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- Trademark Application drafting
- Authorization letter drafting
- Trademark Class research
- Application filing
- Acknowledge to Do list for you
A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered.
Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etcTrademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years.
Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.IndiaFilings is the market leader in trademark filing services in India, offering a variety of trademark services like trademark filing, trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an IndiaFilings Trademark Expert.
Brand Name Finalization
Search on the Internet and Finalize your brand name after a due check on the IP India website as well as on the MCA portal.
- Logo Design
For Logo registration, design a logo. Make sure that it should look great, and it must be not matching with the existing brand.
- Trademark Consultant
You need to hire a Trademark Registration Consultant to help you and handle the entire process of Trademark registration.
Online TM Application Filing
Trademark Consultant will file your Application to the IP India website and after a due check of all available records in Public domain.
Application review by the Registrar
Registrar will check the Application, Description, etc. everything is ok. The status will have changed to "formalities check passed."
Examination of Trademark Registration Application
The Registrar will do an examination of the Application; compared with the existing Trademark. There should be no conflict with the existing Trademark, or Application pending for review.
Publication of Your brand in TM journal
After an adequate examination of records, Registrar will publish the brand for inviting the public objection.
Anyone has reason to believe that the proposed Trademark will cause any loss to him then he can file his opposition within 4 months from the date of publication.
The Applicant Company can submit his counter-reply within 2 months' time period after that Registrar will take his call by approving a trademark application or rejecting the Application.
Trademark Registration Online Approval
After No Opposition has been received the Registrar will issue an online Trademark registration certificate to you. It will be valid for 12 years.
You can add TM with your logo when the Application is pending for approval.TM mark is only for Products.
You can add SM with your logo when the Application is pending for approval.SM mark is only for Services.
You can add R with your logo when your TM application has been approved by Approved.
After Trademark registration online, the Trademark rectification process allows you to modify or rectify the earlier filled Application. Trademark rectification can also be filed in the following case if -
- Trademark registration online has been filled without sufficient cause or reason
- Trademark is likely to create confusion
- Non-use of a trademark for 5 years
- Non-Renewal of Trademark
- Any rectification or revision or addition
The proprietor of a registered trademark is allowed to take action or sue for loss or damages caused by any third party by infringement of Trademark.
- Brand Value
Trademark registration creates the intellectual property of a company; trade is an intangible for a company. A registered trademark can be sold or can franchise, or licensed to generate revenue.
Customer prefers to buy product or services from a brand or company whose Trademark is registered. The customer feels secure about the reliability of the brand.
- Brand Identit
After brand registration, your brand has its own identity. No one can register a company or apply for a trademark in the same or similar business class.
- Intangible Assets
Trademark is considered an intangible asset, and it has its own valuation at the time of the merger or demerger of the company.
The Trademark laws have classified goods and services in 45 classes. With each application, the applicant has to provide a class under which they are willing to register a trademark. Before the filing of trademark registration online application, the Applicant will require to select a minimum one class in which trademark registration is sought.
Yes, you can visit the trademark website and make sure that your proposed business name is not similar to a registered trademark in the same business activity.
You have to re-design your logo so that you can differentiate your business name with the existing registered trademark. If you are filing trademark registration application online, make sure that your logo should be unique.
Trademark registration application should be filled with the company name.
If your Trademark registration application has been marked as objected which means registrar has some Compliance issues with the brand and its description. Then, in that case, the trademark objection can be removed by filling the rectification form along with a well-drafted reply.
After the initial examination of records if everything is good to go from the side of the Registrar of a trademark, then the registrar will approve the application for publication in the trademark journal. The Advertisement and the Acceptance is the last stage of Trademark registration. After Advertisement the registrar will wait for 4 months to come to any Opposition from general Public.
As per trademark Act 1999, Trademark Opposition can be filled within a period of 4 months from the date of advertisement in the Trademark Journal. The Applicant Company will have to file counter-reply in 2 Months' time from the date of opposition. If someone has opposed your trademark application, please hire a senior Trademark lawyer to handle the case. You may be asked by Registrar to submit the Profit & Loss statement, Details of marketing expenses etc.
No. Trademark registered in India is valid in India only. If you are expanding your business in other countries then, we suggest you apply for an International trademark.
Trademark registration provides protection of brand name or logo or business name. Copyright is the protection of original works of authorship.