Trademark is a identification mark of a company, it is a kind of a language which incorporates any shape, signature, word, name, device, label, numerals or combination of colors etc. A trademark has the capability of globally representing and distinguishing one party's goods or services from those of other parties. It's a right of a company to have a symbol to the exclusion of all others. A trademark is a significant commercial and economic asset that indirectly promotes a company's brand value. Trademark valuation has a great relevance because the number of intangible assets are rising everyday such as intellectual property is increasingly being considered higher than the value of tangible assets, as was the case with Coca-Cola in 2006-07, when the balance sheet equity was valued at $16.92 billion but the market capitalization was a phenomenal $124.42 billion.
As a result, Trademark valuation is prized for three main reasons: Transactional needs (not including matters of taxation). Accounting for financial purposes. For tax purposes.
Process of trademark valuation
Cost Approach
The process of trademark valuation entails deep into calculating assessment of the cost incurred during creation and development of the trademark and hence indicate the minimal value of the trademark. The cost approach is not always efficient because of the large number of economic benefits associated with trademarks that are not adequately represented.
Market Approach
Comparative and analytical research of the value of a similar trademark that has been licenced or sold, such as if you are dealing with similar goods and services, in order to determine the worth of the brand under consideration.
Income Approach
Assessing the value of a trademark is usually considered to be the most effective. It aims to arrive at an estimate by calculating the present value of the future income it is expected to earn during the remaining usable life of the asset.
If you're about to start your business and wanna register your trademark then you perch on the correct place.
Trademark Registration Process
Trademark Research:
Due to their hectic schedules as entrepreneurs, many believe that devoting time and effort in trademark research is a waste of time. Everyone wishes to have a unique brand name so avoiding a trademark research wouldn't be a good option.
Trademark research will assist you in locating trademarks that are comparable to yours on the market. It also serves as a caution to stay away from trademarks with similar names.
Filing trademark application:
After making a choice of the unique brand name of your company, it's time to get Trademark Registration. The first process is to submit an application for trademark registration. Nowadays people prefer trademark registration online.
Examination:
After filing the trademark application the examiner examines the irregularity and the examination might take 12 to 18 months. The examiner may approve the trademark absolutely, conditionally, or as an object. If the trademark is fully accepted, it is posted in the Trademark Journal. If not unconditionally accepted, the investigation would state the conditions that must be met or the complaints that must be addressed, along with a deadline of one month to meet the conditions or reply to the objections.
If the mark is accepted, the trademark is registered in the Trademark Journal. A hearing may be demanded if the result is not satisfactory. The trademark will be published in the Trademark Journal if the examiner feels it should be allowed to register following the hearing.
Publication:
The stage of publishing is included in the trademark registration process so that anyone who objects to the trademark being registered can file an opposition. If no opposition is filed within 3-4 months of publication, the trademark can be registered. If there is opposition, the Registrar holds a fair hearing and makes a decision.
Obtain a Certificate of Registration
Following publication in the Trademark Journal, the application for trademark registration is processed, and a registration certificate bearing the Trademark Office's seal is issued.
Renewal is the sixth step.
After every ten years, the trademark can be renewed indefinitely. As a result, your logo or brand name registration will be permanently protected.
As can be seen from the above, trademark registration in India is a simple process. It's a basic procedure, but it's crucial for brand name registration. We, at Intepat, can assist you with the full registration process, so you don't have to worry about deadlines or responses. As a result, recognise the value of your brand name registration and take actions to preserve it as soon as possible
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