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Trademark Registration

File trademark to protect your brand name/logo

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FAQ

Procedure For Trademark Registration

Initiate with trademark application

This means you’ll have to fill out our easy online trademark application and submit it along with any other documents that may be needed

Ensure a trademark check

Our specialists will conduct a trademark search to confirm the availability or unavailability of the particular logo registration name supplied.

Select the Appropriate Category

From among the 45 programs, we will suggest appropriate classes depending on what type of goods you deal with.

Filed trademark application

We will finalize the trademark registration and, within three days, we’ll make your trademark application.

Notes

Your trade mark will be registered within 1.5 – 2 years if no one contests it.

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Trademark Registration

A trademark is a visible sign for instance a word or name, number, label or color scheme which identifies a company’s products as different from those sold by similar others. Trademarks in India are managed by the Controller General of Patents Designs and Trademarks under the Ministry of Commerce and Industry. The Trademark Act enacted in 1999 provides for registration of trademarks and confers upon the owner thereof the right to compensation for any infringement thereof. Registering a trademark or brand names owned by corporations serve as protection against loss of investment made in branding.

You must register your trademark only if it is exclusively for your goods and services.

Exact duplicates of already registered trademarks are not permitted to be registered as proposed trademarks. Moreover, trademarks that involve expressly protected emblems; are derisive; vague; misleading or not distinctive cannot be registered.

After the completion of the trademark registration process, you can start using the R symbol in front of your name which will remain valid for period of 10 years. The trademark registration period may be renewed periodically by means of an application for trademark renewal before the expiration of its registration period so as to continue running it for another 10 years.

LegalRaasta offers trademark registration services in Delhi NCR, Mumbai, Bengaluru, Chennai among others across India. Our trademark services range from trade mark registration to searching trademarks with good quality.

Essential Documents for the Registration of Trademarks

It is important to get a properly signed authorization letter from you before we start making the documents because it allows us to file for your trademark registration in your name. As soon as we get the authorization letter, we start searching for the necessary files to make it an online application. Then, the application will be approved shortly and you will be able to use the trademark symbol ™. These documents are necessary when applying for trademark registration:

Notes

What is be eligible to be a Trademark?

Name

A Name is a very precise Recognition that can be trademark whether it is first and last name. For Ex:- Jackie Shroff

Word

A term that does not expressly describe the nature or caliber of the product or service e.g. "Google" is a trademark.

Numbers

Alphabetic or characters, numbers, or any combination of both e.g. 555 brands.

Pictures

Take the tick in the Nike emblem . For instance letters, images , symbols , monograms .

Sound

Sound marks in audio format. For example, the sound in the ad jingle

How cool would it be if people actually told us something instead?

For instance – Sound it’s Audible markup for sounds e.g. the jingle in an advertisement

The following items are examples but by no means do we imply they are exhaustive: invented words, dictionary selections at random, symbols and their device-like things; monograms; a color or a combination of colors along with some word or device; forms of goods or their packaging; three-dimensional signage; slogans & phrases; logos; graphic content, etc.

Who can file for a trademark?

Under Indian trademark law, things such as sounds, words / logos / images / symbols / initials including all these things together can be registered.

A private company may file a trademark application.

Note: In case of Non Profit Organizations and Limited Liability Partnerships, a name of the associated entity or company is compulsorily required as an applicant for trademark registration.

Anyone can apply for registration in writing under the specified format posing as an owner of a trademark being used or intended to be used. Application must contain details such as the trademark itself, goods/services covered thereby, name and address of the applicant and his/her power of attorney, and how long the mark has been in use. The application has to be made in Hindi or English language. One needs to apply for them with the appropriate office.

What’s inside our packages?

Consultation
Application Preparation
Name search & approval
Application Filing
Same day Filing
Government Fees

Advantages for Registering a Trademark

Super Business Opportunity

Registered trademarks help create perception of security, quality and trust among customers by promoting their products or services under them in question. An identity can be unique because it is associated with few other traders.


Legal Protection

If you or anyone else copies any part of your trademark including logo registration, brand name or slogan then the registered trademark owner has all rights and can take legal actions against them as a result of infringement.


Get yourself a Unique Identity

The consumers can only see one item or service by its particular name brand . Registering the mark ensures no one else shall use it, thus making it a proprietary property of the company.


Global Trademark Application

It is permissible to register and file a trademark in India then other countries (that are outside India). Besides, foreign nationals may also register and file trademarks in India.


Are creating intangible assets

If your brand registration becomes famous and successful then the mark might become an important facility. A registered mark becomes an intangible asset which can be sold, bought, leased or even shared for a profit. So both the business and individual owner stand to gain from this.


Privileges

It may be given to the trademark proprietor who has registered it with such rights that are exclusive in nature. For all available products, one may register the same trademark within its category. Having exclusive rights to goods or services ensures that no one can use them without authority outside it.


Use of registered symbols

Once you have filed your application for a trademark, you are allowed to use the sign indicating that your trademark is registered (®). By using this symbol, it shows that nobody else can file a similar application as this is already a registered trademark. If someone makes an unauthorized use of his/her registered marks, he/she could go to court against the person infringing upon her/his legal rights.


Diffrentiate Products

Branding enables customers to acquire knowledge about items quickly. Diverse items develop their own identities, which helps them differentiate between each other.


Facilitates Buy Products or Services

The act of registering a trademark makes business go public with it or its products. This differentiates them and stimulates the evolution of brands. Most of the time, using trademarks is how businesses get their identity, thereby making them important for the creation or enhancement of brand value.


Maintain The Business’s Goodwill

For as long as someone has registered a trademark physically, they can develop, protect and preserve the fame of his own merchandise or services. The trademark owner is also able to prevent others from selling them. Another option is to sue an infringer for utilizing one’s brand name.


Boosting Selling

There’s a feature in the product which makes customers connect it to the company’s brand name. Due to the availability of this product in many areas, more and more consumers are attracted hence contributing to increased sales during trading hours.


Steps to filing a trademark application

Step 1: Conduct trademark search (one day)

On behalf of its clients, LegalRaasta makes sure that they have searched and determined whether a trademark or a brand registration name is available or whether it’s registered under a different class.


Step 2: Create a trademark application (one day)

After we verify that the name or the design you have chosen is available and unique, we will send you an authorization letter that should be signed correctly according to your specifications and must be returned to us. Our lawyers are given permission by these letters to apply for trademarks on your behalf.


Step 3: Trademark application submission takes one day

As soon as we get the authorization letter, you can start using TM sign immediately, provided that all the details are filled in as they should be; this way our lawyers will file trademark registration for you respectively. From our side, you will be assigned a number of the TM application.

The trademark application is submitted via the internet or directly at central trademark offices using a lawyer who holds a certificate which allows him/her to register trademarks online only.


Step 4: Register the trademark (this will take 1.5 years)

Once you have submitted your application form, the office will examine it. For example, if your name is deemed to be rude or offensive, then there may be an objection from the government as well; comparing our trademark with another one in the same class may cause problems regarding religious feelings as well. Therefore, in case no objections are raised against it, the trademark registrar shall publish its advertisement in the trademark act journal. If there is no opposition from any side within four months’ time, then a trademark must be registered during the following six months’ period without fail. During this period we inform you about progress made on your application.

With respect to such objections additional fee implies himself under his own conditions also.


Step 6: Hearing before Registrar

Concerning your trademark, if the opposition does not ascertain with your response after an object has been filed, then a hearing before the registrar will be held. We hire lawyers at an extra cost who litigate on your behalf in front of the registrar.


Trademark Objected

The registration of a Trademark may show its status as “Objected”, this means that they received one or more objections against it, either because it is similar to existing registered trademarks or due to other reasons like being offensive.Directory of all objected trademark registrations are available.This raises the issues as per Sections 9 and 11. An objection may be raised under Section 9 when it is found by the authority that a trade mark is descriptive of goods. To deny this, one must provide evidence that supports and establishes its own distinctiveness.

In case the same mark is discovered by an authorized person in Section 11, this means that there is already an existing mark for similar goods, services or products. The candidate must ensure that relevant documents required for such objection are produced within such a period; such action will lead to removal of objection against him or her.

Expiry of a Trademark

Just registering the label is not a guarantee of progress in the long run. A trademark is valid for ten years, after which it must be renewed.

Before the expiration date of a trademark an application for its renewal should be done. The renewal application form should be filled and submitted prior to the expiry date so that there will be no lawsuits and continue enjoying smooth protection of trade mark.

Process and Forms for Renewal

You use TM-12 for completion of renewal applications.

Validity of a Registered Trademark

Once a trademark application is registered in the TradeMark office or online, the candidate can begin applying the TM symbol on products or services, and if the trademark is registered, then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.

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.

Important Facts About Trademark Registration Online

The advancement in technology has enabled the faster and easier registration of trademarks online. In place of visiting the office for registrations, you can now opt to go for online registrations with the help of a licensed attorney specialized in trademarks.

VIENNA Framework for Recording Purposes

It is an essential part of the trademarking process that ensures those trademarks meet certain categories in order for them to submit applications submitted there. Once you file your application; it will receive international classification as part of Vienna codification which means that your request for registration will now appear as - sent for Vienna codification.


Analysis of the Trademark

Once the application for Vienna classification is submitted, the Trademark officer will analyze it according to specific protocols and rules. The official may either decide to approve or reject the application based on his discretion.


Hearing in Front of an Officer or Trademark Registrar

If a trademark application is refused, the candidate can ask for a hearing. If the officer is satisfied with the documents submitted, he will pass on the application. If not, the application is rejected again. If there are any unsatisfactory parts regarding such rejection, then the Intellectual Property Appellate Board can be involved.


Ultimate Solution For General Trademark Protection

Our trademark safeguarding alternatives are all-inclusive within India. For this reason “LegalRaasta” offers trademark protection consultation prior to making any applications as well as post trademark application advice. However, it is important to bear in mind that granting a trademark registration remains the domain and discretion of only the Trademark Registrar; thus neither “LegalRaasta” nor its agents can guarantee such an eventuality at this stage.


Trademark Lookup

Before applying for a trademark, we also offer assistance with conducting a searching procedure on similar or identical trademarks under The Trade Marks Act is prohibitive. This trademark search facilitates ease in locating similar sounding registrations. However, trademark examiners handle the connection test


Trademark Disapproval

If a trademark application gets rejected by the Trademark Examiner, the applicant can respond to the objection by presenting evidence and arguments that support trademark registration. In reaction to this answer, the Examiner may ask for a hearing, allow trademark filing to move forward or reject it altogether.


Opposition to Trademarks

Before registering a trademark, it will be published in the Trademark Journal by the Trademark Registrar. In addition, he will allow anyone 90 days to provide resistance.


The Registration Certificate

You can begin the use of the ® symbol, which represents that the trademark has been registered, once you may pass all these steps and your application has been accepted. The government regulates the entire process, which might take a year..


Trademark Infringement

Using a Mark that has already been registered is not acceptable. If someone is discovered engaging in such Practice, they will receive action to stop using that trademark.


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Frequently Asked Questions

The Trademark Registration is the registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to evade duplication within the trademarks.

The easiest way to get trademark registration done, involves the first step as “selecting a name then doing a trademark search, after that filing an application for the trademark registration”. Then filing the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.

Starting At: Rs.1,499 + Govt. Fees

The process to get trademark registration is as follows:- Step 1: The first step is the choice of a trademark. Step 2: The applicant must search the trademark records registry and assure that the proposed trademark does not match or is similar to an already registered trademark. Step 3: The search can be done online or by the trademark office. Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.

Every applicant including corporations will have to give the following documents to get a trademark registered. Address proof of the person or company registering for the trademark, a copy of the logo, certificate of partnership deed, and ID proof of the person registering a trademark.

Trademark infringement is the illegal use of a trademark or service mark linked to goods and services.

Trademark registrations are unique to the goods or services they describe. The registrations can be product or service-specific. Also, they are made under a Class of goods or services it signifies. The trademark registration will, hence, be valid for the whole class of goods or services it describes.

Yes, the authorities mandate it for applicants to check all the documents they submit including the application for trademark registration applying a Class III Digital signature. Our experts will help you e-verify all the documents correctly.

The registered trademark is valid for only 10 years from the date of filing of an application. After that one needs to apply for trademark renewal.

Symbol “TM” can be applied after filing of a trademark application. After registering a trademark a symbol “R” must be used. The ® symbol may only be used in connection with the goods and services mentioned on the registration certificate.

Anyone can apply for trademark registration in India, any individual, a foreign company, society or trust, partnership firm, LLP or private limited company, etc. anyone can apply.

The trademark application can be filed as a multiclass application or as a separate single class.

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those class/classes only.

It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.

After the application is registered with the government, a TM number is assigned by trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.

A trademark is an intellectual property that is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs, or even software.

You need to produce identity proof in case of trademark registration in India. (in case of individuality).While on another hand you need to produce company incorporation documents if the entity is a company.

No! The registered trademark under Trademark Act,2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.

Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.

“Trademark Registration” in India is done by “LegalRaasta” which provides trademark application services across India in all cities. We have done trademark registration in Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmadabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur, and other Indian cities.

To understand the trademark name search, you can kindly refer to this link https://www.legalraasta.com/blog/check-trademark-application-status/. Legalraasta also acts as a trademark checker to help their customers to create a unique logo for themselves. SO, you can easily register a logo and get your TM number online.

The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. The trademark would be registered under those classes only. When doing a trademark search you should only be worried if a trademark with a similar name exists in the same class. For example, if you are an IT provider by name of ComSys, you will get your trademark if someone else has registered the same trademark in some other class.

Classes Description Classes Description Classes Description
Class 1 Chemicals Class 16 Stationery & Paper Goods Class 31 Fresh Fruits & Vegetables
Class 2 Paints, Coatings Class 17 Rubber Products Class 32 Beer & Beverages
Class 3 Cleaning Products Class 18 Leather Goods Class 33 Alcoholic Beverages
Class 4 Fuels, Industrial Oils Class 19 Building Material Class 34 Tobacco Products
Class 5 Veterinary Products Class 20 Furniture Class 35 Advertising & Business Services
Class 6 Metals, metal castings Class 21 Crockery Class 36 Insurance & Financial Services
Class 7 Machines and Machine Tools Class 22 Ropes Class 37 Construction & Repair Services
Class 8 Hand Tools and implements Class 23 Yarns & Threads Class 38 Telecommunications Services
Class 9 Computers & Scientific Devices Class 24 Fabrics Class 39 Shipping & Travel Services
Class 10 Surgical Instruments Class 25 Clothing,Footwear & Headgear Class 40 Treatment of Materials Services
Class 11 Appliances Class 26 Lace & Embroidery Class 41 Education & Entertainment Services
Class 12 Vehicles Class 27 Carpets Class 42 Science &Technology Services
Class 13 Firearms Class 28 Games & Toys Class 43 Food Services
Class 14 Jewellery Class 29 Meat Extracts Class 44 Medical & Veterinary Services
Class 15 Musical Instruments Class 30 Coffee & Rice Products Class 45 Legal & Security Services

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