Trade mark Registration | Trademark Registration Process, Benefits

trade mark registration

Trade mark Registration

Trade mark Registration- A trademark is a distinctive mark or sign identifying business and is used to differentiate a company from another and establish its reputation among consumers. If one does not register his trademark, brand name, logo, punchline, etc., then an imitator can not be prevented from confusing the public by using the same or similarly misleading name or symbol, which can result in long-term financial and economic damage for the company.

We always advise our customers to recognize all IP rights in the form of a trademark and to register each trademark, brand name, label, product name, logo, punchline, and domain name as the trademark in India for an efficient remedy in the event of any other person being misused.

Logo / Trademark Registration in Delhi NCR (Gurgaon, Noida & Ghaziabad), Mumbai, Banglore, Uttar Pradesh, Haryana, Punjab, Rajasthan, and Madhya Pradesh

Let’s secure your brand @ just Rs. 1499 (filling charges).

Register your Trade Mark / TM / Logo / Brand with the expert & largest attorney / registered agency for TM in India

LetsComply IP Practice is a full-service Intellectual Property Law Firm and IPR Attorney in India LetsComply IP Practice was founded in 2004 and is now a leading Intellectual Property Law firm providing specialist and sufficient advice and assistance to clients nationally and internationally in the areas of Trademarks, Copyrights and Designs, Patents, offering trade mark registration services, ISO Certification, drafting of patent specifications, Food License, IEC Code, patent registration, design registration, copyright registration, patent searches and trademark, filing and prosecution in India of national phase applications enforcing intellectual property rights and allied services. LetsComply IP Practice is an Indian law firm and located at Delhi, the capital of India, and has the 4,500 registered Trademark Certificates of their clients in India and Abroad.

We are an expert advisor & the best option for you when it comes to TM / LOGO / Trademark Registration in Delhi NCR. We take each and every case in a very professional manner & as we realize that TM is one of your company/firm’s biggest assets, our professional take it that way and help you in a very special and transparent manner. We’re best placed to protect your brand name & brand agency.

Identify Trademarks of Your Business

Business Name

Your Business Name is the most valuable trademark, you must protect it immediately before someone else steals it.

Logo of the Company

The logo is your brand illustration, work of art, or emblems. Send a high-resolution JPEG Image for Logo Registration.

Brands of The Company

The products of business are known by their independent name. It may be a wordmark or a device mark (image).

Punchline Or Slogan

Punchline or slogan such as Pepsi’s “Ye Dil Mange More” can be protected by the registration of a trademark in India.

Preparation & Documentation for Trademark Registration in India

  • Preparatory

Stage – 1

Selection of the Trademark

Each business has various IPRs, such as trademark, logo, punchline, brand name, domain name, product label, etc. Such marks may not, however, be eligible for trade mark registration. The first move should therefore be to recognize trademarks that qualify for registration pursuant to Sections 9 and 11 of the Trademarks Act, 1999, which stipulates relative or absolute grounds for denial of the trademark.

  • Preparatory

Stage -2

Trademark Search

The next is to see if such marks are exclusive after the recognition of the business marks, and it should not clash with someone else’s current trademark or business name. Carry out a thorough search in the trademark registry, which is available online to find out whether any identical or similar trademarks have already been licensed or are pending.

  • Preparatory

Stage – 3

Trademark Classification Trademark Class Finder

There are 45 classes in under trademark which a trademark can be registered on the basis of the activities for which the trademark is to be used, Classes 1 to 34 relate to goods whereas Classes 35 to 45 are for services. One trademark can be used for multiple business activities and may fall under more than one trademark category. We recommend that trademark applications be submitted in all such groups where there is even a portion of the operation involved.

  • Preparatory

Stage – 4

Documentation Provided for Trade mark Registration On this page, the documentation section provides a list of documents required for filing a trademark application. In general, authorization is required of the trademark attorney, an affidavit in support of the user data as claimed in the application. Such records are to be written on non-judicial stamp paper, which is notarized further. We will help you in drafting the same, and the details may be given to us in the questionnaire for that reason.

Trademark registration process in India, Trademark registration Delhi

Step 1

Trademark application filing

We submit the trademark application within 24 hours of full documentation and payment. Deposits are made in an online environment, and in most cases, recognition of trademark deposits is created instantly. The applicant can use TM on the trademark after creating the deposit receipt approval.

  • The second step

Order processing at the Trademark Office

After filing the application, it is checked for defects, if any, and based on the evaluation carried out by the ™ office by marking the request for further examination or declares that filing the application fails before the examination, these types of errors are required to be removed.

Step 3

Trademark Request Examination

Then the trademark application is examined by the trademark examiner to see whether the trademark is eligible for registration or not, and after the completion of the trademark application examination, the examination report is issued with the examiner notes.

  • The fourth step

Response to the examiner’s report

The inspection report issued according to the previous step must be answered within 30 days of the date of the examination report issuance. The response to the examiner’s report is an important formulation, which makes or breaks the brand’s application. We urge applicants to help us by providing the maximum amount of information and documents possible to prepare a response to the examination report.

Step 5

Show the cause of hearing

In most cases, the examiner may feel satisfied after receiving the written response to the examination report. However, before any negative behavior from the application is an opportunity for personal listening to the applicant, this stage is known as the case presentation.

Step 6

Publish brands

When the examiner is satisfied with the trademark eligibility, either in the examination or display stage, The application for a trademark shall be published in the trademark journal. Any person may oppose trademark registration, and in the event that he does not receive any objection within 90 days, the trademark is registered.

Step 7

Trademark registration certificate

Finally, after registering a trademark, a certificate of registration is issued by the trademark registrar. The registration certificate is valid for ten years from the date of submitting the application. Trademark registration may be renewed for a further period of 10 years for any number of years.

Online trademark registration in India

Register a trademark to protect the distinctive identity of your logo, logo, and trademark. Trust LetsComply, is a leading online service for online TM registration, anywhere in India

Online trade mark registration

It takes a lot of hard work and resources to build a brand. Next, it is important to ensure that you have exclusive ownership of the use of the logo, logo, shape, and packaging of the goods, sound, smell, color combinations, or anything else that gives your brand a distinct identity. Trademark Law, 1999 allows you to register a trademark in India. It allows for exclusive property rights and restricts all others from its next use, benefiting the owner of the registered mark.

Logo application can be made quickly and online. One can start using the “TM” icon once the application is made. However, the TM registration process takes up to 15-18 months. It includes various operations to verify the original owner of the mark. Trademark registration in India is undergoing many innovative changes. Consider this – one can now take advantage of trademarks of unconventional marks through which even a distinctive voice can now be registered as a trademark in India.

LetsComply experts over 1,000 brand applications every year. We serve customers in all India’s major cities like Mumbai, Delhi, Bangalore, Ahmedabad, Chennai and more.

The benefits of trademark registration India

Goodwill commercial guards

The trademark owner has the right to create, establish, and protect the goodwill of his products or services. The owner can illegally stop other traders from using his trademark. One can also sue the infringer to dilute the brand name and claim compensation for any violation.

Announces goods and services

Trade mark registration creates the face of the company or goods and services. This helps to differentiate and promote the formation of brands. Most companies find their identity through the following brands; it plays a pivotal role in advertising and increases the value of the brand.

Legal protection

The registered trademark gives its owner a legal right in case of infringement. Failure to register a trademark may leave the owner of the original brand name without any treatment.

Create an asset

Trademark registration in India creates intangible assets. The TM can be sold, appointed, or commercially contracted to bring benefits to the company or individual owner.

Proof of the applicant

Applicant’s PAN card and address book

Certificate of Registration (other than the individual applicant)

Brand name and logo

The logo must contain the trademark name applied to the trade mark registration

User certificate

If a specific date is requested for the user, the user’s written certificate is also required to present it

TM Instruction Manual

To require a specific date for the user, documentary proofs such as invoices, registration certificates, etc. must be provided in the name of the trademark

MSME / Start recognition

Partnerships and corporations affiliated with the authority (other than the individual) can submit a registration certificate under the plan for India or start operating it to benefit from a 50% discount on government fees.

Form signed TM-48

TM-48 is a legal document allowing an attorney to submit a trademark to the trademark register on your behalf. LW practitioners must prepare the document for signature All you need to know before applying for a TM registration

Frequently asked questions

What is a brand search, and how to do it?

The trademark is registered by the trademark registrant only if it is unique and is not identical to or similar to any existing trademark. A database of all registered and applied brands is available for public research. In the correct TM category, the applicant must look for an equivalent mark.

  • Link to general search from TM,
  • How to do Search brands,
  • Trademark attorney search report

What is the brand category? How do you do a trademark classification?

As for the registration of trademarks, goods and services are classified into 45 different categories. The most recent changes to the TM classification are made by the World Intellectual Property Organization (WIPO) on February 1, 2018. Chapters 1 to 34 relate to goods and categories 35 to 45 for services. Trademark protection is legally enforceable only within the specifications of a specific class of trademarks registered in it. Some time, one trademark and the related goods or services fall into multiple categories. In this case, the request must be filed in all these categories.

Trademark category and classification.

  • Search your goods or services in a comprehensive list,
  • Link to the NIC classification portal

What does TM or (R) mean?

The “TM” mark, the TM symbol is usually affixed to the upper-right corner of the mark, to represent its status as a trademark of the registration in which the application was filed. The mark “(R) is used after issuing a trade mark registration certificate. You must have noticed (R), and many companies have marked TM on a logo or plate.

  • “TM” – It is used when applying for trademark registration, trademark registration, logo registration, Punchline registration is deposited.
  • ‘ (R) ‘-This symbol is used when issuing a trademark registration certificate by the Trademark Office.

What information is required to apply for trademark registration?

To request trade mark registration, we need details of the trademark owner, contact address, type of mark, and details of the goods/services that TM is in use or proposed to use. You can provide us with all this information on the trademark application form.

What documents are required to apply for trademark registration?

The trademark owner must give permission to our team of trademark attorneys or trademark agents on the specified trademark authorization form. It is like a power of attorney to deposit trademarks and represent departments on behalf of the applicant. The trademark owner must also file a declaration with the right before the notary public about the user who dares the trademark. To download the trademark license and the user certificate form for the trademark, click on the type of applicant

Individuals

  • Partnership
  • Property
  • LLP
  • the society
  • The company
  • Confidence
  • Foreigner

What are the government fees for filing a trademark application?

Government fees for filing trademarks in India differ depending on the type of applicant. After the current slab of government fees.

Hungarian Forint and Hungarian Forint – Rs 4500 / –

  • for startup registered under the India Startup Initiative and MSME-Rs 4500 / –
  • For all other applicants such as Corporate / LLP etc.- Rs 9000 / –

What are the different stages that the trademark registration application must go through?

Registration of trademarks is a long-term process that varies from the merits of each case. In some cases, simply submitting an application to the Trademark Registry is sufficient, while in some cases, the administration or third parties may challenge it.

What is trademark registration, is it different from trademark registration or trademark registration?

A trademark is a thing that connects goods or services to the businesses that provide them. The process of registering a trademark registration/trademark registration is identical to that of registering a trademark or registering a trademark.

Should the brand be presented in the name of the individual or the name of the company?

Many startups register a trademark based on the name of the founder, while large companies prefer to do so in the name and logo of the institution. This is because the future of startup is always in doubt. If it is owned by the founder, then the trademark is valid regardless of the state of the entity.

What cannot be registered as a trademark?

These trademarks cannot be registered with any identical or deceptive mark similar to the existing registered trademark, or the trademark in which the registration application is already in progress. Also, the mark that is likely to lead to deception or confusion, or that appears offensive, may not be registered. Also, geographical names, common names, common trademarks, and abbreviated abbreviations are not subject to registration.

When is the registration for any period, the trademark is effective? Is it possible to renew the trademark registration?

The registered trademark is valid for ten years from the date of registering the application. It can be renewed every ten years, always. In India, the renewal application is filed within one year before the last trade mark registration expires.

How long time

  does it take to register a trademark?

Usually, it takes at least 15 to 18 months for a trademark to be registered in India once applied. The job that the owner can use (R) is a symbol next to the trademark. However, once the trademark application is filed online, the applicant can start using the (TM) code. Registration may be delayed due to verification.

What is the branding category? How to find the right layer?

The Comptroller General of Patents, Designs, and Trademarks has classified goods and services under Chapters 45. Your request must mention the category/layers that the goods/services represent. Trademarks are registered only under these categories. Our experts will help you find applicable and relevant layers. For each category, a separate application is filed by paying specific government fees.

Will the brand be valid outside India?

The registration application submitted under the Trade Marks Act 1999 is verified and registered in India and is still valid in India only.

How does a beginner qualify for a 50% discount on government fees?

If you have a valid certificate issued by an emerging India (an initiative of the Government of India), then your startup will be eligible to benefit from a 50% discount on government fees for registering a brand name.

What is the process for obtaining a trademark registered by the Ministry?

The trade mark registration process in India consists of the following main components before the trademark is granted:

  • Apply the brand in the appropriate category, with all the correct details.
  • Sending it to Vienna Blogging – Once a new trademark application is filed, the Vienna symbol is assigned if the trademark consists of symbolic / logo elements. The Registry notes Vienna so that trademark searches for artwork/logos can be performed.
  • Examination of formalities – This is the first step in verifying the application of trademarks, as the trademark registry usually checks to meet the basic requirements. This includes checking whether the service program has been downloaded (upon filing by a lawyer) and whether the appropriate written/written translation has been deposited if the translator is not deposited in the English / Hindi language.
  • Issuing the examination report from the Ministry – upon checking the basic details, the Registry examines the request contained under the various departments to see if the trademark you requested requires any clarification under any of the legal parts of the law. When they feel that any information is needed, they will issue an examination report with the relevant department to which the response should be provided.
  • Examination report issued/accepted – after accepting the trademark application or submitting it. Examination response if the record is satisfied, then the brand name, symbol, or both will be followed up to be published in the Trademark Book.
  • “Advertised by acc,” “advertised,” “accepted & advertised” – At this point, a trademark name, logo, or both are announced in the Trademark Book. It keeps this open for four months to any third party for opposing the published trademark. And when any such objections are received, the situation will change to the opponents – to whom an appropriate response should be given.
  • Registration – if there are no objections, clarifications, or other deals, the trademark application will be accepted and marked as “registered.” This is the time when the trademark applicant can start using the® symbol.

What is covered under Trademark Service by LetsComply?

It includes drafting the entire trademark application along with guidance for the appropriate categories. Moreover, the final filing with the Ministry’s registered attorney is also included in the service offer for a trademark application.

If I register my brand name and logo, will they be considered two orders or one app?

The Ministry accepts an application that contains the logo and the brand name as one application if they are presented together in one image. Hence, the charges related to one application apply. Separate filings may also be made if the applicant wishes to change the logo or brand name of one of them in the future and retain the other.

Can a multi-layered application be filed in India?

Yes, one can apply for registration in multiple categories in one application.

What are the government fees for applying one TM category versus multiple category applications?

For registration, fees are charged based on the ‘number of categories applied’ rather than ‘a number of requests.’ For individuals or startups, for each category, the government fee of 4,500 Rs is to be paid. For all other cases, government fees pay 9000 rupees. For example, if an individual applies to a trademark application under three categories, then the government fee will be 13,500 rupees.

Can the registered trademark be modified later?

Yes, the owner can amend the deposited mark in accordance with the provisions of Article 22 of the Trademarks Law. This allows modification of the mark that it does not report to a fundamental change in the symbol of the mark. Any superficial or insignificant character or feature of the said mark may be modified provided that an application is submitted in a specified format with copies of the modified label mark.

Is the trademark responsible for removal on the basis of non-use?

Yes, a registered trademark can be removed for non-use. If it has not been used for a continuous period of five years from the date of the trademark registration, and an application is made for its removal three months after the end of these five years, then it can be removed.

 

There are no comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Start typing and press Enter to search

Shopping Cart

No products in the cart.

Translate »

Thanks for contacting us