April 14, 2022
Trademark Registration for E-Commerce
E-commerce refers to the trend of purchasing and selling items through the internet. E-commerce enterprises, on the other hand, are not required to register their trademarks. However, an e-commerce retailer should file for registration to get intellectual property rights to achieve a competitive advantage. People prefer to buy your things online or invest in your business if you have a registered trademark. This article will apprise you of how trademark registration for e-commerce can benefit your Business.
Trademark for E-Commerce in India
Trademarks are critical in the commercial world. They’re there to keep you and your brand safe. Your Trademark protects your brand from being illegally copied or duplicated.
Because of the increasing use of the internet, every brand, its goods or services and types are now available to the entire globe online. As a result, having a distinctive trademark for one’s business is critical for an e-commerce seller or corporation. A trademark or logo makes it easier for the general public or consumers to recognize the e-commerce seller’s or firms’ items.
Consumers will remember an e-commerce seller’s or company’s trademark, seek it, and buy it again if they remember the Trademark of a product. It will aid in the expansion of the company’s goodwill and popularity. Unique trademarks and their related items will be easily recognized worldwide.
Is Trademark Registration Mandatory for an E-Commerce Firm?
Now, this is the most common question that arises not only in your but in everyone’s mind. So let us clear this for you. An e-commerce dealer or firm doesn’t need to register a trademark. However, trademark registration is preferred since gives you exclusive right over your brand which will further help you to protect your brand from unauthorized use and gives several benefits to trademark owners. For example if you adopt a brand name, you market it, you spent money efforts to bring it to next level and someone else get it registered with the Trademark Registry, you may lose your exclusivity over the mark. Also, though the prior user and adopter is the actual owner of the trademark but it will leave you a difficult task to fight and prove your right over the mark.
Now that we’re talking about benefits, let us assist you to know what a registered trademark can benefit you with:
Prior Use: The entity that initiates the first use of a trademark has priority under trademark law. It implies that if a corporation or seller can demonstrate proof of previous use of a trademark, it will offer them an advantage over another person or competitor who is using the same mark, regardless of whether or not it has been registered. In most cases, proof of earlier use of a trademark takes precedence over registration. As a result, it is suggested to begin using the Trademark as soon as the firm begins and register it to have documentation of prior use.
Legal Rights to Transfer the Trademark: The trademark registration allows the trademark owner to assign his or her trademark rights to another party. The ability to award a trademark aids start-ups in attracting customers or investors. Companies that have achieved a trademark registration are viewed favourably by investors.
Now you may wonder about the procedure to avail of these fantastic benefits, don’t worry, we got you covered.
Procedure for Trademark of E-commerce Companies/sellers
Thorough Search on Intellectual Property Database:
As Indians, we elude with off-the-cuff ideas from our friends and family with the purpose of concocting a brand name for the company. There is also a social obligation to consult network leaders and other religious persons in one’s area while choosing a brand name. As a result, business owners overlook the relevance of securing a trademark to come up with a name that is not unique but gives insight into the likelihood of facing trademark litigation in the future. As a result, choosing a memorable brand name isn’t enough and it doesn’t negate the need to conduct a trademark search; instead, a trademark search informs one of whether similar trademarks are available and it provides a reasonable idea of where one’s brand stands in comparison to other brands in a similar class.
Trademark Application Filling:
The starting step is to file a trademark application with the nearest trademark office, which may be found in various states around the country. Mumbai, Delhi, Ahmadabad, Chennai, and Kolkata are the Indian trademark offices. Furthermore, in recent years, the majority of documentation has been done online. Following the completion and presentation of the application, an authorized receipt is immediately given for future reference.
Trademark Examination:
The officer examines a Trademark Application for Trade Mark Registration for Ecommerce Business once it has been recorded for any flaws. The examination report may take 1-2 months from the date of filing an application to get issued. The examiner may partially or wholly accept the trademark application, or it may be permitted with restrictions, or it may be contested or dismissed entirely. If the application is accepted, the Trademark enters into opposition period and is published in the Trademark Journal. If there is any objection issued in the exam report, then the requirements are to be met or the objections to be addressed. Close to 30 days will be given to meet the terms or respond to the complaints. The Trademark is published in the Trademark Journal when the reply has been reviewed and the mark is accepted. If the response isn’t recognized, the person can request a hearing. If the experts believe the Trademark meets the criteria for registration during the hearing phase, it is immediately marked for publication in the Trademark Journal.
Trademark Publication:
As mentioned above, one a trademark application overcomes the objection and is accepted at any stage by the Trade Marks Registry it is then published under the trademarks journal TM-J. If any party has any kind of obligations or objections to the Trademark being registered, there is an equal opportunity to prevent it from being registered by filing Trademark opposition in that application within the prescribed time limit. Once a trade mark is published it is open for opposition for 120 days or 4 months from the date of publication. After the Trademark is distributed, if there is no opposition, the Trademark is continued to proceed for Registration; otherwise, it goes through an impartial opposition proceedings concluding the final decision at a hearing, and the Registrar makes an “unprejudiced” decision.
Registration and Certification:
Once a trademark is registered and published in the Trademark Journal, a registration document or Registration Certificate with the Trademark Office’s seal is issued.
Class-35: This should essentially be the signing class for registering your E-trade Business because it covers e-commerce business, publicizing, business administration, business organization and office abilities.
Class-42: is also relevant since it refers to logical and inventive administrations, research, and configuration relating to current investigation and research administrations, as well as the design and development of PC equipment.
Documents required for Trademark of an E-trade firm?
The following is a list of all the necessary paperwork for E-Commerce companies to register their trademarks:
- Send a copy of the Trademark, brand name, logo, or other design that the applicant intends to use as their Trademark.
- Applicant’s name in case of Individual/proprietorship firm or company’s name in case of Private limited, Partnership, LLP or others.
- Address preferably the one the applicant wishes to be printed on the Registration Certificate.
- If a firm is filing for a trademark that is already published and in use, then the first date of use along with its evidence proving the use.
- A copy of Power of Attorney.
- Copy of MSME/Udyam Certificate or DIPP certificate for availing waiver in fees as MSME or Start-ups respectively.
Benefits of Trademark Registration for E-Commerce
Safeguard your Business:
Trademarked brand and its goods, services and products are protected from infringement. The company name or logo is protected against unauthorized third-party use. A registered trademark protects a company against infringement by preventing others from utilizing the trademarked product.
E-commerce Marketplace
Amazon, Flipkart, eBay, and Walmart, among other e-commerce marketplaces or platforms or web stores, provide the ability to register with a registered trademark. A Brand Registry service is available on several marketplaces, such as Amazon. The Brand Registry offers Amazon sellers and organizations participating in the program various additional marketing opportunities and analytical data. It is important to have your application number procured from the Trade Marks registry to register on these platforms and become a seller.
Protects your Brand Value
E-commerce retailers or enterprises can register their trademarks to protect their products, goods and services nationally and globally. They gain the benefits of brand awareness, protection and injury prevention.
Difference between Name Approval under Companies Act 2013 and Trademark Act 1999:-
A registered company’s name cannot be considered as a trademark registration. When a name is unique, it can be used as a trademark. A trademark can also be a combination of a company’s name and a symbol. However, a trademark registered under the Trademark Act of 1999 is not the same as a company name registered under the Companies Act of 2013.
The Registrar must approve a company’s name of Companies (ROC) before it can be registered. If the business name is too similar to another registered firm, the ROC will reject it. The ROC’s approval of a company name does not guarantee that name’s Intellectual Property Rights (IPR).
A corporation must file for trademark registration under the Trademark Act of 1999 in order to gain IPR on its name. If the firm name granted by the ROC is similar to another registered trademark or is not distinctive, the Trademark Registry may reject it. An e-commerce firm should file a trademark registration application under the Trademark Act to protect its brand.
Final Words
I hope that the above information was useful and it served the purpose of utilising your valuable time reading this article on how important it is to register your brand for E-commerce business.
Do leave us a comment for any queries and clarifications.
Naseem Sheikh is a trademark enthusiastic and he is a member of Bar Council of Delhi, Bar Council of India & Delhi High Court Bar Association
Comment (1)
sahil
great information,
thanks for updating this blog.