Trademark Registration
Protect your Brand by registering your Logo, Brand name and Slogan with LawyerINC. Start now, avail our services and get your trademark registration hassle free.
Trademark registration is a unique expression which relates to the product or service that distinguishes it from the others. This expression can be a word, logo, graphic or any other combination. In India, most businesses look for registration of logo or name only. The only way to protect it as your own is to get it registered under The Trademark Act, 1999.
After Registration, the trademark becomes the intellectual property or the intangible asset of the company. It provides the right to sue against the others who try to copy of your trademark.
Building a Brand involves a lot of hard work. Therefore, we have to make sure that one has exclusive ownership over the brand logo or name. The Trademark Act, 1999, makes it easier to have an exclusive ownership rights over the brand logo or name and restricts the others to use it for themselves.
Trademarks are visual representations such as a word, a symbol, or a phrase, or design, or combination of any of these which recognize and differentiate the goods and services of an entity from those of another entity. It acts as an aid for promoting your business.
Filing an application for trademark registration is a quick procedure. It can be filed by anyone who seeks to start a business like Individual, private limited or public company, sole proprietorship, partnership firm, joint owners and LLP. However, each of the different class of persons or entity has different criteria for filing a trademark registration application.
*Any fee, stamp duty and miscellaneous charges shall be payable extra.
Do contact us in case of any query related to Trademark Registration and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.
*Any fee, stamp duty and miscellaneous charges shall be payable extra.
Do contact us in case of any query related Trademark Registration and much more.
To avail any of the above-stated services, kindly establish contact by posting a query at our site.
A “TM” symbol is a provisional symbol which can be used for unregistered trademarks. However, the “®” symbol is used for a Trademark Registration after approval by concerned authority.
The foremost step before making trademark application if trademark search. It is pertinent to make prior search from the database available with government authorities before making an application for trademark registration by agent or applicant.
Once the trademark search is done, applicant can proceed to file an application before concerned authority for trademark registration through Attorney. The application need to be filed with due care and in the prescribed form and manner to avoid any defects. Applicant need to pay prescribed fee as per its category/class. If applicant wants to get trademark registration in 2 or more classes, he needs to pay prescribes fees as per the class.
Once the application is filed an allotment number is assigned by the Registrar. The status of the application can be viewed online through search facility.
After the allotment, the application is further assigned to the officer in Trademark Registrar Office, who shall examine the whole application and will furnish a trademark examination report. The application can be accepted by officer or he can resend it back for more clarification and can ask applicant to resubmit it. If applicant is not satisfied with the decision of Trademark Registration authority, he can file an appeal against the decision of Trademark officer before Appellate Authority i.e. the Intellectual Property Appellate Board.
if Trademark Officer accepts the application, the expected trademark registration is printed in the Trademark Journal. This report is published on weekly basis and contains all the trademarks registered during that period.
In case of no objection by anyone, the trademark manuscript and trademark registration certificate will be developed and send to applicant. Once the trademark issuing authority releases the said certificate to applicant, Trademark is considered to be as registered.
As Trademark registration are initially granted for a particular period of time and after that they can be renewed by owner for perpetuity to avoid any confusion.
A “TM” symbol is a provisional symbol which can be used for unregistered trademarks. However, the “®” symbol is used for a registered trademarks after approval by concerned authority.
In India Trademark registration can be done from five located in Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. Jurisdiction to file an application can be decided on basis of principal place of business of applicant in case of Indian applicant.
Foreign applicant can authorize any Indian agent or can hire an attorney by executing POA in order to make trademark registration application. Application can be filed where applicant’s agent or attorney resides or where there business is situated.
No, Registration of a trademark is not mandatory but it is a prima facie evidence of the proprietorship of the trademark registration as no suit infringement of unregistered trademarks can be instituted.
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