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Trademark Registration for E-Commerce Companies: An Obligation or Necessity?

Sonal Pruthi

| Updated: Jan 13, 2021 | Category: Trademark Registration

Trademark Registration for E-Commerce Companies

The e-commerce business has been in trend. Analytics say that e-commerce websites are earning huge profits. Looking at the sales and profit turnover of Alibaba and Amazon are big tycoons who have managed to achieve billions through online selling. It comes to the mind that whether there is any registration procedure for the online sellers. The second questions do they need to protect themselves from the trademark registration for e-commerce, for those sellable products on their online.

The current scenario has highlighted the fact that e-commerce selling has transformed the markets situations. The customer today is not at the mercy of the retailer selling the particular merchandise. So, e-commerce business needs to be registered.

Whether E-Commerce Business/Online Sellers needs to be registered?

If an individual is doing ecommerce business as an online seller, he needs to get registered such business as a Company, or Firm or Limited Liability Partnership or Sole Proprietorship. Whether doing business at the various online marketplaces or creating web store or proprietor indulge in the retail industry.

While doing e-commerce business, the person has to operate through the current account in the name of company. For the web store to gather online payment, it has to register to the business. This permits the web store to be integrated with the authorized payment gateway.

The registered online business allows you to gather trust and avoid hassles while continuing the business.

Role of Trademark Registration for E-commerce

  1. Trademark

A unique representation made through; symbol or words used to signify the business or their product is called a Trademark.

How Trademark registration protects E-Commerce?

It is to be understood that a trademark is issued for the lifetime of the company and its products. The business needs a guard against their products becoming usual.

For Example- Kleenex applied for facial tissues or Xerox for photocopying. The idea is to stop the other online sellers or retailers or companies/e-commerce to avoid misuse. Trademark Registration acts as a claim in case of infringement of trademark, and those companies are notified people who misuse its terms.

  1. Advantages of Trademark Registration-TM

The advantages of the trademark registration are:

Advantages of Trademark Registration

a. A right to issue notice on infringement

It is a notice of claim to any other businesses in the web market place, that in case of using the same symbol or word as its trademark.

b. Right to claim ownership

It is the right of a legal inference of ownership, which can help to prevent would-be users.

c. Unique right

It creates a unique right to use the claimed trademark.

  1. Trademark Registration in India, is valid for worldwide

The e-commerce business[1] is not prohibited in India. It is to note that trademark registration is valid worldwide. The given text has come from the Madrid Protocol.

a. According to the Madrid Protocol, it allows easy filing for a trademark or permits trademark registration in more than 100 countries worldwide. From 2013, India has become a member of the international union for trademarks.

b. It has allowed domestic e-commerce companies to protect their trademark across multiple jurisdictions/ around the globe, of their choice, when filing under Madrid Protocol. The registration is done through the Indian trademarks office
c. The Trademark Registration website in India, which is accessible at – ipindia.gov.in. This website is for the filing of the application for trademark registration. The choice is to file for the nations where we you want the trademark to have auspices. The time allowed for completion of the trademark registration is that, if within 18 months no objection were received, the trademark is considered to be granted.

Read our article:Step by Step Trademark Registration Procedure

Purpose of doing trademark registration for E-Commerce business

The growth of E-commerce business is considerably seen in the last ten years if we consider India, where the local markets are the only source for growing business. The local retailers, whether international or nationals have never faced so many challenges in the last forty years, as they face today. The growing use of the internet has made every brand and its products and kinds are available on display in the online world.

The reasons why Trademark registration for E-commerce is promoted:

Purpose of doing trademark registration for E-Commerce business
  1. Protects the business entity

An entity in the USA or India both can protect their company names or products being misused. It covers product names or logos. The business with a registered trademark has clear legal support, and stops anyone from using registered trademark product.

  1. Safety of Brand Value

The advantage of trademark registration is that protects the brand from coot and injuries. The brand is protected nationally and internationally.

  1. E-commerce Marketplaces

The e-commerce marketplace or web stores such as Amazon, eBay, Flipkart, Walmart, provide, to register with a registered trademark. The marketplaces like Amazon, where it has Brand Registry program. The Brand Registry confers several added marketing chance and analytical data to Amazon Sellers who are part of the program.

  1. Trademark Search

It is one way where the brands can do a comprehensive trademark search in the process for applying for a registered trademark. This can avoid expectant and potentially costly problems in the future. This saves time for the other brands to misuse another brand trademark.

Conclusion

It can be concluded that while living in the internet age, where every product is national or international, is available on e-commerce websites. It becomes more critical to protect them from the unnecessary duplication. The trademark registration for e-commerce is an added advantage to the existing users at the online market place. It will strike the competitors out of the market if the others are trying to misuse their brand trademark: the logo, tag line, image or a visual representation or a symbol. The registrar of registration not only looks at the registration but keeps a check at the time of renewal of trademark registration.

Read our article:Types of Trademarks: A Complete Guide

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Sonal Pruthi

She is B.Com (H), LL.B LLM, Cs (Module 2) And Certification In Cyber Law From ILI Qualified. She has Been A Legal Teacher In The Previous Organization. My Strength Is My Expertise Knowledge In Civil Laws, Corporate Law And Tax Laws. I Have Been Legal Teacher And Legal Trainer In The Past Organization. Her Knowledge About The Subjects Have Expanded Due To Teaching Number Students From Various Universities All Over India.

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