Trademark Registration Online In India
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How To Get A Trademark Registration?
It is very easy and simple to register a Trademark Registration with the below mentioned steps.
Our experts will help you in understanding your business structure.
Step 1
Our experts will file the application with provided documents
Step 2
Our experts will draft the Trademark Application according to the requirements.
Step 3
What is a Trademark?
In simple words, a trademark is a brand or logo which depicts your
business. A visual symbol like a word signature, device, name, label,
numerals, or combination of colors used by the owner of the trademark
for goods and services or any other articles of commerce to differentiate it
from other goods and services arising from different businesses.
A trademark could be a symbol, logo, word, wrapper, brand name, packaging labels, tagline, or a combination of all these which are used by manufacturer or services providers in order to identify their own products or services. It can also be used to distinguish the owners’ products or services from those of its competitors.
For example, Coca-cola and Pepsi are the two trademarks from the same industry which distinctively identify the origin of the goods as well as an indication of quality
Trademarks are registered under the Trademark Act,1999.
A trademark could be a symbol, logo, word, wrapper, brand name, packaging labels, tagline, or a combination of all these which are used by manufacturer or services providers in order to identify their own products or services. It can also be used to distinguish the owners’ products or services from those of its competitors.
For example, Coca-cola and Pepsi are the two trademarks from the same industry which distinctively identify the origin of the goods as well as an indication of quality
Trademarks are registered under the Trademark Act,1999.
Why choose Trademark Registration in India?
Trademark registration will provide the complete rights to the owner to
use it for its products and services. It also provides a legal right to initiate
an action against the third party in case of infringement of the trademark.
A trademark is capable of differentiating the goods or services of one
person from those of others and includes the shape of goods, their
packaging, and also a combination of colors.
Value assets -
A brand might prove to be a valuable asset for your business. These
assets keep on admiring over time. As your business grows over time, the
value of the trademark acquires scalability automatically. So, if your
business grows, the value of your trademark also grows.
Provides uniqueness to brand -
A brand that is unique and different must be registered as every business
needs a brand or a logo that is completely different from the others. Moreover, a registered trademark gives you a unique identity to your
brand.
Easy for customers to find -
A Trademark Registration makes it easy for customers to find the
product they are seeking for. As it is an effective tool in its identity, the
trademark that is registered can be easily traceable and customers may
reach out to the products in a convenient way.
Easy communication tool -
Trademarks may prove to be an effective and efficient communication tool. A registered trademark can be conveniently recognized which brand your product belongs to.
Advantages of trademark registration
There are lots of benefits that come along with Trademark Registration in India are as follows :-
Exclusivity -
A Trademark Registration gives its owner complete
ownership in the Register of trademarks and full rights to use the trademark in India.
Proof of Validity -
In legal proceedings, the trademark’s registration is the key point evidence of its validity
Security -
Registered trademarks can be used as security to assist
loans similar to immovable properties.
Business expansion -
A trademark forms a connection between
the customers and the products of an enterprise. With quality or
unique products, you can create a customer base. Your trademark
assists you in maintaining and expanding the customer base.
Which documents are required to fill the trademark application?
Here is the list of documents required to Fill up for the trademark
registration are as follows:-
- Applicant’s name
- Business type
- Business objectives
- Brand/logo name
- Registration address
- Identity and business proofs
How to apply for the Trademark Registration Online or a brand name in India?
Registration of a trademark is done by the registry of trademarks.
Here are the simple steps to follow
Step 1:- Surf internet for a brand name that is interesting enough
- This is simply a short and best way for any newbie to get a trendy, catchy, and interesting brand name. Picking up a brand name that is interesting and quirky is definitely a wise move since most of the generic name would already be in someone’s hands.
- The best part here is that you can invent some words with a mix of generic words to create a unique brand name for yourself.
Step 2:- Preparing for trademark application
The following supporting documents together with the application should
be submitted for online trademark registration:-
- Business registration proof:- In accordance with your registered business you need to submit GST Certificate or Udyam Registration.
- Soft copy of the trademark
- Also, the Power of attorney to be signed by the applican
Step 3:- Filing the application of brand registration
After the approval of the name, we need to draft Memorandum of association and Articles of Associate. Both are filled up with MCA with the subscription statement.
- Manual filing and e-filing are the two ways for filing the registration. If you choose the option of ‘manual filing’ then you have to go in person and handover your application for the registration to the Registrar Office of trade Marks situated in big cities of India such as Mumbai, Delhi, Kolkata, Ahmedabad, and Chennai.
- But in case of e-filing, you will receive your receipt of acknowledgement instantly on the government website. When you receive your acknowledgment, you are eligible to use your trademark (TM) symbol beside your brand name
Step 4:- Examining the process of brand name application
- Once the application is dispatched, the Registrar will check out whether you have followed particular terms that your brand name composes with the existing law.
- Furthermore, there should not be any conflict or dispute among any existing or pending brands for the registration. This is the reason why we offer you to select a quirky brand name.
Step 5:- Publication of your brand on the Indian Trademark Journals
- After the process of examination, the registrar will publish your brand name in the trademark journal. This is assuredly the most essential part of the trademark registration and there should not be any opposition within 3 months or 120 days, in some cases, from the date of publication
- Then your brand name is proceeding towards acceptance.
Step 6:- For Current Account Opening
- The registrar will accept your trademark application if there is no opposition being raised within the stipulated period of 90 days.
- Right from the moment you have issued your certificate, you can use the registered trademark symbol beside your brand name.
Renewal of Trademark: The validity period of the trademark in India is for the period of 10 years
as per section 25 in the Trade Marks Act, 1999. The registered trademark
can be renewed for the next 10 years with the proper documentation and
meeting the desired criteria.
If the deadline for the trademark renewal period is missed, the same documents can be filed within the 6 months after the expiry, although with an additional fee for the late filing.
If the deadline for the trademark renewal period is missed, the same documents can be filed within the 6 months after the expiry, although with an additional fee for the late filing.
Can we Transfer our Trademark?
Transferring a trademark can be an overwhelming situation unless you
know the simple process of transferring the trademark. In a simple
definition, a trademark assignment is a process through which ownership
and rights of the trademark are transferred to any other person. A
trademark assignment lay hold a place between the parties only after
executing an agreement known as the Trademark Assignment Agreement.
The transfer of a trademark need to be done in case of:-
The transfer of a trademark need to be done in case of:-
- The death of trademark owner
- Sale of business
- Change of name of owner
- Change in form of business
Restoration of Trademark
This is very common for people to forget to renew their trademark in the
given time slot. No worries there are still so many options available in
such cases. In the event of failure to renew one can try to restore a
trademark. Restoration of a trademark is allowed by the Trademark Act,
1999 under the Section 25(4) where it allows individuals to apply for the
restoration of the trademark. Restoration can be done only within one
year of the expiry of the registered trademark.
Restoration of a trademark consists of an additional fee over the renewal
fee of:
- 10,000 rupees if done by a person personally
- Or an additional 9000 rupees if done online
Which are the symbols of the trademark and its usages?
R Symbol -
Once the trademark is registered, then the applicant can begin to use the
R symbol to signify that the trademark is registered and covered from violation or non-compliance under the trademark laws.
TM Symbol and SM Symbol -
This symbolizes that the trademark has not been registered, but an
application for the same is pending. It is built to warn third parties in
order to avoid infringing upon the same. There is no specific legal
significance as such because the application has not still been approved by the authorities.
C Symbol -
The C symbol is normally used to signify copyright that the owner has above a bit creative work which includes.
- Artwork-Photography
- Videography
- Literary works
- Software
The C symbol is valid for the whole lifetime. This symbol is implemented
with the copyright holder’s name and the year of the first publication in
the country where the work was copyrighted.
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Frequently Asked Questions
A. A trademark can be renewed in India occasionally for a limited time period on the basis of payment of the renewal fees, failing which mark
becomes responsible to be removed from the Register of trademarks.
Each renewal term is for 10 years.
A. The trademark ought to be an important asset for your business and
present the goodwill generated.
- It stimulates further purchases.
- It might enable the consumers to make a lifestyle or fashion statement.
A. Yes a power of attorney is essential to complete the application
procedure.
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