Trademark Registration India
The Trademark Registration India was established in India in 1940 and is currently administering the Trademarks Act, 1999, and the rules thereunder. It serves as a tool and information center and as a facilitator in the country’s trademark matters.
Trademarking a Brand Name
By branding your company name, you are protecting the brand, its reputation, your ideas, all of which have undoubtedly invested a great deal of blood, sweat, and tear work on me. While the process of the trademark itself will take time in all areas that are considered, nothing would be worse than not protecting your trademark and potentially facing an infringement lawsuit from a larger company. Trademark Registration India
The process of register a trademark in India is now possible and convenient so that you can trademark any one of the things below or even a combination of the following:
Letter, word, number, phrase, graphics, logo, sound tag, smell, or a combination of colors.
Trademark registration procedures
- Browse the internet to get the brand name that is “wacky-enough.”
- Preparing the trademark application
- Fill out the brand name registration application
- Study the process of applying the brand name
- Publish your brand in Indian Trade Mark magazines
- Issuance of a trademark registration certificate
Step 1: Browse the Internet to get a brand name that is “wacky-enough.”
This is simply a short & best way for any newcomer to get an attractive, trendy, and interesting brand name. Picking up a brand name that is foolish and quirky is definitely a wise step because most generic names will already be in someone’s hands. Moreover, whistling on a specific name requires a quick search to ensure that you do not choose the brand or trademark name that has already in use. The great part here is that you can invent or do a few things with a mixture of generic words to build yourself a unique brand name. Trademark Registration India
Step 2: Prepare the trademark application
With the application the following supporting documents are to be submitted:
- Proof of commercial registration: based on your registered business (for example, individual ownership, and so on), proof of identity from company directors and address guides must be provided. In the case of individual businesses, proof of identity of the owner, including a PAN card, an aadhar card can be provided. Whereas, in the case of companies, proof of company address must be provided.
- Soft copy of the brand.
- The claim proof (which applies) of the proposed mark may be used in another country.
- The power of attorney signed by the applicant.
Step 3: Fill out the brand name registration application
Manual packaging and electronic filling are two different ways to deposit a registration.
If you choose “manual fill,” then you have to move personally and hand over your application for registration to the registrar office of brands that are located in major cities in India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait at least 15-20 days to receive the acknowledgment.
But in the case of an electronic filing system, you will receive your receipt to be immediately recognized on the government website. Once after receiving your recognition, you are eligible to use your own brand (TM) symbol next to your brand name!
Moreover, in the event of rejection due to the lack of approval of the name, the applicant will have a second opportunity to re-fill the same Spice form without any additional fees. This means that you get two chances to submit the same form without any additional fees for paying Rs. 1000 / – both times.
In case of incompetence to get the name adopted in the second go, you can submit the spice model again from scratch. This will prove to be cheaper on any given day than to choose the first option.
The whole process including name approval and foundation takes about 2-3 days Trademark Registration India
Step 4: Study the process of applying a brand name
Once the application has been sent, the registrar will verify whether you have followed some conditions that your brand name, the current law. Furthermore, there should not be any dispute or dispute between existing or pending trademarks for registration. That’s why we preferred you to choose a quirky brand name!
Step 5: Publish your brand in Indian brands magazines
After the examination process, the registrar will publish your trademark name in the Indian trademark mark. This is undoubtedly the most important part of trademark registration, and there should not be any opposition within three months (i.e., 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is to move towards acceptance. Trademark Registration India
Step 6: Issuing a trademark registration certificate
If there is no opposition posed during the stipulated 90-day duration, the registrar must approve your application for a trademark. Hi! This will be the happiest moment as the registrar issues the Trademark Registry Stamp registration certificate.
You can use the registered trademark symbol (®) next to your mark name from the moment your certification is given.
Thus with this blog post, we believe that even a novice can understand all about building a brand name and successfully registering it.
Trademark Registration India Frequently asked questions (FAQ)
What is a Trademark?
A trademark is a graphic type of a visual symbol representing the trademark and differentiating itself with other traders. It may be a logo, signature, name, mark, term, letters, numbers, types, etc. A trademark symbolizes the identity of the business, so the company decides, after conducting research, to make the brand unique and attractive. As they are intangible or intellectual property assets, they are used for different products or services from other similar products or services produced by a separate organization.
Although trademarks are not mandatory by law or government, it symbolizes the trademark, identity, and quality of the company.
When can the trademark not be registered?
The trademark is supposed to be the company’s assets. Therefore, a similar trademark will not be registered or copied from other organizations. So it should not be identical or copies of other companies. Besides, the trademark, which is fictitious, offensive, identical, contains prohibited elements, etc. It cannot be registered under the law.
Why registered a trademark?
Being an important asset it needs to be registered to prevent the use of your brand name by other business owners. It protects the company’s rights or investments, which it has invested in the brand or logo. An example could be highlighted with the help of giants such as Siemens, Apple, Pepsi, and Coca-Cola that belong to the same industry so far, which indicates separate brands. Likewise, we can find many examples of live companies that carry the trademark as a trademark such as LG, Godrej, etc. The trademark, as the business identity, distinguishes a company with other companies as a trademark. Once registered, the company obtains recognition from trademarks, along with the business name. The brand serves the badge, brand, quality, loyalty, goodwill statement,
How to register a trademark?
Trademark registration does not consist of complicated procedures, only to follow simple procedures. Trademarks are registered under the Trademarks Act, 1999 by the Comptroller General for Patent and Trademark Design, Ministry of Commerce and Industry, Government of India to prosecute other merchants in case of company trademark violations.
Who can apply for trademark registration?
Any individual, owner, company, partnership firm, or legal entity can apply to register the trademark, and the symbol ‘TM’ can be used until the registration is approved. Once the trademark is registered, the company may start using® after obtaining the certificate. All the whole process may take up to two years or 18-24 months. The registered trademark is valid for ten years, and it needs to be renewed at a later time.
The brand is a guarantee of service, products, quality, and advertising. So care must be taken of misuse of himself. The brand should not be the same as others.
The documents required for filing a trademark registration application?
To file a trademark application, one must attach the following documents: –
Trademark or copy the logo,
Applicant details – name, address guide, proof of nationality
Products or services to be registered
Copy his signed power of attorney on 100Rs. Stamp paper
The first date of use of the trademark before obtaining or applying for registration
The firm may do the work on its own or through a company-owned legal representative. It may also assign the job to some experienced consulting firms with registration business experience.
Trademark process and registration?
As we mentioned, the brand is the visual form that is usually taken as the company logo. The logo is designed by a graphic designer or any Photoshop maker, but one should follow strict guidelines before designing a logo. The company must carry out research through the trademark agent to verify the similarity of the trademark. Such agents check with the Trademark Office to ensure the authenticity of the brand or to never be licensed with any other company. This test can be done through any process, i.e. online verification and offline verification. One may adopt both procedures to double it to ensure accuracy and uniqueness.
Once the brand is verified with reliable resources, the company may operate. In case of duplication, it needs to get redesigned again, and you will have to do the same search again until you find the exclusive brand. Once uniqueness is achieved, the company or representative must request the formulation of an application in addition to the required documents. After filing the application, the company may use ‘™’ until approval is received.
Once the application reaches the Trademark Office, it will check data to avoid duplication. In the case of repeated application, the last application may be rejected. Otherwise, the trademark mentioned in the Trademarks Magazine will be published for a period of four months to verify any sound against the trademark. If anyone creates an objection, the trademark will be in issue for the hearing until the issue is resolved. After all, clarifications received from legal authorities, the trademark can be sent for registration, which will be approved within six months. The order status can be checked or monitored electronically with the order number issued to the owner of the trademark.
Trademarks being intellectual property and intangible assets and held an important place in the business for at least ten years, which will be renewed after ten years. The company may renew the same brand or can apply for a new brand while following the same process mentioned above.
Usually, trademark registration companies have their qualified employees who abide by the entire process responsibilities on behalf of the company with a certain amount of advisory fees or fees. Hearing the charges, and responding to the charges (in the case of the submitted opposition), may be separate from the trademark registration fees. Choose an experienced legal representative or trademark consulting firm to handle the entire registration process until approval.
What kind of trademarks are not registered?
It is not possible to register any trademark, which is identical or deceptive, such as the existing registered trademarks or the trademark to which the registration application was submitted. Also, the trademark that is likely to cause deception, confusion, or that is offensive may not be registered. Also, geographical names, common names, common words, and common abbreviations are not registered as trademarks.
Why do I have to apply for a trademark?
Obtaining a registered trademark has a number of commercial advantages, such as:
- Register your trademark to obtain an exclusive right to it.
- Protect your brands, such as your company’s other assets and properties.
- It will help you protect your hard-earned goodwill in the business.
- You can prevent others from promoting the same brand in the same business industry.
- It will give you nationwide protection for your trade.
What is a nice rating?
Nice Classification (NCL) is a global system used for the classification of goods and services for registration of a trademark. It has a total of 45 classrooms (1-34 for products and 35-45 for services).
Can I register a trademark before starting work?
Sure, even before starting a business one may register a trademark.
Can I get a global brand?
No. Regional brands are in nature, which means, if you are getting a trademark in India, then it will only be valid for India.
What is the authority to register a trademark?
The registered trademark is valid for ten years from the date of submitting the application. The brand may be renewed again.
When can I use the R or TM code?
The “TM” symbol can be used after filing a trademark application. “R” should be used only after trademark registration. The ® symbol may only be used in relation to the goods and services specified in the certificate of registration.
What is trademark infringement?
Trademark infringement is the unauthorized use of the trademark or service mark in or in connection with the goods and/or services in a way that is likely to cause confusion, deception or error regarding the source of the goods and/or services.
Does my registration of a trademark extend to all types of services and goods?
Trademark registrations are unique to the goods or services they represent. Records are a specific product/service made of a “category” of goods or services that they represent. Therefore, the trademark registration will be valid for the entire category of goods or services that it represents.
Is a digital signature mandatory for trademark registration procedures?
Yes, the authorities authorize applicants to verify all documents they provide, including a request to register a trademark with a Category III digital signature. Our experts will assist you in verifying documents by email.