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In simple terms, trademarks are special, one-of-a-kind indicators that are used to identify a company’s goods or services. The brand registration or Trademark registration includes brand designs, images, signs, and even expressions. Having a registered trademark is essential since it sets the products apart from the competitors. It might be linked to the product or company. Trademarks are intellectual property, which means they are protected from duplication. The Trademark Act, 1999 protects trademarks and their rights.
To obtain trademark protection, it is necessary to first get a Trademark. It is crucial to register your trademark since it stops others from copying it and using it to mislead other goods. Registration of Trademark assist customers in recognizing the brand and its value in a single glance.
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1) Copy of the logo in .jpg or in .png format. Either in black & white or Coloured. Trademark can also be applied without Logo.
2) Signed Form-48, which acts like an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf on a Rs20/- stamp paper. We will provide you the format.
3) Identity Proof of the individual or Proprietor.
4) Address Proof of the individual or Proprietor.
Partnership / LLP / Company having MSME REGISTRATION
1) Copy of the logo in .JPEG or .PNG format. Either black & white or Colored image. Trademark can also be applied without Logo.
2) Signed Form-48, which acts like an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf on a Rs.20/- stamp paper. We will provide you the format.
3) MSME Registration Certificate/ Udyog Aadhar Registration Certificate. This certificates cuts down the registration cost from Rs.9500 to Rs.4500.
4) Incorporation Certificate or Partnership Deed.
5) Identity Proof of the Signatory (Director or Designated Partner)
6) Address Proof of the Signatory (Director or Designated Partner)
Partnership / LLP / Company not having MSME REGISTRATION
1) Copy of the logo in .JPEG or .PNG format. Either black & white or Colored image. Trademark can also be applied without Logo.
2) Signed Form-48, which acts like an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf on a Rs20/- stamp paper. We will provide you the format.
3) Incorporation Certificate or Partnership Deed.
4) Identity Proof of the Signatory (Director or Designated Partner)
5) Address Proof of the Signatory (Director or Designated Partner)
Benefits of having a Trademark in India
Use "TM" after applying for a trademark. Use "®" only after registration, and only for items/services listed in the registration certificate.
Only you can use your registered trademark. Take legal action for infringement if someone uses it without permission.
Registered trademarks are protected as intellectual property, granting exclusive rights to use them for specific product or service "Classes" and preventing infringement.
Registered trademarks enhance a company's value, goodwill, and net worth, boost expansion, retain loyal customers, and protect the company's reputation in the industry.
Trademark link product performance and quality to the brand, enhancing recognition and goodwill. This attracts new customers, retains existing ones, and boosts market value.
A registered trademark links products to customers, protects business earnings for ten years, and aids in expanding the customer base through new products and growth.
Trademark registration distinguishes your products or services from competitors, covering the entire class. Unique trademarks help customers recognize and build a loyal base for your brand.
In India, trademark registration is a valuable asset and equivalent to brand name registration. It's recognized as an intangible asset for accounting and tax purposes.
To find a unique and catchy company name, start by searching online to ensure it’s not already taken. Avoid common names as they’re likely in use. Instead, create a distinctive name by combining or inventing new words. This approach helps secure a unique brand name for your business.
For TM registration, you need to submit:
1. Proof of business registration and identification/address proof of owner.
2. An electronic copy of the trademark.
3. Proof if the trademark is used elsewhere.
4. A signed power of attorney.
These documents help complete the trademark application process.
Next Step is to file your trademark registration application with all required documents. Make sure to complete the application and pay the prescribed fee. This step is crucial for processing your trademark registration.
After you submit the application, the Registrar checks if you followed the rules and if your brand name doesn’t conflict with existing or pending trademarks. It’s best to choose a unique name to avoid disputes and ensure smooth registration.
Once the registrar reviews your application, they’ll publish your brand name in the Indian Trade Mark Journal. This is a key step. If no one opposes it within 90 to 120 days, your brand will move closer to registration and gaining recognition.
If no one opposes your trademark within 90 days, the Registrar will approve your application and issue a Registration Certificate with an official seal. You can then use the registered trademark symbol (®) with your brand name right away.
No. We can apply for Trademark online. So, we do not need your physical presence during the registration process. All we need is your required documents.
There are 45 classes under which goods and services has been classified . Your Trademark Registration application must includes one or more trademark class of goods and services. The trademark must be registered only under that classes.
For specific Trademark Class related information, check here: https://www.vakilgiri.com/all-about-trademark/
We hardly take 2 working days for your provisional trademark registration. After that, you receive an acknowledgement, which enables you to use the ™ symbol. Once it’s registered, you can use the ® symbol with your logo.
It entirely depends on the government’s judgement. But if it is unique, there are high chances that it will be allotted.
You can’t get that name trademarked. But there is a way out, you can design a unique logo for your organization and include your business name in it. A prefix would also be allowed. This is called as logo composite mark, but it is better to go for a unique name.
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