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Trademark Registration

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Trademark in India

Protect your Brand by registering your Logo, Brand name and Slogan with LawyerINC. Start now, avail our services and get your trademark registered hassle free.

Trademark 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.

Trademark Registration- the way to protect your business

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.

What is a Trademark? Who can apply for a trademark?

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 application.

Importance of Trademark Registration in India

  • Legal protection
  • It validates product as intangible assets
  • Provides exclusive right to the Owner
  • Gives unique identity to the brand
  • Distinguishes product from other matching product from competitive businesses.
  • Creation of trust and goodwill in customers mind
  • Helps in popularization of brand

Importance of Trademark Registration in India

  • Legal protection
  • It validates product as intangible assets
  • Provides exclusive right to the Owner
  • Gives unique identity to the brand
  • Distinguishes product from other matching product from competitive businesses.
  • Creation of trust and goodwill in customers mind
  • Helps in popularization of brand

What are the documents required for Trademark Registration in India?

1

Details of the applicant

2

Brand/Logo/Slogan Name

3

Details of Business Type and Objective-

4

Board Resolution

5

POA

6

Description of Products

7

Address Proof

8

Signed Form TM- 48

*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.

What are the services LawyerINC offers for Trademark Registration?

  • Free Consultation for enquiry
  • We will get in touch with you through renounced lawyers in this field
  • Expert Guidance for document verification and procedural details
  • Documentation verification
  • Application Preparation
  • Search for Brand name and Approval
  • Application Filing
  • Same day Filing
  • Government Fees

*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.

Symbol Used After Trademark Registration

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.

Procedure for Trademark Registration in India

Completion Form

Trademark Search

Trademark Class

Filing Application

Get Deliverables

  • Trademark Search

    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 by agent or applicant.

  • Trademark Application Filing:

    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 registered in 2 or more classes, he needs to pay prescribes fees as per the class.

  • Trademark Application Allotment:

    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.

  • Trademark Examination:

    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 authority, he can file an appeal against the decision of Trademark officer before Appellate Authority i.e. the Intellectual Property Appellate Board.

  • Trademark Journal Publication:

    if Trademark Officer accepts the application, the expected trademark is printed in the Trademark Journal. This report is published on weekly basis and contains all the trademarks registered during that period.

  • Trademark Registration:

    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.

  • Trademark Renewal:

    As Trademarks are initially granted for a particular period of time and after that they can be renewed by owner for perpetuity to avoid any confusion.

Frequently Asked Questions

  • 1. What does symbols “TM” and “®” signifies?

    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.

  • 2. Where can I file trademark application?

    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.

  • 3. Where can a foreign resident file trademark registration application?

    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.

  • 4. Is the registration of trademark compulsory?

    No, Registration of a trademark is not mandatory but it is a prima facie evidence of the proprietorship of the trademark under registration as no suit infringement of unregistered trademarks can be instituted.

  • 5. Why to get trademark registration through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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