A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. In India, trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc. A registered trademark is an intangible asset or intellectual property of the business.
Generally, a Trade Mark registration process takes around 9 months in total from the date of submission of application for registration till finally the Trade Mark gets registration certificate from the Jurisdictional Trade Marks Registry.
What are the advantages of trademark registration ?
1. Legal Protection:
Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection may not be available for marks that are not registered.
2. Unique Identity:
Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
3. Creation of Asset:
Trademark is an intellectual asset, which can be sold, franchised or commercially contracted.
4. Global Trademark Registration:
A trademark registration in India can be used as the basis for trademark registration in other countries. Foreigners and Foreign entities can also register a trademark in India.
5. Trust or Goodwill:
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business.
What is the process for Trade Marks Registration ?
Step 1: Generate the enquiry on our website
Step 2: Our expert will provide you with the instructions as to how to proceed
Step 3: Fill up the checklist of documents and provide necessary documents to us
Step 4: We will start the registration process and provide you with the documents submission receipt.
What you will receive in Trademark Registration Package?
- Expert consultancy
- Complete and end to end documentation
- Trade Mark Search
- Payment of Govt. fees
- Certifying and submission of application
- Certificate of Registration from TM Registry
What to be considered to be the Mark for registration of a Trade Mark ?
- A word (other than a dictionary word) which is unique
- Any image or Picture or Logo
- Any combination or the above
What Are The Different Trademark Symbols: ‘TM’, ‘SM’ And ‘R’ ?
Once the Trade Mark application is accepted and advertised after submission, this symbol of “TM” can be used with the brand name until final registration of applied Trade mark. This is to inform the public of the exclusive claim over the brand or trade name. The claim may or may not be valid depending upon the final approval of the trademark registration.
When finally the Certificate of Registration of the applied Trade Mark is issued, the mark becomes registered and protected under the class under which it is applied for. Once the Mark is registered, it should contain the symbol ®
How we help in Trademark Registration:
1. Application Preparation: Based on the information provided by you, our Trademark Expert will prepare the trademark application.
2. Trademark Filing: Once it is prepared and signed, we will file it with the Trademark Registrar immediately.
3. Trademark Registration: Once the trademark application is filed with the Registrar, the Government processing will start. The Government will scrutiny the application, determine objections if any and publish the trademark in Trademark Journal. It will take around 3 to 5 months. We will provide trademark application status tracking through SMS or Email.