Trademark Registration

Trademark Registration

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OVERVIEW

A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, word, name, device, label or numerals. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government of India. You can register the trademark under the Trademark Act, 1999. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a TM within 3 days. But, to get an ®, It takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

trademark registration process

OUR TRADEMARK REGISTRATION SERVICES

Consultation with expert

TM Application preparation

Government fees

Trade Mark search with TM portal

Application filing

ADVANTAGES OF TRADEMARK REGISTRATION

Better credibility in the market

Legal Protection for the brand

Increase the Brand value in the market

Unique identity

Intangible asset of the company

Global recognition

DOCUMENTS FOR TRADE MARK REGISTRATION

PAN and Aadhar card of applicant

Type of business activity

Business registration certificate

Service address of applicant

TM logo in JPG format

Power of authorization for filing TM application

MSME certificate in case of company

 

STANDARD PROCEDURE

1. Trademark search

2. Design Logo

3. Selection of TM class

4. Drafting of TM application

5. Online Filing TM application

6. Allotment of application number

7. Trademark examination by TM authority

8. Publication of your Trade Mark in TM Journal

9. Trade Mark Registration

 

 

FREQUENTLY ASKED QUESTIONS

No, registration of a Trademark is not mandatory in India, but it is always advisable to do so for the protection of your mark and business as well.
A trademark in India is designated as follows:1.It is used for an unregistered trademark, meaning when the trademark is not registered, and the user claims to be the proprietor of the mark. It can be used as soon as the proprietor makes an application for registration of the trademark.2.It is used for a registered mark. Only the proprietor of a registered mark can use this symbol above (extreme right) their mark.
Following marks can be registered as a Trademark in India:1.Word Mark 2. Device Mark 3. Colour 4. Three-Dimensional Mark 5.Sound mark
The same can be known through a public search on the trademark official portal, i.e. http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. Alternatively, the Registrar can be requested for preliminary advice in Form TM-M along with the requisite fees as well.
Normally, it takes 8-10 months for a trademark to get registered. But in case there in an objection or opposition, then it may be anywhere from almost a year to several years, depending upon the basis of legal issues that may arise.
An application for registration of the mark can be made by any person claiming to be the owner or proprietor or user of the specific mark. Further, he/she must have the intention to use that mark. For instance, If X is using the mark which is unregistered though it has gaineda significant place in the market, then Y cannot make an application for registration of X’s mark without having any intention to use that mark just to harass X.
Under modern business conditions, a trademark performs four functions 1.It identifies the goods / or services and their origin.2.It guarantees its unchanged quality.3.It advertises the goods/services.4.It creates an image for the goods/ services.
The basic principle is that the trademark applied for should not be substantially altered, affecting its identity. Subject to these changes are permissible according to rules detailed in the subordinate legislation.
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo-moto issue Notice for removal of a registered trademark.
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