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Trademark Registration

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Online Trademark Registration

Trademark Registration in India at just Rs. 7000/- (all inclusive)

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 register 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.

TRADEMARK REGISTRATION IN INDIA

Trademark registration in India enables an individual to use signs or keywords to symbolize their company and its products in order to differentiate their products & services from those supplied by their competitors. Once a trademark registration process is complete, it cannot be used by anybody else for as long as it is in use.

In order to protect a brand name against malicious intent of the competitors, trademark registration online plays a crucial role. Once a trademark is registered successfully, the “TM” symbol can be used by the applicant and their brand.

Trademark Registration ELIGIBILITY

ELIGIBILITY FOR HAVING A REGISTERED TRADEMARK IN INDIA

Trademark registrations are frequently used to protect unique brands, slogans, or invented terms. The eligibility criteria for trademark registration process in India for different entities are listed below:

An individual

An individual who is not in the business of selling goods or services can file a trademark application and get trademark registration for a symbol or word that the applicant intends to use in the future.

Joint proprietors

In the event that two people decide to file a trademark application, both of their names must be listed on the application.

Proprietorship Firms

The complete name of the registrant must be given while submitting a trademark application in India for a proprietorship firm.

Firm in collaboration

While filing a trademark application for a partnership business, the names of all partners will be included. In case the firm involves a minor, the name of the guardian who represents the minor should be included.

Limited Liability Partnership (LLP)

The Trademark registration online for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity in which each of the partners has their own identity. Since the brand name registration belongs to the LLP, the partners can never be the applicant.

Foreign Company

If a foreign established entity applies for a trademark registration in India, the application must be filed under the corporate name, as it is registered in the foreign country. The type of registration, the country, and the statute should all be indicated here.

Advantages of Trademark Registration

Benefits of HAVING A REGISTERED TRADEMARK IN INDIA

A registered trademark allows business and a third party to differentiate their goods and services from those of a competitor. However, keep in mind that geographic names, common names, popular trade phrases, and common abbreviations are not eligible for trademark registration in India.

A trademark should be simple to use, marketable, and build brand recognition for your items in addition to being unique. Having a Trademark Registration in India has various advantages or benefits for their brand registration, such as:

Use of ® symbol

The Trademark registration symbol “TM” can be used with the items after one has apply for trademark registration. Only when you’ve registered your trademark may you use the symbol “R.” Furthermore, businesses are only permitted to use the ® mark for the items and/or services stated in the registration certificate.

Protection against Infringement

No one can use your registered logo under trademark. One can seek infringement action in competent courts in the country if a registered trademark is being used without permission.

Exclusive Rights

Registered Trademarks are considered as intellectual property, and they are thus secured from infringement. The exclusive right to use a trademark in relation to the “Class” of products or services it represents are also conferred by trademark registration.

GOODWILL & BUSINESS VALUATION

Trademarks that are registered and connected with the products increase the total value, goodwill, and net worth of the company in the industry. Trademarks aid in the expansion of the company. They aid in the retention of loyal customers and the protection of the company’s reputation.

BRAND RECOGNITION

Buyers link a performance of the product, quality, characteristics, and other attributes with the company that produces it. They recognize the goods by its logo, which is a recognized trademark. The products and services will be more easily recognized if businesses register a trademark. It also increases the brand’s goodwill. As a result, the brand is known and has a market worth over time. New customers are attracted by brand recognition, while existing customers are kept.

BUSINESS EXPANSION

A registered trademark establishes the connection between a company’s products and its customers. The trademark registration online aids in the maintenance and expansion of company’s consumer base. It grants an exclusive right to use it for a period of ten years, protecting the business earnings. By introducing new items and expanding their business, businesses can take advantage and benefits of having a customer base.

Differentiates Product

The items or services that are represented by trademark registration online are distinct. The use of a trademark will allow business to distinguish their goods from that of the opponents. Furthermore, because trademark registration is applicable for the full class of goods or services represented, it will aid in distinguishing the items. Customers recognise products with distinct trademarks in a unique way, resulting in a customer base for the product.

Asset Creation

Trademark registration in India can be considered as a valuable asset for a company. A trademark registration is equivalent to brand name registration. Trademark registration online is considered as an intangible asset for accounting and income tax reasons.

What's Next ?

Documents Required FOR TRADEMARK REGISTRATION

1. Individual/ Sole Proprietorship

2. Partnership / LLP / Company

3. Other Applicants

1. Individual/ Sole Proprietorship

2. Partnership / LLP / Company

3. Other Applicants

FAQ's

RELATED TO BRAND NAME REGISTRATION

1. Do we need your physical presence during the Trademark Registration process?

No. We can apply for Trademark registration online. So, we do not need your physical presence during the registration process. All we need is your required documents.

2. What is Trademark Class?

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/

3. When can I use the TM Symbol with my logo?

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.

4. Is there any surity that you wil approve my trademark?

It entirely depends on the government’s judgement. But if it is unique, there are high chances that it will be allotted.

5. What if someone has already registered similar name/logo?

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.

6. What if a desired trademark is already registered by someone but under a different class?

If someone has already registered your trademark but under a different class, then you’re still lucky, unless the brand is too reputed like that of McDonald’s or Audi, your registration is likely to be approved.

7. Which type of trademark applications are commonly rejected?

Those trademark applications which are identical or similar to an existing trademark. A trademark which may lead to deception, confusion or is offensive can not be registered. Common names, geographical names, common abbreviation and common trade words can not be registered as well.

8. Will my trademark registration be valid all over the world?

No, if trademark is registered in India, then it will be valid in India only. One advantage is that some countries uses the trademark registered in India as a basis for the trademark registration in their country.

9. How long is a registered trademark valid for

Validity of a Registered trademarks is for 10 years from date of registration. It is recommended to renew the trademark registration prior to end of the validity to keep their brand protected from copycats.

10. Can I register a trademark in my own name?

Yes, it is possible. Many start-ups register a trademark in their own name.

Trademark Registration Procedure

More simple than it looks!

Trademark Search

The quickest and most effective technique for any beginner to obtain a distinctive, innovative, and intriguing company name is to look up the brand name over internet. Opting for a unique and distinctive brand name registration is a smart option because most generic names are already in use. Thus, it is advisable to have a quick research procedure to verify that you are not applying for a brand name registration that is already in use. The best aspect is that you may develop a distinctive brand name for yourself by inventing or coining some words from a combination of generic phrases.

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PREPARING Trademark Application

For online trademark registration process, the following supporting papers must be submitted with the application:
– Business Registration Proof: An identification proof of the company’s directors and an address proof must be provided based on your registered business. In the context of a sole proprietorship, the proprietor’s id evidence, such as a PAN card or an Aadhar card, could be submitted. In the case of businesses, however, the company’s address evidence must be submitted.
– An electronic copy of the trademark.
– The proposed mark’s proof of claim (if applicable) can be utilized in another nation.
– The applicant must sign a power of attorney.

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FILING Trademark Application

Next step is to file your trademark registration application with all required documents and details. Under the trademark registration process, it is important to fill the application with the prescribed fee.

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REVIEW & EXAMINE

After the application is sent out, the Registrar will review it to see if the applicants followed certain terms to ensure that the brand name confirms to the law. Furthermore, for the registration, there should be no conflict or dispute among any current or pending brands. This is why it is preferable to go with a unique brand name.

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PUBLISHING TO INDIAN TRADEMARK JOURNAL

The registrar will then publish your brand name in the Indian Trade Mark Journal after the assessment process is completed. This is the most significant phase of the trademark registration, and no opposition should be filed within three months (90 days) or 120 days, depending on the circumstances, from the date of publication. After that, the brand is on its way to becoming well-known.

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Trademark REGISTRATION CERTIFICATE

If no opposition is filed during the stipulated 90-day time, the Registrar will accept the trademark application. And the Registrar will issue the Registration Certificate with the Trademark Registry seal.

One can use the registered trademark symbol (®) with your brand name immediately after receiving the certificate.

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Our Incredible Packages

INCLUSIVE OF TRADEMARK REGISTRATION FEES

₹9999

₹ 7000/- (all inclusive)

MSME Registration
Priliminary Brand Name Check & Suggestions
Filing of Application within 12 days
TM Acknowledgement e-copy
Reply to Objection raised during the process

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₹14999

₹ 10000/- (all inclusive)

MSME Registration
Preliminary Brand Name Check & Suggestion
Filing of Application within 12 days
TM Acknowledgement e-copy
Reply to Objection raised during the process

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