File trademark to protect your brand name / logo
Starting At: Rs. 1,499 + Govt. Fees
Procedure For Trademark Registration
What can be registered as a trademark?
A name including the personal or surname of the applicant or the signature of the person e.g., the name Dhirubhai Ambani can be trademarked.
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound marks in audio format. For example, the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, the name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
What Is Included In Our Package?
Name search & approval
Same day Filing
Advantages of Trademark Registration
Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
A registered trademark owner has the legal right in case of infringement i.e. you have a doubt that your trademark is copied by someone else, then you can sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
Creation of intangible asset
Applying the registered symbol
Promotes Goods and Services
Protect the Commercial Goodwill
Steps In Trademark Application
Step 1 : Trademark search (1 day)
LegalRaasta checks trademark availability or checks brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at legalraasta.com/trademark-search. Because being exclusive does matter. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Step 3 : Trademark application submission (1 day)
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
In case no objection is raised, the trademark registrar will publish an advertisement in the trademark journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
In Section 11 the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When the objection is done, the candidate is required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.
Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
- Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
- Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
- Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal points to a lapse of legal protection in Brand name.
- Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.
Renewal Process and Forms
- The application of renewal is done in form TM-12
- The application can be executed by either the registered owner of the trademark or an agent approved by him.
- You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
- Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.
Validity of a registered trademark
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.