What is Trademark Registration A trademark is any mark, logo, name, symbol, letter, figure, word, used by any individual or the company in order to uniquely identify its goods or services from those manufactured or sold by others. Hence, the customers must be capable of distinguishing one’s goods or services from others. Trademark registration is governed by the provisions under Trade Marks Act, 1999. Trademark registration is important as it is legally authorised by the government in order to provide the exclusive rights to the owner for branding, selling, manufacturing and using of the products and services. Who are eligible to apply for Trademark Registration in India? Any person whether an individual, proprietor, company or other legal entity who claims to be an owner of the trademark can apply for trademark in India. The application for trademark can be filed and within few days after a grant of registration, one can start using “TM” symbol. The time duration required for Trade Mark Registry to complete formalities is 4 to 6 months.. One can use the registered symbol after the trademark is registered and grant of registration certificate. Once a trademark is registered, it will be valid for 10 years from the date of filing, further which can be renewed time to time. Advantages of Trademark Registration Trademark registration is an essential aspect of IPR. Business owners can't ignore it if they want to protect their brand and establish the pillar of credibility. The significant benefits of trademark registration are mentioned below: 1. It equips the business owners with exclusive rights to use the mark for the designated goods and services. 2. It provides the umbrella of legal protection to the concerned owner and empowers him against infringement. 3. It assures brand value creation and builds credibility. 4. When you register a trademark, it signals the high quality of your product or service. 5. It assists in enhancing global presence and brings recognition your way. 6. It contributes to building as well as maintaining the trust and goodwill of the customers. 7. It helps in positioning your brand as the leading player in the global market. 8. It promises to protect your brand for a minimum of 10 years. 9. It facilitates the usage or placement of symbols on the logo of the company. 10. It pulls the attention of young and promising human resources. Process of Trademark Registration Step 1 – Application for registration made to the registrar In the first step, the applicant will have to conduct a conclusive search related to the Trademark. Even if the name of the trademark is unique and distinctive, it does not mean that conducting such trademark search is unnecessary. So the applicant will have to get on with going for the process of a trademark search. Conducting a search will defeat any form of unwanted litigation which will waste the time of the applicant. Hence, it is crucial to conduct trademark registration search. Hence the applicant would have to go to the following website for the trademark registration process in India (http://www.ipindia.nic.in/) Step 2 - File in the Trade Marks Registry within the Territorial Limits After searching your brand name or the logo for your trademark, you have to consider to file the application within the trademark registry within the prescribed territorial limits of the work. Usually the process happens online nowadays. However, such application process can also be conducted offline. Hence the process of trademark registration in India can be offline and online. For the online process the following link has to be considered for trademark registration in India https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx. Step 3 - After Acceptance of the application but before registration, the Registrar after hearing the applicant can withdraw the acceptance In the next step of trademark registration process in India, the registrar after hearing the applicant can withdraw the acceptance of the application. Usually this, process would occur before the registration of the trademark. Step 4 - On being accepted, the advertisement of the application is made by the Registrar Once the application for trademark is accepted by the Registrar an advertisement of the same is made in the publications of the office of trademark. During this process, the examiner would examine the above application for any form of discrepancies. Usually this process would take about 12 to 18 months. After such process is complete the trademark examiner can either accept the application conditionally, reject the application or object such application. If the trademark application is accepted by the examiner, then the same would be put for advertisement in the respective journal. If after the examination, the application is not accepted or accepted with some form of conditions, then the same would be mentioned to the applicant. After such process a month’s time would be provided to the applicant to fulfil all the conditions which are mentioned in the report of the trademark examination. The applicant would have to fulfil the conditions mentioned in the report. Only when the conditions are fulfilled by the applicant, the trademark or logo would be published. However, the applicant can make an appeal related to the trademark registration After the hearing if the registry feels that such trademark should be allowed to be published in the journal then the same must be allowed. Step 5 - Other Parties can raise opposition within 3 months of the advertisement When the trademark or the logo is published in the journal, then the same would be allowed to be opposed by any form of third-party. Usually the time period allocated for opposition of the trademark after publication is 3 to 4 months. However, after three to four months of publication, then there no form of opposition then the same will be considered for registration. Suppose within the period of 3 months any form of opposition arises then the same would be heard in front of the trademark registry for trademark registration. Step 6 - Registrar May permit for the corrections and amendments, if any After the above step is complete, the registrar would go for the process of registering the trademark. This step is crucial for the applicant for the process of securing the trademark registration certificate. Step 7 - The applicant receives a certificate of registration with the seal of the trademark registry After the above process is complete, the application will go for the process of trademark registry. Here the registry of trademarks would issue a seal of the trademark registry on the certificate off registration of the trademark. This seal would be evidence of official trademark registration for the particular brand or the logo. Step 8 - The Registration is Granted When the applicant receives the certificate of registration from the Registrar of trademarks, the registration process related to the trademark is granted for the applicant. Once the trademark is granted it will be with the applicant for a period of 10 years. This is known as the validity of the Trademark Application. After 10 years, the trademark can be renewed. Hence from the above process of trademark registration, the Trademark can be protected. Documents for Trademark Registration in India Details like Name, Nationality & Address of the applicant. The incorporation certificate in case of company or LLP registration. In the case of the company which is eligible for the lower filing fee, can refer Udyam Registration. A detailed description of goods or services represented by the Trade mark. Trademark application requires a trademark Class (out of total 45 trademark classes) to be mentioned, but one can also file multi-class (Class 99) Trademark application. The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant. Different Trademark Symbols If you are filing the trademark registration online application, the following can be the brand status. TM You can add TM with your logo when the Application is pending for approval. TM mark is only for Products. SM You can add SM with your logo when the Application is pending for approval. SM mark is only for Services. R You can add R with your logo when your TM application has been approved by the Registrar of the Trademark Registry. Types of Trademark Registration The different types of Trademarks are as below: Generic Mark A generic mark for a trademark, describes qualities, characteristics, or ingredients of the good your business sells. Descriptive Mark A descriptive mark identifies one or more characteristics of a product or service and only serves to describe the product. Suggestive Mark A suggestive mark tells about the goods or services. A mark in this category qualifies for protection without requiring a secondary meaning. Fanciful Mark A fanciful mark is a term, name, or logo that is different from anything else that exists. This category is the easiest for obtaining trademark protection because it typically doesn't compete with anything else or become too generic. Trademark Registration Certificate Validity According to Section 25 of the Trade Marks Act, 1999, the period of registration of the trademark is 10 years and after which, it may renew time to time. The notice will be served by the Registrar after the expiration of registration of the trademark to the proprietor/owner. The trademark will not be removed from the register by the Registrar if an application is made in the prescribed form along with prescribed fee and surcharge within 6 months from the date of last expiration. Thereafter such trademark will be renewed again for the period of next 10 years. Why to choose Enterslice We help our clients with support to solve business problems and to ensure continuous networking of your business. Enterslice helps in providing various services regarding the Trademark registration process. We provide instant response to requests in guaranteed time duration and help you maintain trademark logo. We submit the application for trademark registration and track the status on behalf of our clients. We at Enterslice also help our clients in post incorporation compliance services regarding trademarks, copyrights and patent registration. How Enterslice helps you to get Trademark Registration? Fill The Form Get a Callback Submit Document Track Progress Get Deliverables
A trademark is known as brand name is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
The best trademarks are invented words or unique geometrical designs or coined words. Do not select any of a geographical name, surname or common personal name. Also, avoid adopting laudatory words which describe the quality of goods such as best, perfect, etc It is necessary to conduct a market survey to ascertain if a same or similar mark is used in market or not.
Under modern business condition, a trademark performs following functions • It identifies the services or goods and its origin • It gives guarantees for the unchanged quality • It helps in advertising the services/goods • It also creates an image for the services and goods
• Any name includes personal or surname of the applicant or the signature of the person or predecessor in business which is not unusual for trade. • Any arbitrary dictionary word or an invented word, not being directly descriptive of the quality of the services or goods • Letters or numerals or any combination in relation to it. • The right to hold a trademark may be obtained either by registration under the Act or by use in relation to goods or service. • Devices including symbols etc • Combination of colours or a single colour in combination with a device or word • Monograms • Shape of goods or their packaging • Sound mark when represented in conventional notation or described in words by graphics. • Marks constituting a 3- dimensional sign
The Registered owner of a trademark can create establish and protect the goodwill of his services or goods, other traders cannot use his trademark and if used unlawfully he can sue for damages and secure destruction of infringing goods and or labels.
The registration of the trademark confers upon an owner who has the exclusive right to the use the trademark in relation to the goods or services. The registered mark is indicated by using the symbol (R), and seeks the relief of infringement in appropriate courts. The exclusive right is subject to any conditions entered on the register such as limitation of area of use etc. However, 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.
• For filing new applications there are prescribed form depending on the nature of application- Fees of Rs.4000. • For filing a Notice of Opposition to oppose an application published in the Trademarks Journal- Fees of Rs. 2,500/- for each class covered • For Renewal of the Registered trademark Fees of Rs.5,000 • Surcharge for belated renewal- Fees of Rs. 3,000 • Restoration of removed mark-Fees of 5,000 • Application for rectification of a registered trademark-Fees of Rs. 3,000 • Legal Certificate (Providing details of entries in the Register)-Fees of Rs.500 • Copyright search request and issuance of certificate-Fees of Rs, 5,000
The statue i.e., the Trade Marks Act, 1999 is a source of Trademark laws and rulings of the Courts. Also the guidelines prescribed by the Intellectual Property Appellate Board
Yes, whereas the general rule is that the trademark applied for, should not be substantially altered affecting its identity. Subject to this there are some changes permissible according to rules provided in the legislation.
Yes, it can be removed on filing an application to the Registrar on prescribed form with the ground that the trademark is wrongly present on the register. The Registrar can also suo moto issue Notice for removal of a registered trademark
The application must contain the trademark, name and address of the applicant, the goods/services, agent name with power of attorney and the period of use of the mark. The application should be in Hindi or in English. Thereafter applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. It has to be filed at the appropriate office. This application can also be filed online through the e-filing gateway available at the official website.
• Visit on the website ipindia.nic.in/trade-marks.html • Go to ‘Related Links’ • Click on to ‘Trade Mark status’ • Click to Trade Mark Application/Registered Mark icon • Click to begin the trademark search
The four types of trademark are • 1. Fanciful or Arbitrary marks 2. Suggestive marks 3. Descriptive marks 4. Generic marks
Trademark Class 35 is a service category that includes a range of business and professional services. Most of them included services help with carrying out, advertising or managing, an industrial or commercial enterprise.
No, it is not legal to copy a logo as it will be an infringement, and the original owner of the logo can file case and obtain damages.
If the registered trademark is not renewed, then it will be abandoned. One has to file for a new trademark application. Suppose if your trademark was registered 50 years ago and rules are changed for now then also the trademark can be easily renewed according to the new laws.
Yes, you can trademark a phrase by keeping in mind that it must not consist of the words that represent quality of your goods or services.
The trademark renewed soon before its expiry duration. The standard duration for trademark renewal is after every 10 years.
The Section 8 Trademark Declaration is a statement made to the USPTO i.e. United States Patent and Trademark Office, which confirms your federal trademark has been in continuous use for five years. The one who fail to file their Section 8 Trademark Declaration on time will lose their registration.
Trademark registration is the process of registering a trademark or a logo or sign for the particular entity.
Under the e-filing system, obtaining a Class 3 Digital Signature Certificate has been made mandatory. Thus, any individual, attorney, agent, the organisation must obtain a Class 3 DSC before it can proceed for a new registration for a trademark.
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