The Trademark Act of 1999 provides protection for trademarks and their rights. Trademarks can be defined as special, distinctive signs that are used to distinguish products or services coming from a particular business. Designs, images, signs, or even expressions are examples of these. It is significant as a way to set your items apart from those of your rivals and as a way to associate them with your company or item. Because they are within the category of intellectual property, trademarks are shielded from infringement. It is necessary to register a trademark in order to obtain trademark protection since doing so stops others from copying your mark and advertising other products falsely as bearing it.
You will receive an allotment number after you have received confirmation that your application has been filed to check the status of the application online. It will take time depending upon register Reponses it will either accept or refused for 18 to 24 months.
As soon as your trademark is accepted, the registrar will issue you a Trademark Registration Certificate, which will formally attest to the registration and future protection of your brand.
Searching the internet for a brand
This is the quickest and easiest technique for any novice to come up with a memorable, current, and intriguing brand name. The best aspect about this is that you may coin or invent certain terms using a combination of generic phrases to give yourself a distinctive brand name.
Trademark registration costs
If you’re a newly established small business or an individual, you’ll fall into this category. If you file the manually with the Office of Trade Marks in person rather than electronically, you must pay a fee of Rs. 5,000 or otherwise you have to pay 4500. If you need to fill out a form for a case not mentioned above, the cost is 10,000 for manual filling, 9,000 for electronic filling. And 3,000 for a notice of objection for manual filling and 2700 for electronic filling. If you need to renew your Trademark Registration, you must fill out a manually form costing 10,000 and an electronically costing 9,000.
Choosing a trademark for Trademark Registration
Remember to select a distinctive mark that represents your business and indicates the class to which you belong when choosing a trademark. The trademark can be registered for 45 categories of products and services, including Classes 1-34 cover products, and 35-45 cover services.
A class refers to the 45 separate sectors into which the commodities and services are divided. At the time of application, each brand name or logo must be registered under the relevant class. The remaining 11 of the 45 classes are for services, and 34 of the 45 classes are product classes.
After selecting a mark, it is wise to check to see if it is similar to any already registered marks. You can do this yourself by visiting the website, where there is an option for a public search, or you can do the search yourself. The alternative is to obtain legal services, in which case you may turn to the LegalRaasta team for a more secure method of payment. Along with doing the search, we will help you register a trademark in a simple and effective manner while offering lower-cost support throughout the entire process. To determine whether a certain trademark already exists, a trademark search is typically conducted. A third-party service provider website or the government’s Indian Trademark Registry database can be used for the search.
You can submit a single application for numerous classes, series, or collective trademarks. To register a trademark for more than one class, you must complete the TM-A form. Since files are prioritized based on the date of filing, the longer it takes, the more priority your application receives. Another benefit of filing the application is that, after receiving your allotment number, you can still use the TM sign next to your mark even if it hasn’t been approved.
You can register a wide variety of trademarks, including the following: Among the different kinds of trademarks that can be registered for trademark registration are word marks, service marks, logos and symbols, product shapes, series marks, collective trademarks, certification marks, geographical indicators, pattern markings, sound marks, colour marks, and three-dimensional marks.
Consider the fact that your company develops a reputable identity and produces a successful brand as an intangible asset. As a kind of intellectual property, a trademark offers a tonne of advantages to the business. A trademark can be exchanged, franchised, commercially contracted for, and disseminated once it has been registered as an intangible asset.
Protection against Infringement
The owner may take legal action under the Act to stop unauthorized use of the trademark if someone uses it in connection with the owner’s name, logo, brand, or slogan without the owner’s consent or in a deceptive manner.
Trademark Registration is voluntary
Trademark registration is done on a voluntary basis. However, once a trademark is registered, it provides conclusive proof that the person who made the effort to register it is the rightful owner of the property. Any legal rulings will be in the party’s favor who registered the trademark.
Before it needs to be renewed again, a registered trademark is valid for up to 10 years. However, only one year prior to the registered trademark’s expiration date may the renewal process be started. If this is not done, the trademark will be taken down. Even after removal, the trademark may be restored by submitting it in the required form, a process known as restoration of the trademark.
Trademark Symbols for Trademark Registration
Trademark (TM) and Service Mark (SM)
These abbreviations denote trademarks that have not yet been registered but for which an application has been filed. Due to the fact that the application has not yet received official approval from the authorities, there is no special legal meaning as such.
As the ecstatic owner of a recently registered trademark, you are authorized to place the R symbol next to the trademark following approval of the registration application. This represents that the trademark is formally registered and that any infringement by a third party will be criminally prosecuted.
The copyright that the owner owns over a creative work is denoted by the C symbol. This is applicable for a lifetime and includes software, literary works, photography, videography, and other visual media. In the nation where the work was copyrighted, the symbol is used along with the name of the copyright holder and the year of the work’s initial publication.
One of the most precious assets of your business may be a trademark. It serves as a means of identification and makes a substantial contribution to improving the company’s reputation. A trademark is a visual symbol that can be any combination of letters, numbers, symbols, labels, or other visual elements. Contact our LegalRaasta team for Trademark Registration if you want to register your trademark with the assistance of a professional expert. Additionally, it makes registration a trademark easier because the cost of legally defending your brand is well worth it. You will receive the best care possible throughout the treatment, and all of your inquiries will be addressed.