Trademark Registration


File trademark to protect your brand name / logo

File trademark to protect your brand name / logo

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

Free Trademark Search



Free Trademark Search


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875-000-8585
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KNOW ALL ABOUT TRADEMARK REGISTRATION

TRADEMARK REGISTRATION


Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered trademark. It provides them protection as it is illegal to use the same logo or tagline.
A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

Trademark Registration is done through LegalRaasta can be done through Legalraasta in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.

WHAT IS INCLUDED IN OUR PACKAGE?


Consultation

Application Preparation

Name search & approval

Application Filing

Same day Filing

Government Fees

PROCEDURE FOR TRADEMARK REGISTRATION


What is a trademark?


A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.

ADVANTAGES OF TRADEMARK REGISTRATION


Legal Protection

You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.

Unique Identity

One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.

Creation of Asset

Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

Trust or Goodwill

As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.

Popularise your brand

Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.

What can be trademarked?

1. Name: A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked
2. Word: A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked
3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand
4. Image: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo
5. Sound: Sound marks in audio format. For ex the sound in the ad jingle

Who can apply for a trademark?

Any person or business claiming to be owner can apply for a trademark including:
• Individual,
• Company
• Proprietor
• Society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

Steps in Trademark Application


Step 1: Trademark search (1 day)

LegalRaasta run a thorough check to make sure that your 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 search.legalraasta.com. Because being exclusive do matters. 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)

Once we ensure that your chosen name or design is available & exclusive, we send you an authorisation letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.

Step 3: Trademark application submission (1 day)

Once we receive the authorisation letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark different at the central trademark department office or via online. A trademark can be filed online only by a registered lawyer or agent.

Step 4: Trademark registration (1.5 years)

Once a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks 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

If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.

What are the different trademark symbols: ‘TM’, ‘SM’ and ‘R’

‘TM’ Symbol
This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

‘SM’ Symbol
It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

‘R’ Symbol
This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.

FREQUENTLY ASKED QUESTIONS


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

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