Trademark Registration 2017-11-17T05:04:14+00:00

Trademark Registration


File trademark to protect your brand name / logo

File trademark to protect your brand name / logo

Starting At: Rs. 1,769 + Govt. Fees

 

Free Trademark Search

 

Free Trademark Search

Your details:
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 or you can say logo registration/brand 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 brand name. By trademarking your logo or brand, you are providing it 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. After Trademarking your logo or brand, a registered TM number which works as trademark license 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 or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Before trademarking, make sure to check trademarks availability and it should be your first priority if you want to start a company. Trademark public search is an important step before trademark registration. You need to do a close search for trademark name as it will help you to avoid future problems.

Trademark Registrations or TM Registrations 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

Trademark Cost
Trademark SearchFree
Trademark Consultancy on Class and AvailabilityFree
Government FeesRs 4,500
GSTRs. 270
TM Application Filing + Drafting (Our Fees)Rs 1,499
Total CostRs 6,269

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 check trademark availibity or check 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 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


1. What is Trademark 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 classes only.
2. What is the validity of a Trademark?
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.
3. When can I use™ with my Trademark?
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.
4. What is difference between Trademark and Copyright?
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.
5. What are the documents required for Trademark Registration in India?
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.
6. Will my Trade Mark Registry be valid across the world?
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.
7. If my Company Name is already registered under the Companies Act, do I still need trademark registration for my Company Name?
Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
8. In which cities does LegalRaasta provide trademark registration services?
Logo 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.
9. How to check trademark availability?
In order to understand trademark name search, you can kindly refer 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.
10. What the different trademark classes?
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.
ClassesDescriptionClassesDescriptionClassesDescription
Class 1ChemicalsClass 16Stationery & Paper GoodsClass 31Fresh Fruits & Vegetables
Class 2Paints, CoatingsClass 17Rubber ProductsClass 32Beer & Beverages
Class 3Cleaning ProductsClass 18Leather GoodsClass 33Alcoholic Beverages
Class 4Fuels, Industrial OilsClass 19Building MaterialClass 34Tobacco Products
Class 5Veterinary ProductsClass 20FurnitureClass 35Advertising & Business Services
Class 6Metals, metal castingsClass 21CrockeryClass 36Insurance & Financial Services
Class 7Machines and Machine ToolsClass 22RopesClass 37Construction & Repair Services
Class 8Hand Tools and implementsClass 23Yarns & ThreadsClass 38Telecommunications Services
Class 9Computers & Scientific DevicesClass 24FabricsClass 39Shipping & Travel Services
Class 10Surgical InstrumentsClass 25Clothing,Footwear & HeadgearClass 40Treatment of Materials Services
Class 11AppliancesClass 26Lace & EmbroideryClass 41Education & Entertainment Services
Class 12VehiclesClass 27CarpetsClass 42Science &Technology Services
Class 13FirearmsClass 28Games & ToysClass 43Food Services
Class 14JewelleryClass 29Meat ExtractsClass 44Medical & Veterinary Services
Class 15Musical InstrumentsClass 30Coffee & Rice ProductsClass 45Legal & Security Services
9. What the different trademark classes?
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.
ClassesDescription
Class 1Chemicals
Class 2Paints, Coatings
Class 3Cleaning Products
Class 4Fuels, Industrial Oils
Class 5Veterinary Products
Class 6Metals, metal castings
Class 7Machines and Machine Tools
Class 8Hand Tools and implements
Class 9Computers & Scientific Devices
Class 10Surgical Instruments
Class 11Appliances
Class 12Vehicles
Class 13Firearms
Class 14Jewellery
Class 15Musical Instruments
ClassesDescription
Class 16Stationery & Paper Goods
Class 17Rubber Products
Class 18Leather Goods
Class 19Building Material
Class 20Furniture
Class 21Crockery
Class 22Ropes
Class 23Yarns & Threads
Class 24Fabrics
Class 25Clothing,Footwear & Headgear
Class 26Lace & Embroidery
Class 27Carpets
Class 28Games & Toys
Class 29Meat Extracts
Class 30Coffee & Rice Products
ClassesDescription
Class 31Fresh Fruits & Vegetables
Class 32Beer & Beverages
Class 33Alcoholic Beverages
Class 34Tobacco Products
Class 35Advertising & Business Services
Class 36Insurance & Financial Services
Class 37Construction & Repair Services
Class 38Telecommunications Services
Class 39Shipping & Travel Services
Class 40Treatment of Materials Services
Class 41Education & Entertainment Services
Class 42Science &Technology Services
Class 43Food Services
Class 44Medical & Veterinary Services
Class 45Legal & Security Services

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