24x7 Advisory through E-mail and Whatsapp
24x7 Advisory through E-mail and Whatsapp
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc., used by business to distinguish its services or products from other similar goods or services which are offered by different businesses.
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc., used by business to distinguish its services or products from other similar goods or services which are offered by different businesses. Trademarks in India are listed 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 give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment. Trademarks are necessary for the products and services you offer.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once a trademark registration process is done, the R symbol can be applied, and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly be renewed by filing a trademark renewal application..
According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be made use to make your business stand out from the rest.
A trademark application can be done by private firms, individuals, companies, LLP's, or NGO’s. In the case of NGO's. LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.
A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Customers will identify a particular product or service only with the brand. Registering a trademark ensures that competitors will not use it and hence it remains as a company’s unique asset.
The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.
A trademark which is registered and filed in India can also be filed in other countries outside India. Likewise, foreigners can also get a trademark registered in India.
We help in your trademark search by conducting the search using trademark(™) Public Search.
We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name.
The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.
While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register.
The trademark offers you the right to sell under a particular brand name within a certain sector in the economy.
In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class.
After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first.
This gives us the right to make the trademark registration on your behalf. You can sign the letter and return it back to us.
We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.
While filing for the trademark registration, the information you need to provide are as follows:
The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.
In case of Company, firm or LLP, client should also provide with Certificate of Incorporation, deed, MSME certificate (if any), copy of Board resolution.
If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in HD quality. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.
On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar.
The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.
Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.
In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as - “Sent for Vienna codification.”
After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.
If the trademark application is rejected, the applicant can go for a for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected. If he is not fully convinced about the reason for rejection, then the Intellectual Property Appellate Board can be contacted.
You get to use the R symbol only after you have received registration certificate from registry. Registration certificate is generally received after 4 months from the date of publishing in Journal.
This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you ultimate protection. You get to use the symbol as soon as you file the trademark application.
The C symbol stands for contents which do not have any copyright issues. The symbol is mandatory in many countries for copyright claims.
Copyright © 2020 Your Legal Expert - All Rights Reserved.