Trademark Registration
₹4,665.00 – ₹9,340.00
Trademark filing under one class for proprietorship and small enterprises.
About this item
- Trademark Filing
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Description
What is Trademark Registration
Trademark registration in India is not just about the ‘Branding of your logo’, there’s something more to know before registering a trademark in India. So, let’s find out.
Trademark registration is your ‘Intellectual Property’ whose ownership is with you. It gives you the official rights to create your brand’s logo, tagline, product shape, packaging and sound etc. This is what makes your product or service unique compared to your competitors in the market. Under this right, none of your competitors has a right to steal your brand’s unique identity.
Eligibility for Trademark Registration
It’s not as straightforward as you might think. So, let’s make the complex things as simple as possible.
An individual (Person)
A person, who is doing any kind of business at present or wants to do business in the near future; is totally eligible to acquire a trademark registration in India.
Two or More Owners
Here, whoever is involved in the partnership; their name and the identity proof must be mentioned at the time of registration.
What about Proprietorship Firm?
A proprietorship firm can file for trademark registration on the name of its proprietor’s name but not in its business and proprietorship names. Proprietorship and business name in your application will be considered separate (If you include them).
Partnership Firm
A partnership firm must include the name of all the members in your application for trademark registration. If any minor is in your partnership, his name must be registered under a guardian.
Limited Liability Partnership/L.L.P
Here, the application should be in the name of L.L.P. It is a non-corporate group, where everyone has a unique identity. So, the trademark belongs to the L.L.P. Let’s find out the documents required for trademark registration.
Indian Business
Any Indian business, whether private limited, limited, or in another form, is required to submit a trademark application in the business’s name. Since every incorporated business has its own identity, it should be noted that a company’s director cannot also be a trademark applicant.
Foreign Business
If a foreign-incorporated company files for a trademark in India, it must do so under the name under which it is registered abroad. Here, it’s important to indicate the registration’s kind, the nation it came from, and the law.
Society
The controlling trustee, chairman, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.
Documents Required for Online Trademark Registration in India?
- Incorporation Certificate
Only If, the trademark is registered under a company or LLP. - Partnership Deed
Only If, the trademark is registered under a partnership firm. - PAN Card
For the legalized signatory. - Aadhaar Card
For the legalized signatory. - Form TM-48 Signed
The TM-48 is the legal document, which permits your advocate to complete your trademark with your trademark registry on your behalf. Professionals are required to create papers for signature purposes. - Logo
Never ever upload your logo in black and white to make sure all the colours of your trademark are completely covered under your registration.
Types of Trademark registration in India
Various types of trademarks can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark, collective mark, certification mark, shape mark, sound mark, and pattern Mark. Though there are many trademarks the purpose for them is the same that is to enable the consumers to identify the goods and the services that are manufactured by certain manufacturers or service providers. Let us take a look at the various types of trademark registrations in India.
1. Product Mark
A product mark is used on a good or a product rather than a service. A product mark helps in recognizing the origin of the product and helps in maintaining the reputation of the business. Trademark applications that are filed under the trademark 1-34 could be termed as product marks as they represent goods.
2. Service Mark
Service Mark is similar to a product mark but the service mark is used to represent a service rather than a product. The main purpose of the service mark is that it helps in distinguishing the proprietors from the owners of other similar services. The trademark applications are filed under the trademark class 35-45 that could be termed as a service mark as they are representing the services.
3. Collective Mark
The collective mark informs the public about the certain distinguishing features of the products and the service that is used to represent a collective. A group of individuals can use this mark so that they are collectively protecting the goods and the services. The mark holder can be an association or it can be a public institution or also a Section 8 Company.
4. Certification Mark
It is a sign that denotes the product’s origin, material, quality, or other specific details which are issued by the proprietor. The main purpose of the certification is to bring the standard of the product and also guarantee the product to the customers by showing that the product has undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys, and electronics products.
5. Shape Mark
The shape mark is exclusively used to protect the shape of the product so that the customers find it relatable with a certain manufacturer and prefer to buy the product. The shape of the product can be registered once it is recognized that the product has a noteworthy shape.
6. Pattern Mark
The pattern marks are for those products that have a specified designed pattern that comes out as the distinguishing factor of the product. Patterns that fail to stand out as remarkable marks are rejected. For a pattern mark to be registered it should stand out as unique.
7. Sound Mark
A sound mark is a sound that can be associated with a product or the service that is originating from a certain supplier. Sound logos are also called audio mnemonics and they appear to be at the beginning of the end of the commercial. The most popular sound mark in India is the tune for IPL.
Benefits of Trademark Registration in India
Differentiative
After the trademark registration, you have the right to promote your product/service with uniqueness and identity. Therefore, you don’t possess any threat of malfunction in trademark activities like copying someone’s trademark.
Important:- No other proprietor, who registers after you; has the right to register his trademark – the same as yours.
Legal Remedies
What if, someone copies or follow your template just like a ditto-copy? You are eligible to take legal action against that entity or an individual.
Note:- You can recover up to triple digits of the financial damage you face (If the offender is registered in India).
Trademark Searching & Filing
Trademark Search
You need to do thorough research for the availability of the trademark and find out the trademark’s that are available or not registered prior to your registration. What after that?
Trademark Filing
Now, you need to file your “Trademark at Registrar’s office” (Including the application fees). Your trademark application must contain the following;
- Logo or Trademark.
- Name and address of the owner of the Trademark.
- Trademark used from the starting date.
- Description of your goods or services to be sold.
Vienna Codification Process & Examination
Vienna Codification Process
It is an International classification of symbolic elements trademarks, which symbolizes your trademark based on your product’s ‘Marks Figurative Elements’ after the successful application filing.
Trademark Examination
Now, it’s time for the Trademark officer to examine your application thoroughly and if there’s any problem; you will be asked to appear in front of the officer or if everything is correct – then it is passed to the next step.
Trademark Journal & Publication
Trademark Journal
If the application is successfully cleared by the Registrar’s Office. It is now, published in the Trademark journal; where anyone can oppose your trademark’s identity.
If anyone does oppose, then a hearing will be made at Trademark’s Hearing office; where both the candidates need to appear and resolve the matter. If everything is right, no opposition is made. Then,
Trademark Publication
Finally, after clearing these all steps, your trademark is issued with a certificate, which consists of the rights and ownership to use your logo, shape, sound etc. without any legal action.
Trademark Registration Process (In Simplest Way)
If you wish to register your trademark at the most affordable price, without any work done from your side in the quickest time possible.
From filling out your ‘Trademark Registration Form’ – online to checking your ‘Trademark Status’ with ‘Trademark Login’ and receiving our ‘Registered Trademark’ hassle-free. Just book a free consultation call and start the trademark registration process right now.
FAQs (Frequently Asked Questions) in Trademark Registration
1. What is the validity of your trademark?
Ans: A general Trademark Registration is valid for the next 10 Years from the start date. Once the period ends, you need to renew the trademark.
2. Does your trademark application is valid all over the world?
Ans: “NO”, but some of the countries use trademark registration in India as their basis for trademark registration. Hence, your trademark is registered in that country.
3. How long does it take to receive a ‘Trademark Registration Online’ in India?
Ans: Your application can be filed within 2-3 days, but it actually takes between 6-24 Months of the time period for the registration office to provide you with a registered trademark (If all the steps are successful).
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