Trademark Registration in India
Trademarks are particular unique signs utilized to identify products or services in a specific company. They could be layouts, images, symbols, as well as expressions. It’s vital since it distinguishes your goods from the rivals. It may be related to your product or brand. Trademarks are categorized as intellectual property and are protected from infringement. Trademarks and its own rights are protected from the Trademark Act, 1999.
Advantages Of Trademark Registration
You become the registered trademark’s legitimate owner, and no other person gets the right to utilize your registered trademark with no prior consent.If you doubt that your trademark is being reproduced by anyone else, then you can take up the problem legally and sue them if you’ve enrolled your logo, name or motto.
Among the most significant trademark registration attributes is that it helps you establish an exceptional identity of your company. Customers will determine a particular product or service only with the brand. Registering a signature makes sure that competitors will not use it, and hence it remains a company’s specific asset.
Creation of Asset
A registered trademark can act as an asset as the brand owner can efficiently market, franchise, or permit it on the contract basis to another party. It produces a sort of intellectual property for the same.
Trust or Goodwill
As a registered trademark brings uniqueness to a product, it can easily create a feeling of confidence, goodwill, and quality in the customer’s minds.
Popularise your brand
A registered trademark is readily searchable as it’s offered in the government trademark database. Additionally, it can help you get popular among people, which is an excellent indication for your company.
A Great Business Opportunity
A product or service being marketed under a registered trademark helps build up confidence, reliability, quality, and goodwill in the minds of customers. It supplies you with a unique identity compared to other sellers, primarily once you sell it on online platforms such as Amazon, Flipkart, etc.
HOW WE PROCESS TRADEMARK APPLICATION
STEP 1: TRADEMARK SEARCH
Check for Trademark availability for the client to make sure that their perfect name or configuration has not been taken. This check also ensures no issues & there are negligible odds of a complaint being brought up in the future.
STEP 2: PREPARE TRADEMARK APPLICATION
When we guarantee that your chosen title or configuration is accessible & selective, we provide you with an authorization letter that must be suitably marked with you and returned to us. These letters provide our legal advisors expert to record a trademark application on your behalf.
STEP 3: REGISTRATION APPLICATION SUBMISSION
When we receive the authorization letter & given that no data is wrong or fractional. Our legal advisors will document the signature for your benefit, and you can immediately begin utilizing the ™ picture. We will furnish you with the TM application number. We record the name varied at the local trademark office or via the web. A signature can be listed online just by an enlisted legal adviser or operator.
STEP 4: TRADEMARK REGISTRATION
When a trademark application is complete, your application will be confirmed by the signature office. The legislature can similarly raise a criticism if your title, like some other signature in a similar class or the name, is considered foul, harms religious sentiments. In case no demonstration is increased, the signature enlistment center will publish a note from the trademark’s diary. On the off chance that no resistance is listed by any party inside a span of 4 weeks, the signature ought to be enlisted inside the next half a year. In this age, we always offer you updates in regards to the status of your application.”You will need to cover the additional fee in case of such objections.”
STEP 5: HEARING ON OBJECTION
If the object was filed in your signature, and the opposition doesn’t agree with your Offer, This scenario hearing is held before registering your trademark. We will appoint lawyers (“Charges Extra”) to take up your case in front of the registrar.
Documents needed for Trademark Registration
An authorization letter that’s duly signed by you enables us to register for trademark registration on behalf of you. After getting the consent letter, we begin with preparing your files, document the application online, and pay to it. Shortly, you get the confirmation of this program, and you’ll find the best to utilize the ™ emblem.
The following documents are required While filing for the trademark registration:
- PAN Card and Address Proof of Applicant
- Certificate of registration
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Why is Trademark Registration important in India?
A trademark is a mark or a Brand name. It can be a word, letter, logo, image, symbol, or a combination of the mentioned which enables any individual owning a firm or any shot of business to be able to differentiate their goods and services from the likes of others in the market. They can be graphically represented and will help you in protecting your assets in the market. To attain a lawful authorization and sole rights of all your assets, whether tangible or intangible; it is essential to get your trademark registered. You need to be able to make a mark and have a stand in the market despite being it a very tough competition.
Trademarks and its rights are protected by the Trademark Act, 1999 To get the protection of trademark rights one has to register the trademark.
Trademarks help the customers to identify the brand and the brand value in one look. A trademark registration expires after 10 years of its registration but can be renewed again for another 10 years. This process can be done as long as you want to keep renewing the trademark.
What can be registered as a trademark?
A trademark is a recognizable sign, phrase, word, letter, number, graphics, logo, sound mark, symbol or a combination of the mentioned that signifies a specific product and legally differentiates it from all other products of its kind. A trademark will give the owner exclusive rights to their assets.
Important things know about the Online Trademark Registration
VIENNA codification process
Once the application is filed, VIENNA codification is given to the applicant. The trademark application The status usually shows is “sent for Vienna codification” when the application is in process.
Inspection of Trademark
After the trademark application is granted for the Vienna classification, the trademark will be considered by the Trademark officer The officer may accept or deny the application as per keeping in mind the rules and regulations
Hearing for the objection raised
If in the case of trademark application any objections are raised by the officer and subsequently the application is denied. Then following this a hearing is held. The candidate attends the hearing. After the hearing the officer decides whether to deny or accept the application If the applicant is not completely convinced about the cause for denial, then he can proceed to Intellectual Property Appellate Board and appeal.
Our professionals can help in carrying out a trademark search before you register. Under the Trade Marks Act, identical or similar trademarks cannot be registered.
It takes 90 days for the trademark registration in the trademark journal done by the registrar. Hence, the 90 day period allows any external party to raise opposition for the trademark getting registered.
Certificate of Registration
When all conditions are satisfied, and if the application is accepted then you can start using the ® symbol implying that the Trademark is successfully registered.