Our Expert consultation will help you to get the Trademark registration online seamlessly from the government.
Trademark Registration gives the owner an exclusive right to protect the Logo, Symbol, and Words as the identity of the Brand. To Protect your brand with our trademark registration services.
Trade Mark
Service Mark
Register Mark
Copy Right
When there is a TM on the brand name or logo, it indicates that the trademark application has been filed and the registration is under process. An applicant can use the TM beside his brand name or logo once the application is filed. He can use it until the registration is done. After completion of registration, the TM gets replaced by ® which means the trademark registration is completed and it is valid for 10 years.
Individual
JOINT OWNERS
LIMITED LIABILITY PARTNERSHIP
TRUST OR SOCIETY
PROPRIETORSHIP FIRM
PARTNERSHIP FIRM
Register Your Trademark & Protect Your Brand Name From Intruders with Online Legal India
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate ones goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorizes it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
In India, anybody who claims to be the trademark owner, whether an individual, proprietor, corporation or other legal organisation, can apply for a trademark. The trademark application can be filed, and the TM sign can be used within a few days post registration following registration. The Trade Mark Registry takes a minimum 6–8 months to register if theres no objection raised by the Registry. In case of an objection, it might take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. ®, can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and has to be renewed at the due time.
Who Can Opt for Trademark Registration
01
Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device that the applicant intends to use in the future.
02
Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
03
Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners’ names in the application. In addition, if a minor partner is present, the name of the minor’s guardian must be stated.
04
LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners’ names.
05
Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
06
Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.
07
Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
Kinds of Trademark Registration in India
The following are the kinds of trademark registration available in India-
Service mark
A service mark is comparable to a product mark representing a service rather than a product. The primary function of a service mark is to differentiate its proprietors from the owners of other benefits. Accordingly, trademark applications submitted under trademark classes 35-45 may be classified as service marks since they represent a service.
Marks in the Series
These are the marks that have been registered for usage before or after a chain of items that share a similar suffix, prefix, or symbol.
Mark of Sound
A sound mark is a sound that may be connected to a product or service that originates from a certain provider. Sound logos, often known as audio mnemonics, appear at the beginning and end of ads.
Importance of Trademark Registration in India
The importance of trademark registration in India is as follows:
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product's or service's reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Product Differentiation
Customers can quickly locate your items if you register your trademark. It separates your goods or service from the competition while acting as an efficient advertising tool. Furthermore, your trademark or logo communicates your organisation's vision, quality, and uniqueness.
Gives a Sense of Identity to a Product's Quality
Trademark registration provides physical confirmation of the value and quality of your product or service. As a result, customers identify the quality of a service or product with the trademark. Moreover, this awareness benefits acquiring new clients who unwittingly identify a product or service's quality through its logo.
Creating Assets
The registration of a trademark grants a corporation intellectual property. A registered trademark is a legal right that may be purchased, assigned, franchised, or economically contracted. Furthermore, a trademark functions as an intangible asset on a company's financial sheet, providing all of the benefits associated with such assets.
Use of the ® Symbol
When your trademark is registered, you may use the ® sign in your logo to show that it is a registered trademark & that no one else may use a similar brand. If another individual uses your trademark without your permission, you can sue in court for such obvious infringement of your exclusive usage rights.
Protect Against Infringement
If someone uses a trademark without the owner's permission or in a deceptive manner, the owner can get an injunction to prevent the individual from using the brand without permission. In addition, your trademarked logo may not be used by anyone else, including rivals.
Ten Years of Low-Cost Protection
Trademark registration is inexpensive and helps your organisation to keep a distinct identity. In addition, online trademark registration is simple & inexpensive to keep up with. Similarly, when registering a trademark, you must pay the protection charge & the renewal price, which is due every ten years.
Global Trademark Registration
If you wish to grow outside of India or just register a trademark in another country, don't be concerned; a trademark that has previously been registered in India may serve as a strong basis for gaining worldwide recognition. Furthermore, because of all the goodwill accumulated, a trademark that has previously been registered in India can be utilised as the foundation for registration in another nation.
Background of Trademark Registry
Background of Trademark Registry
The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act s operational or functional body. It can also be stated to be functioning concurrently. As a functioning entity, the trademark registry administers all of the laws and regulations of the Indian trademark Act.
The trademark registrys headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a trade mark, the registrar will verify to see if it fits all of the Acts requirements.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your companys products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
Steps Involved in The Plan of Trademark Registration
There are some steps involved in the plan of trademark registration-
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a products or services reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Selection of a Trademark
Remember to select a unique and distinct mark to represent your organisation. Another critical aspect is determining which class you belong to. There are now 45 kinds of products and services for which a trademark can be registered. Classifications 1–34 are for products, whereas classes 35–45 are for services.
Search for The Mark
Once youve decided on a mark, you should run a search to see if its comparable to an already registered mark. You may do this yourself by visiting the Controller Generals website for Patents, Designs, and Trademarks. A public search option is available on the website. After selecting this option, you must select your class and search the online database.
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