How does trademark registration online work?
The Trademark Registration Online registering visual representations, which can be a phrase, name, unit, sticker, digits, etc. The registration of a trademark in India enables the nominee or the trademark owner to protect his logo or label.
Present your brand a unique identity by registering its brand online with LetsComply
- Step 1- Trademark Search We perform a comprehensive search for TM Guide
- Step 2- Discuss the category advice on the layers that need to be applied below
- Step 3- Regular updates You will receive updates until registration
Online Trademark Registration in India – Overview
Branding can be defined as the unique identity that makes your product or service stand out from the rest. A unique identity or expression can be a logo, image, logo, word, sound, smell, color combination, or graphics. Most companies usually only search for the registration of the logo or name. When you come up with a unique idea or logo, patenting is the only way to protect it as a unique identity of your own. Intellectual property or intangible assets are registered trademarks. This serves as a protective cover for the investment that the company makes in the logo or name.
In India, trademarks are registered by the Comptroller General of Patents, Designs and Trademarks, Ministry of Industry and Trade, Government of India. You can register a trademark under the law called the Trademarks Act, 1999. Registration provides the right to file a lawsuit against others trying to copy your trademark. Also, no other person can use a trademark similar to that registered by another person. Once the trademark is registered, you can use the R code with it; it will be valid for up to ten years from the date of registration. You can easily get ™ in three days. However, to get®, it takes up to 2 years. If the trademark registration is close to the expiration date, you can always obtain a re-registration for another ten years.
What can your brand? Who can apply for the brand?
According to India’s trademark rules, items such as sound, logo, words, phrases, colors, images, symbols, initials, or a combination of all of these can be trademarked. All of these should be used to make your business stand out from the rest.
Private companies, individuals, companies, or NGOs can apply for trademarks. In the case of NGOs, companies, or companies, the trademark must be applied for registration in the name of the business concerned.
Why is trademark registration important in India?
Great job opportunity
The product or service sold under a registered trademark helps build trust, reliability, quality, and goodwill in the minds of customers. Compared to other sellers, it gives you a unique ID, particularly when you sell it on online platforms like Amazon, Flipkart, etc.
In the situation that you speculate that your trademark is being copied by anyone else, you can legally take up this matter and sue them if you have registered your logo, brand name, or logo.
Get your unique ID
Customers will only select a specific product or service with the brand. Trademark registration ensures that competitors will not use it, so it keeps the company’s unique assets.
Branding can be a valuable asset in case your brand name is created and successful. They can be commercially contracted, sold, and franchised.
Global Trademark Deposit
The registered trademark and deposited in India may also be deposited in other countries outside India. Likewise, foreigners can also obtain a registered trademark in India.
How do we help trademark registration? The process of filing a detailed trademark application
Search for signs
We help in the search for your brands by conducting a search using the Brand Manager (™). We also perform a detailed examination of the brand logo and the brand name you have chosen to ensure that it has not yet been registered under anyone else’s name. The trademark can be registered as soon as it is found to be unique. When someone else has already registered your logo or brand name, we’ll help you find ways to change it, so you don’t cancel your registration.
Choose a category
If you apply for registration, you will do it under the proper classification of the category. We help you to choose the appropriate category that you need to register. A trademark offers you the right to sell under a specific brand name within a specific sector of the economy. On the whole, there are about 45 sectors, and each sector is named as a category. Trademark records classify goods and services in 45 different categories. Each logo or brand name must be registered under the appropriate layer. For example, category 28 includes products and services related to games, sports, and toys. Next, if you are planning to launch a brand new game, you will have to apply under the category 28.
Prepare the request
After making sure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the letter of authorization first. This gives us the right to conduct the Trademark Registration Online on your behalf. You can sign and return the message to us. We also help you to fill out the form and continue to update the procedures until the registration process is complete.
The documents required to register the trademark
Duly signed authorization letter allows us to submit a trademark application for you. After receiving the authorization letter, we start preparing your documents, submitting the application online, and also paying for it. Soon, you will receive confirmation of the application, and you will get the right to use the ™ symbol.
While submitting a trademark registration, the documents that need to be submitted are as follows:
- applicant’s name
- type of employment
- Business goals
- Brand / logo / name logo
- Registration address
- Identity and business proofs
The trademark owner or the person authorized by the trademark owner must provide proof of identity. It can be your aadhar card, driver’s license, passport, ration card, or voter ID.
Use the logo with the Twitter line
If a Twitter branding application is made with words only, there is no need for a logo. In cases where the logo is used, it should be presented in black and white. The exact number of words in the logo must be exactly the same as mentioned in the trademark application.
On your behalf, the lawyer has the right to submit the trademark application to the trademark registrar. The user certificate must be presented with the trademark if the previous trademark claim was made in the application.
Important things to know about the trademark registration process online
Nowadays, with the advent of technological developments, Trademark Registration Online can be done easily on the Internet. You can get help from a registered trademark attorney for an online file without making an effort to visit the registration office.
The Vienna codification process
In the trademark process, the Vienna codification is a critical step. It is an international classification that is given once the application form is filled out. At this point, your request for registration will be indicated as – “Sent to Vienna Notation.”
After filing a trademark application for the Vienna classification, the trademark will be examined by the trademark officer in accordance with some guidelines and procedures. The officer may accept the application or reject it at his discretion.
A hearing before registering a trademark/employee
If the application for registration of the trademark is denied, the applicant can proceed to a hearing. If the officer can be satisfied with the documents presented, then the request will be passed. If the officer is not convinced, then again, he gets rejected the request. If he is not completely convinced by reason of the refusal, he can contact the IP Appeal Board.
Trademark symbols and customs
You can get the R code once you submit your trademark application for registration. This symbol helps protect the trademark from obtaining copies by others.
This symbol is for unregistered trademarks. And warns others against copying your symbol or logo, name, It does not give you copyright security, and others can use your logo or name if your application is rejected.
The C symbol stands for content that does not contain any copyright issues. The symbol or logo is mandatory in many countries for copyright claims.
The service industry uses this symbol. The symbol applies to categories 35 to 45. It also does not guarantee protection against copyright issues.
- We conduct a comprehensive search of TM Directory
- We prepare the authorization letter, so we can submit a trademark application for you.
- We advise you on the layers that need to apply.
- We help you fill out the forms with the registrar
- We continuously provide you with updates until the registration process is complete.
(FAQ) Questions and answers about trademark deposit
What is the branding category?
Trademark Registry has to classified goods and services under 45 categories. Your application must mention the brand (s) that the goods/services represent. The trademark will be registered under these categories only.
What brands do applications usually reject?
If your brand is similar to an existing app, it will harm religious feelings and contain geographical names or common words. It will also be rejected if it is likely to cause confusion. So you cannot register the word ‘car’ for a car brand, but you may do so for a brand of electronics.
When can I use the ™ symbol?
Once you submit the application, you receive an acknowledgment, which gives you the right to use the ™ icon. Once registered, you can use the® symbol.
How can I run a brand search?
Before settling on a trademark or brand name, you need to know whether it is possible to obtain the legal rights necessary for a contract to do so. This is due to the commercial rights to a trademark of the trademark owner. To see if you have already taken it, you can run a trademark search, which is basically a database search from the intellectual property database in India. Now, running a search is easy. Never select the word mark and write in the words you want to record. The results will tell you if another record with this name already exists.
If there is one, check its status. If it is approved, applied, objected, or opposed, it makes sense to choose another name. Search for phonetic similarities with other known names, too. To do this, a drop-down menu is required at the top of the page. While the voice search is not very precise, you may say with certainty that if there are no similar matches here as well, your trademark is accepted.
What if my trademark is taken but in another category?
If your brand name or logo has already been registered, but under a different category, you are still lucky. Unless the brand is well known (McDonald’s or Fiat, let’s say), your application will likely be approved. On the other hand, if the trademark is registered by another trademark after it has started to be used, you must take the matter seriously. Knowing the origin of the goods and sending the office a stop and desist letter. Although this message does not apply exclusively to intellectual property, it is usually sent in cases of infringement. If the party does not stop and refuses to sell the goods with your trademark at the time mentioned in the letter, you can take them to court.
What if someone has a similar word trademark?
You can not get the word, but everything is not lost. Alternatively, you can design a unique logo for your business and include the name in it. Take BMW as an example. BMW in the logo. The prefix will also be permitted. This is known as the compound logo. So there is a way out, but it is better to have a unique name.
Do you guarantee the approval of my trademark?
It depends entirely on the government’s rule. But if it is unique, it is very likely that it will be granted.
Do I have to submit the trademark in my name?
Many startup founders register this in their own names, while large companies prefer to do this in the name of the company. 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 company’s status. However, there is a need for a trademark license agreement in this case.
What kinds of different brands can I have?
Trademarks and copyright are intellectual property, but they serve different purposes. Copyrights apply to literary, audio-visual works (music, pictures, and films). Therefore, it is the exclusive right granted to the creator or author of a book, text, program, music, photo, or movie. The owner is entitled to cease publishing any work that shares similarities with his work unless it is done equally. Registration is not necessary. However, since copyright infringement has become commonplace in the age of the Internet, and requires registration in order for the matter to be taken to court, registration of copyright has gained importance.
A patent is a right granted to a product or process to an individual or an organization. This privilege gives the owner the freedom to exclude others from the manufacture, use, sale, or import of a proprietary product or process without prior approval. The claimant must report the invention in full, in return for this right. The patent is valid for 20 years and falls into the public domain afterward.