Your trademark is more than just a logo or a brand name of your company or business. A trademark represents the identity and reputation of a brand, and it is the main reason which makes the registration of trademark more important to protect your brand name from the unauthorized use and gain exclusive access to different rights of trademark registration provided by the government. The one important part of this process is trademark register. In this article, we will discuss the importance of a trademark register, how to search for a trademark register and how to ensure that your trademark gets listed in this register of trademarks.
What is a Trademark Register?
A trademark register is a public database operated by the Trademark office. The trademark register contains the necessary information on all the registered trademarks. This database covers the information about the trademark, details of the owner, the registration date of the trademark, and the classification of the trademark which is covered by the registered trademark.
It is a legal document
The trademark register is a legal document for all the trademarks which have been registered under the Trademark Act. The trademark office maintains this register by updating the register from time to time so that people can get the latest information about the registration of new trademarks. Different countries have different offices to protect and maintain this trademark register, such as the USPTO in the USA, and EUIPO in Europe and India, it is the IP India Office which maintains this register of trademark.
Public Access
It is a public record which means, anyone can access the trademark register to do the prior art search for a new trademark. Public access to this document also provides transparency from the trademark office and helps people prevent disputes related to the different types of infringement cases.
Historical Data
The trademark registers also keep the historical data related to the trademark. It includes information such as changes in the ownership, renewal of the trademark and legal proceedings which are related to the trademark.
Benefits of Being on the Trademark Register
There are different benefits which show the importance of the Trademark Register. These benefits are:
Legal Protection
Once the Trademark Register makes the entry about the grant of the trademark, it provides legal protection and other exclusive rights to the owner of the trademark. It means, the owner of the trademark has the legal authority to use his trademark without any limitations and he can also prevent or exclude others from making or using the same trademark without his permission.
Enforcement of Rights
If any other person tries to use the same trademark without the permission of the real owner of that trademark, then the owner has the right that he can sue such person in court and enforce his right over his trademark.
Investment Appeal
Investors always try to collaborate with brands which are famous and registered under the Trademark Act. So, if your trademark is already registered, then it will be a good sight for your investors and a high chance that they will approach you for collaboration.
National and International Protection
The owner of the trademark has the right that he can protect his trademark nationally and internationally as well. This step is also important for everyone who wants to grow his business outside the country as well. A registered trademark allows its owner to do business in multiple countries by just filing one application. The Madrid System allows you to file trademark applications to get protection in multiple countries.
Public Record
A registered trademark works as a public record. Due to this reason, it makes it easy for the owner to prove his ownership in any dispute and prevent others from infringing his rights. Also, it helps others to check if a trademark is already being used or not.
Prevention of Conflict
After reading the registration of a trademark in the register of a trademark, other businesses can avoid registering the same or similar trademark. It will also help to prevent you from any legal conflicts.
Due Diligence
As we know a trademark shows the reputation of a company. The person who is going to do business with you will conduct due diligence where they might check your trademark as well. And to ensure that it is properly registered in the trademark register or not.
Brand Visibility
A registered trademark will enhance the brand’s visibility in the market. It also shows that your brand is legally protected and surely will help to build trust with customers and future partners.
Licensing Opportunities
If your trademark is registered, then you have the option to sell your trademark or to do the licensing of invention or trademark. This can create additional revenue generation ideas for you and help you expand your business in different markets without using your investment. Because the other person who has taken the license from you will use his investment to increase your business.
How to Search the Trademark Register
If you are going to file a trademark application, then you need to conduct a prior art search for your trademark. This search will ensure that your trademark is unique and not being used or registered by another person. Let us know how you can do that:
Identify databases
There are different types of databases which can be used to search the trademark. Different types of databases for trademark search are- USPTO’s TESS in the U.S., EUIPO’s eSearch Plus in the EU, and India’s IP India database.
Search Criteria
Use these databases and try to search for relevant information such as the name of your trademark, class of goods and services, the owner’s name etc. This will help you to find the most relevant trademarks in your field of business.
Advanced Search Options
The databases also provide advanced search options like date of filing, status of trademark, or search for similar marks etc. and I am sure that these options will help you to find out if your trademark is unique or not.
FAQs related to the Trademark Register
What information is found in a trademark register?
You can check different information in the trademark register such as different registered trademarks, information of the owner, date of registration and information about the goods and services covered under such trademark.
How often should I check the trademark register?
It is advisable to check the trademark register before you are going to file a trademark for yourself or your client. Checking the trademark register at the time of filing may help you to save time and protect yourself from infringement.
Can I register my trademark internationally?
Yes, you can use systems like the Madrid Protocol to register your trademark internationally as well. You just need to file one application for multiple countries.
Conclusion
Trademarks are the most valuable thing for a business owner because it helps him to make his services acceptable in the market. Trademark helps to build trust with customers. Trademark registration is the main and most important thing which provides legal protection to your trademark so that you can use your trademark without any hesitation and grow your business like you want to do.