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Trademark Registration

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Introduction

For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.

Trademark Registration can be done for the brand name and logo in the particular kind of class in which it falls. There are 45 classes of trademark divided into different categories. The individuals or entities need to identify their class through classification of their goods or services.

There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.

If the Trademark is registered helps the registered owners to get the returns of their investments by restricting others from using the creation without permission.

The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.

Advantages
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Advantages of Trademark Registration

Protects the Brand Name

Customers are easily able to recognize a singular product or service only with its brand name. The Registration of a trademark assures that the competitors will not be able to apply for the same.

Easily identifiable

It is easy for customers to find products quickly by trade marking them. The differentiation can be done on the basis of various kinds of products as the goods tend to create an identity for themselves.

Creation of valuable asset

The trademark registered can serve as a valuable asset if the brand is built up and is succeeding. As soon as it is registered it makes the trademark an intangible asset which can be traded, distributed, franchised, or commercially contracted as a trademark.

Sales Advertising

While selling the product in the market to its customers the brand is attached as a feature of the product or service and as soon as the product is spread in the market it helps in increasing sales by attracting more and more customers towards its product.

Legally protected

A legal right is given under the Trademark Act, 1999 in case of infringement which means that if there are any kind of circumstances where you find that the trademark is copied by someone else and you have a right to file case against them for copying your logo, brand, name or slogan.
Trademarked
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What can be Trademarked?

Document
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Documents Required for Trademark Registration

PAN Card

of the Member and Directors of the proposed Company

ID Proof

(Driving License, Voter ID card or passport)

Brand Name

(a soft copy of brand name and logo to be registered)

Power of Attorney

User Affidavit; (Draft will be provided by us)

Certificate of incorporation

/registration (other than individual)

MSME Certificate

in case of Company

Process
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Process of Registration of Trademark

1. Complete Questionnaire

We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of trademark.
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Step 01

2. Trademark Search

The first and foremost step under the registration of a trademark is to search the availability of the proposed name. After the said search we will review all the possible way to get that desired name, and once it is available, we will begin towards the process of its registration.
Step 02

3. Submitting Documents

The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark application on your behalf.
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Step 03

4. Preparation of TM Application

After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark application in TM-A. Once the trademark application is prepared, we will share with you (soft copy) the draft application.
Step 04

5. Trademark Challan

It usually takes 2-3 days for filing a trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-A form along with the copy of challan.
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Step 05

6. Trademark Registered

With the successful completion of above steps it takes around 6 months to one year to get the desired mark registered. It is a long process to get the "R" Mark.
Step 06
Registered
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Get Trademark Registered at just ₹6000/-

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More Insights on Trademark Registration

Faq's
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FAQs on Trademark Registration

Who all can apply for the trademark?
  • Private firms
  • Individuals
  • Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
  • NGO’s

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.

Will the trademark registered in India is valid outside India?

No, as it is registered under the Trademark Act, 1999 it is not valid outside the Country.

Can anyone file application in more than one class?

Yes, it is possible to apply for more than one class.

What to do in case my Trademark is objected by the department?

In case the Trademark applied is objected by the department, then we need to file the reply within 2 months stating our counter replies in respect to the points raised by them.

What cannot be trademarked?

Trademarks which are identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made or any trademark that would likely cause deception or confusion or is offensive cannot be registered.

What is trademark class, How can someone identify the same?

The Controller General of Patents, Designs, and Trademarks has classified the Trademarks under 45 classes under which one can register their trademarks. Legal Window can help you in identifying the same through our experts.

Whether a trademark be removed if not in use?

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.

What is Opposition of Trademark ?

The Opposition of Trademark is basically done by the third parties who sought to have any similarity between both the trademarks. The trademark can be opposed by the third party within 4 months of the publish of trademark in Trademark Journal. Legal Window can help you file the counter statement in respect of the Opposition received on any trademark which has to be filed within 2 months filing of Opposition by third party.

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