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Trademark Regn.

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Procedure for online

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1. Trademark Search

02

2. Trademark Classification

03

3. Filing the Trademark Application

Documents Required

Only Scanned Copies are required

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Business Owners or Directors and Authorized signatories ID Proof

1. Aadhar Card 2. PAN Card 3. Passport 4. Voter ID

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Business Identitity Documents

1. GST Registeration 2. MSME Registeration

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Certificate of incorporation or partnership deed

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Details of authorized signatories (name, designation)

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Logo/Device Mark Image Or Wordmark

A trademark can consist of words, a logo, or a combination of both.

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Goods/Services Description

The description should be precise and comprehensive, covering all relevant goods or services to ensure correct classification and identification of the appropriate trademark class.

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Proof of user affidavit

If you are claiming that you have used the mark prior to the filing date, you will need to provide evidence of this usage.

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Power of Attorney (POA)

POA is required to authorize attorney or agent to act on your behalf.

What you get

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Final Submitted Form TM-A

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Govt. Fees Payment Receipt

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Acknowledgement Slip of Trademark Application

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Registeration Certificate as and when issued by Department after their Review Procedure.

Trademark Regn. - An Overview

What is a Trademark?

  • A trademark is a recognizable sign, design, or expression which distinguishes products or services of a particular source from those of others.
  • It can be a word, phrase, symbol, design, or a combination of these elements.
  • Essentially, it's what allows consumers to identify a specific brand.

Why Register a Trademark in India?

Registering a trademark in India offers several crucial benefits:

  • Legal Protection:
    • Registration grants the trademark owner exclusive rights to use the mark.
    • It allows the owner to take legal action against those who infringe on their trademark.
    • This protection helps prevent others from copying or using similar marks that could confuse consumers.

  • Brand Recognition and Goodwill:
    • A registered trademark helps build brand recognition and consumer trust.
    • It contributes to the goodwill and reputation of the business.
    • This is valuable for building a loyal customer base.

  • Asset Creation:
    • A registered trademark becomes an intangible asset for the business.
    • It can be bought, sold, or licensed, adding to the company's value.

  • Prevention of Confusion:
    • It avoids confusion in the market place.
    • helps to assure customers that they are getting the genuine product.

  • National Protection:
    • Trademark registration offers protection across India.

In essence, trademark registration is essential for safeguarding a brand's identity, protecting its legal rights, and building its value.

FAQs on Trademark Regn.

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it.
Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super etc)

It is best to conduct a market survey to see if same/similar mark is used in the market.

Under modern business condition, a trademark performs four functions

  1. It identifies the goods / or services and their origin.
  2. It guarantees its unchanged quality
  3. It advertises the goods/services
  4. It creates an image for the goods/ services.

Any person claiming to be the proprietor of a trademark used or proposed to be used by him may apply in writing in the prescribed manner for registration. The application should contain the trademark, the goods/services, the name and address of the applicant and agent (if any) with power of attorney, and the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same

The Purchaser and ultimately Consumers of goods and services get options to choose the best.

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years, perpetually. In India, a renewal request is to be filed in FORM TM-R within one year before the expiry of the last registration of the trademark. The renewal fee for physical filling is 10,000 while for e-Filling is 9,000. If the renewal fee is not paid till the expiration of the last registration, a surcharge has to be paid along with the prescribed fee accompanied to form TM-R. If the renewal fee along with surcharge is not paid till the expiry of six months after the expiration of the last registration, the trademark is liable to be removed. Once removed, restoration of a trademark can be requested in form TM-R along with prescribed fees and applicable renewal fees (physical filling: 10,000, e-Filling: 9000). TM-R can be filed within one year from the expiration of the last registration of the trademark

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Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Disclaimer

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.