Trademark Registration

File trademark to protect your brand name / logo

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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

    Questions? Call us on 011-35605402

    What can be Trademarked?

    Product

    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.

    Service

    A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.

    Shape

    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.

    Pattern

    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

    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

    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

    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.

    Colour

    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.

    Word

    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.

    Numbers

    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.

    Device

    A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.

    Packaging

    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

    Legal
    Protection

    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.

    Unique
    Identity

    Trademark registration helps to differentiate the brand from other persons so that our business revenue goes up always.

    Avoid
    Copiers

    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.

    Goodwill Protection

    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?

    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 as a trademark.

    A trademark application can be made by:
    • Private firms
    • Individuals
    • Companies- Limited
    • Liability Partnership, OPC, Private limited, Public, Partnership, etc.
    • NGO’s
    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, 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

    Only scanned copies of these documents are required You can upload the documents online

    ID Proof

    Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)

    Brand

    A soft copy of trademark to be registered

    Address Proof

    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

    Board Resolution

    Only in case of a company

    What do you get

    Acknowledgement

    A TM registration acknowledgement slip with payment details

    Trademark Form

    A stamped copy of form TM-A bearing application number

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    Trademark FAQs

    India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
    A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.
    TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is: to clearly identify the goods and services covered by the mark a guide for the trademark registration to identify the potential future trademark infringes to assist the trademark officer
    A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
    Trademark symbol ‘TM’ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.

    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.
    You can search the online trademark database to check the availability of the desired trademark.
    Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.

    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, copyright and patent are the types of intellectual property in India. Although all types of intellectual property are very different, but people often confuse among them.

    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.

    Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises.
    As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.
    It’s not mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the ipindia online portal or by visiting patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.
    No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.

    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
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