Trademark Registration
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.
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.A trademark is registerable if it is distinctive for the goods and services you provide. A registered trademark is an intangible asset or intellectual property of the business.
TRADEMARK REGISTRATION
Basic information:
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 ?
- Any unique name
- A word (other than a dictionary word) which is unique
- Any Numbers
- Any image or Picture or Logo
- Any combination or the above
What Are The Different Trademark Symbols: ‘TM’, ‘SM’ And ‘R’ ?
‘TM’ Symbol
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.
® Symbol
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.
Documents
Passport Photo
Passport photo of all parties.
PAN Card
PAN card of all parties.
Aadhar Card
Aadhar card of all parties.
Utility Bill
Utility bill of Electricity or Telephone.
Address Proof
Valid Address Proof of all the parties.
Licence
Valid Driving Licence of all the parties.
Terms and Conditions
Terms and Conditions between the parties.
Other Documents
Other documents will be intimated through e-mail.
FAQ
"Trademark"is a mark which represents graphically and capable to distinguish the goods or services of a person or a body corporate from those of others that may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.
Anyone can apply for the Trademark who uses or proposes to use the brand name, mark, or logo for his business purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.
It protects your hard earned goodwill; your Name / Brand Name is protected from being used by any other business firm so as to save your proposed customers from being discouraged and misguided; It helps to create your own 'BrandImage'; It gives an impression to your customers that your company is selling the best standard Products or providing Services. It grants the exclusive right to the use the trademark in relation to the goods or services in respect of which the trade mark is registered and earn extra income by royalty charges. The owner has power to assign (or transfer) the trademark to others for a handsome price
Click on Get Quotation tab above and fill the details, you will receive required documents list and quotation in few seconds in your mailbox. No charges for requirement list and Quotation.
The duration of registered trademark is 10 (Ten) years, and can be renewed for next 10 years. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.
Who has filed an application (which is pending registration) can use the symbol of “TM” to alert the public of his/her exclusive claim. The claim may or may not be a valid. The registration symbol ®, shall be used only when the mark is accepted, registered andadvertised.
No. Every Country has their own rules and regulations for protection of intellectual property of their Citizens and Business Organizations. Under the TRIPS agreement between India and the W.T.O., if any trademark is registered in India then the same protection will also be considered protectedinthe Countries which are a member of TRIPS, WTO. There is no such universal law for international protection of domestic trademarks and also there is no such concept of International Trademark or Copyright or Patent in existence.