Register Your Trademark & Protect Your Brand Name From Intruders with Online Legal India
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate one’s goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorises it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
In India, anybody who claims to be the trademark owner, whether an individual, proprietor, corporation or other legal organisation, can apply for a trademark. The trademark application can be filed, and the “TM” sign can be used within a few days post registration following registration. The Trade Mark Registry takes a minimum 6-8 months to register if there’s no objection raised by the Registry. In case of an objection, it might take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. R, can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and has to be renewed at the due time.
Who Can Opt for Trademark Registration
Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.
Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners’ names in the application. In addition, if a minor partner is present, the name of the minor’s guardian must be stated.
LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners’ names.
Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.
Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
Service mark
A service mark is comparable to a product mark representing a service rather than a product. The primary function of a service mark is to differentiate its proprietors from the owners of other benefits. Accordingly, trademark applications submitted under trademark classes 35-45 may be classified as service marks since they represent a service.
Marks in the Series
These are the marks that have been registered for usage before or after a chain of items that share a similar suffix, prefix, or symbol.
Mark of Sound
A sound mark is a sound that may be connected to a product or service that originates from a certain provider. Sound logos, often known as audio mnemonics, appear at the beginning and end of ads.
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product’s or service’s reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Product Differentiation
Customers can quickly locate your items if you register your trademark. It separates your goods or service from the competition while acting as an efficient advertising tool. Furthermore, your trademark or logo communicates your organisation’s vision, quality, and uniqueness.
Gives a sense of identity to a product's quality
Trademark registration provides physical confirmation of the value and quality of your product or service. As a result, customers identify the quality of a service or product with the trademark. Moreover, this awareness benefits acquiring new clients who unwittingly identify a product or service’s quality through its logo.
Creating Assets
The registration of a trademark grants a corporation intellectual property. A registered trademark is a legal right that may be purchased, assigned, franchised, or economically contracted. Furthermore, a trademark functions as an intangible asset on a company’s financial sheet, providing all of the benefits associated with such assets.
Use of the ® Symbol
When your trademark is registered, you may use the ® sign in your logo to show that it is a registered trademark & that no one else may use a similar brand. If another individual uses your trademark without your permission, you can sue in court for such obvious infringement of your exclusive usage rights.
Protect Against Infringement
If someone uses a trademark without the owner’s permission or in a deceptive manner, the owner can get an injunction to prevent the individual from using the brand without permission. In addition, your trademarked logo may not be used by anyone else, including rivals.
Ten Years of Low-Cost Protection
Trademark registration is inexpensive and helps your organisation to keep a distinct identity. In addition, online trademark registration is simple & inexpensive to keep up with. Similarly, when registering a trademark, you must pay the protection charge & the renewal price, which is due every ten years.
Global Trademark Registration
If you wish to grow outside of India or just register a trademark in another country, don’t be concerned; a trademark that has previously been registered in India may serve as a strong basis for gaining worldwide recognition. Furthermore, because of all the goodwill accumulated, a trademark that has previously been registered in India can be utilised as the foundation for registration in another nation.
Recruit Human Resources
Popular businesses have a reputation for recruiting young talent. Furthermore, young brains prefer to work for major firms since they provide better benefits and salary security. In addition, trademark registration provides a favourable image of a company. Furthermore, this reduces the cost of recruiting and other associated activities.
The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act’s operational or functional body. It can also be stated to be functioning concurrently. As a functioning entity, the trademark registry administers all of the laws and regulations of the Indian trademark Act.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company’s products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
- Class 9 consists of mobile software (App) and electronics.
- Readymade Clothing is included in Class 25
- Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
- Education and entertainment are included in Class 41
Steps Involved in The Plan of Trademark Registration
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
- 9,000 rupees or 10,000 rupees
- 4,500 rupees or 5,000 rupees
Choosing a different and offbeat brand name is a sensible choice because most generic names are already in the hands of someone. Furthermore, settling on a name necessitates a rapid research procedure to guarantee that you are not selecting a brand name that is already in use. The best thing is that you may develop a distinctive brand name by inventing or coining some phrases and combining them with generic terms.
- Business Registration Evidence: Based on your registered business (for example, sole proprietorship, etc.), you must produce identification proof of the company’s directors as well as address proof. In the case of a firm, the address evidence of the company must be presented.
- The proposed mark’s proof of claim (if applicable) can be utilised in another nation.(sales invoices mentioning the brand name)
- The applicant must sign a power of attorney (Vakalatnama)
However, suppose no objection is filed within three months. In that case, this procedure will not apply to you, and your brand name will be accepted for issuing a Trademark Registration Certificate.
The Registrar will approve your trademark application if there’s no objection being raised within the time period which may vary or on acceptance of your trademark application following a trademark opposition hearing. Wow! And the best moment for you would be when the Registrar issues the Registration Certificate with the Trademark Registry stamp. You can use the registered trademark sign (®) beside your brand name as soon as you get your certificate.
Applicant’s / Company Name
Business Type
Business Details
Brand/logo/slogan
name
Office / Business
address
- Name of the applicant
- Type of business
- Nature of business (specific goods/services)
- Name of a brand/logo/slogan
- Registrant’s mailing address with PIN CODE.
- Form-48 has been signed. (Power of Attorney/Vakalatnama)
- Signatory identification evidence
- Proof of the signatory’s address
- Business validation (depends on the type of business)
- MSME registration certificate/Udyog Aadhar (optional)
- We conduct a thorough research regarding your TM availability from the Govt.
- Authorization letter is prepared from our side in order to file Trademark registration on your behalf.
- We offer the best services to make sure that our client does not have to face any responsibility of filing Trademark.
- You will be guided on the classes you have to apply under and we are the one to guide you.
- We will provide assistance regarding form fill up with the Registrar.
- You will be receiving updates constantly from our side till the registration is completed.
- We assure you to protect your brand of products or services.
Exclusive Right
The registration of Trademark gives you the exclusive right to use of the registered trademark and indicate so by using next to your brand name
A Legal Protection
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Differentiates Product
Registering a trademark ensures that competitors will not use it and hence the customers will not get confused.
Creation of Asset
Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.
Global Trademark Registration
For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established goodwill in the Country.
Build trust and Goodwill
It helps in creating permanent customers who are loyal and always opt for the same brand.
- Fill our Registrat ion Form & Make the Payment
- We will search the class of your brand by trademark expert
- We will draft the authorizattion letter (Form-48)
- Upload the Required Documents
- Our expert will file the TM Application
- Congratulations! You can use now TM next to your Brand
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Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.
A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market. It also indicates the source of the products or services.
The TM logo indicates an unregistered trademark which is still distinguished from similar products or services. According to the Trademark Act, an unregistered Trademark does not get total protection and cannot prevent a third party from using the same mark.
A Trademark classification is a procedure by which examiners and the trademark attorneys arrange the required documents including trademark and service mark application, according to the description of goods to which the marks are applicable.
Filing a Trademark application usually takes around 18-24 months.
Trademark filing requires the below-mentioned documents
Copy of Logo (optional)
Signed Form-48.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address proof of the applicant
Once the trademark application is successful, you receive an acknowledgement providing you the right to use the TM symbol. After the registration of it, you can use the ® symbol.
Though you can’t get the word but still all is not lost. You can design a unique logo instead for your business and include the name in it like BMW. The name is within the logo making it a great example. A prefix could also be permissible. This is known as a logo composite mark. Though there is a way out, it is best to have a unique name.
The approval of the trademark completely depends on the judgment of the Government. But, if the trademark is unique, then there is a nice chance that it will be granted.
Copyright
It protects original works in the form of intellectual property (literary, dramatic, musical, artistic etc.). A business can copyright its books, reports, audio or video materials.
Trademark
It protects words, names, symbols, colors etc that distinguish products and services from those of others. It indicates the source of the goods. A company can register its business name, logos, slogans, etc that creates the brand image of a company.
Patent
Government grants an exclusive right to an inventor for an invention for a limited period of time in exchange for the disclosure of the discovery to the general public.
A name (personal or surname of the applicant or the person’s signature)
A newly coined or invented word or any other arbitrary word from dictionary, not being vividly descriptive of the character or quality of the product or service
Alphanumeric or letters or numerals or combination of them
Image, Symbol, Monograms, 3D shapes, letters etc.
Sound marks in audio format.
Registered Trademarks are valid for 10 years from the date of filing the application. The trademark owner can file for renewal of the trademark to keep it protected for more time prior to the end of the validity.