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HERE'S HOW IT WORKS
1. Fill Form
Simply fill the above form to get started.
2. Call to discuss
Our trademark expert will connect with you & prepare documents.
3. Get Trademark
We will file your Trademark Application
What can be Trademarked?
A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.
A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.
The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.
The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.
Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.
Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.
Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.
The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
Advantages of Trademark Registration
Trademark registration legally protects the brand and its related business revenue, and no one else can copy it, if it is so, we can take legal action.
Trademark registration helps to differentiate the brand from other persons so that our business revenue goes up always.
When we registered our brand under Trademarks Act, that means the copiers are less in the market because they know the brand is registered.
Intellectual Property Rights
When we register our brand under Trademarks Act, it shows we have rights on our own intellectual property.
Trademark registration protects our brand goodwill as the customers trust our brand name for a long-term basis.
Who can all apply for a Trademark?
A trademark application can be made by:
- Private firms
- Companies- Limited
- Liability Partnership, OPC, Private limited, Public, Partnership, etc.
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, 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.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Documents Required for Trademark Filing
Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)
A soft copy of trademark to be registered
Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months
Power Of Attorney
Duly signed by the applicant to authorise us to file on their behalf
Only in case of a company
What do you get
A TM registration acknowledgement slip with payment details
A stamped copy of form TM-A bearing application number
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The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
Who can obtain a trademark is depend on the applicant type:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only
Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, artistic work either published or unpublished.
Patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.
There are numerous advantages to registering the brand name:
- A registered trademark provides greater protection
- It deters others from using your trademark
- Registering a trademark provides the trademark owner with greater remedies
- Protecting your brand from infringement claims