwill by disallowing them from using the same trademark. Similarly, patents stop others from selling a competitive product if a patent has already been acquired on a certain product. 

How can a company apply for trademark with the help of a lawyer? 

It is up to the company to decide whether it wants to register its Trademark. In an event where the company decides to apply and register a trademark:

A lawyer can assist the company in selecting a mark or a symbol i.e. trademark that stands better chances of getting approved by the concerned authority. 

The lawyer reviews the entire appearance of the trademark. 

Additionally, the lawyer analyses the trademark in a manner to ensure that there is no overlapping between the trademark applied for and existing registered trademarks. 

Moreover, a lawyer ensures that the trademark of the company does not get infringed. 

The lawyer collects the relevant documents and files the application for trademark for the company by ensuring compliance with the legal norms. This reduces the chances of rejection of the trademark application. 

In case if there are objections to the registration of trademark, it is the lawyers duty to rely appropriately to the objections and provide a sound alternative. 

It is easy to say that a lawyer helps the company break down the entire process of trademark registration and ensures that at the end of the legal process, the company receives the trademark that it intended. 

Procedure for application

Controller General of patents, Trade Marks, Industrial Designs and Geographical Indications handles the trademark applications. These offices have branches in Kolkata, Mumbai, Delhi, Ahmedabad and Chennai and thus application must be filed according to the jurisdiction. The procedure involved in registration of a trademark is as follows:-

Selection of a Trademark Agent/ Lawyer: Companies or Businesses are only allowed to file an application for trademark if their place of business is in India. However, if the place of business is not in India, the company should hire an agent or an attorney to handle the nitty gritty of the trademark application like searching for the appropriate trademark, preparing the documents required, filing the application and handling the prosecution associated with the trademark. 

Determination of the eligibility and availability of the trademark: The registration process starts with the determination of the fact as to whether the  trademarks stands the test of eligibility for registration and is followed by a clearance search to rule out the possibility of overlapping trademarks in the office of the Controller General. 

Filing and Application Form: By obtaining a power of attorney from the company or business, the agent or the lawyer can complete the application form by filling the required details like the name and address of the right holder, description of the goods or services that are associated with the trademark, whether such mark is already in use and a copy of the intended trademark. 

Review by the Trademark office: After completion of the application and filing by the agent or the lawyer, the Trademark Office reviews the application to determine whether it is complete or not and a number is allotted to the application. If the claim to the trademark is successful, this allotment number becomes the registration number of the trademark. 

Preliminary approval or Rejection: The Trademark association assesses the trademark application to determine if the registration is barred on any grounds being absolute or relative as per the Trademarks Act, 1999. Post this determination, the Trademarks association issues an examination report within a month depending on which the Registrar of Trademark decides whether the application for trademark be accepted, rejected or put to show cause. After the show cause hearing, depending on the facts and circumstances, the application can be either accepted or rejected subject to certain limitations. On rejection of the application, an appeal can be made to the Intellectual Property Appellate Body. 

Registration: After the publication in the Trademarks Journal, within a period of 3 months if there is no opposition by a third party, the registration of trademark is effectuated and the trademark authority grants a certificate of registration to the company or the business or the proprietor.  

The author of this beautiful blog is Advocate Milan Laskar having experience 10 years in handling such matters from his experience he wants to share this beneficial information for the individuals having any issues with respect to trademark-related matters.