Anyone who is an entrepreneur or intends to be an entrepreneur must have already heard of the term “registered trademark”. Brands are among the most important assets a company has. So everything related to these assets should be known to those seeking to stand out.
A trademark is a word, symbol, or design that identifies the origin of goods or services. It gives unique recognition, lasts indefinitely, and requires registration. Trademarks have categories and benefits, including legal protection against copying. Also, If a trademark is used in commerce, it can be renewed for ten years. It is necessary to file a US trademark renewal application within one year before the registration expires, or within a six-month grace period after the registration expires.
What is a registered trademark?
A trademark is a word, a symbol, a design, or a combination of these, or even a sound that identifies the source or sponsor of certain goods or services. With a trademark, you will identify your product or service and distinguish it from its competitors.
A trademark gives your product or service unique recognition. A brand can last indefinitely as long as it continues to perform its intended function. The trademark was initially registered for 10 years in the USA.
In the fifth through sixth years, the registrant must submit an affidavit to the registrar indicating that the mark is currently in commercial use. If a declaration is not presented, the registration will be canceled.
Trademark Categories
There are four categories of trademarks:
⦁ Minted Brands: A coined brand does not imply a relationship between the brand and the product or service, and it may be expanded to a wide array of products.
⦁ Arbitrary Mark: An arbitrary brand has another meaning in our language and is applied to a product or service.
⦁ Suggestive brand: A suggestive mark suggests certain features, qualities, ingredients, or characteristics of a product or service.
⦁ Descriptive Mark: A descriptive mark must have become distinctive over time and gained consumer recognition before it can be registered.
Trademark Registration process
The trademark registration application must meet four requirements: completion of the written form, drawing of the trademark, five copies that prove the actual use of the trademark, and fee. Each registered trademark must be applied for separately. Upon receiving this information, the registry assigns a serial number to the application and sends a deposit receipt to the applicant. The registry office will determine the appropriateness of the trademark within three months.
Any objection against this determination of the entrepreneur must be raised within six months, or the application will be considered abandoned. If the trademark is refused, the entrepreneur still has the right to appeal to the authority.
Once accepted, the mark is published in the Official Trademark Gazette to allow any party 30 days of objecting or requesting an extension to object. If there is no opposition, the registration is issued.
Importance of trademark registration for business
The brand represents the identity of your company in the market and to customers. It is through this that a business operates its communication and is remembered by consumers. Building a brand is not easy. It takes a lot of time and investment, which is why its registration must be the entrepreneur’s priority, before any possible use of the brand.
Trademark registration is granted to the person who first applies with the INPI. So, to avoid headaches, legalize your brand as soon as possible. Registering a brand is a unique way to protect your business. Registration is like a deed: you are the owner and no one can use it but you.
Benefits of trademark registration with the help of Lawyer
Trademark registration with the help of a Trademark attorney in the USA will provide several benefits to the entrepreneur. They are:
⦁ It notifies everyone that you have exclusive rights to use the brand in all territorial limits of Bangladesh.
⦁ It gives you the right to sue for trademark infringement, which can result in the recovery of profits, damages, and costs.
⦁ Establishes indisputable rights regarding the commercial use of the brand.
⦁ Establishes the right to deposit registration with customs to prevent the importation of goods with a similar mark.
⦁ Gives you the right to use the registration notice.
⦁ It provides a basis for filing an overseas trademark application.
Protect your brand by obtaining a registered trademark. This gives you the right to use a unique word, symbol, or design that makes your product stand out and make your business more trustworthy. Trademarks last a long time and protect your brand from copying. If someone tries to copy your trademark, you can take legal action to protect your business.
When to use © and ®?
When you produce creative work, such as writing a book or producing an illustration, the right to the work is yours. As an author, you have the copyright © on that work and if someone wants to publish it, they need to get in touch or pay for the reproduction rights for the work.
Now, if you have a brand, have filed an application for registration with the INPI, and have the brand registration certificate in hand, you can use the ® symbol next to your logo. It is generally inserted on the upper right side of the brand symbol or name.
It is important to highlight: that only brands that have a registration certificate issued by INPI have the right to use the registered trademark symbol.
Have you ever seen the ® symbol in company names and logos?
The ® is nothing more than the representation that that brand is registered. The registered trademark in the US is represented by a capital letter R inside a circle and guarantees that the brand has had its registration duly certified by the National Institute of Industrial Property (INPI) and is protected by the Industrial Property Law.
If you want to add the ® symbol to your brand, talk to the expert and learn about the steps of brand registration and how we can speed up the process and increase the chances of your process being approved!
