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TRADEMARK® YOUR BRAND NAME & LOGO BEFORE ITS TOO LATE
Trademark registration in India is governed by the Trade Marks Act, 1999 and the rules made thereunder. A trademark is any symbol or word which is associated with a particular product or service, and a trademark registration in India provides legal protection to the trademark owner against unauthorized use of their trademark.
To register a trademark in India, the applicant must file an application with the Trademark Registry in the appropriate class of goods or services. The application must contain the details of the proposed mark, the class of goods or services, and the applicant’s particulars.
Once the application is filed, the registrar will examine the application and determine whether it is eligible for registration. If the registrar is satisfied, the application will be published in the Trademarks Journal, and a third party may oppose the registration within 4 months of the publication.
If there are no oppositions or objections, the trademark registration certificate will be issued to the applicant, and the trademark will be protected for a period of 10 years from the date of registration.
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List of Documents that are required to proceed with this service package are
You can register almost everything as a trademark, as long as it identifies and distinguishes the source of goods or services of one person from those of another. This includes business names, logos, slogans, sounds, colors, shapes, and even scents. However, not all trademarks are eligible for registration.
The ™ symbol indicates that you are claiming ownership of the mark and are using it to identify your goods or services.
The ® symbol, on the other hand, can only be used after your trademark has been registered. Once your trademark is registered, you have the exclusive right to use it in connection with your goods or services and the ® symbol indicates that your trademark is registered. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
WHO CAN APPLY:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only.
STEPS:
Step 1: Trademark Search
Step 2: Class Selection and Document Collection
Step 3: Trademark Application Filing
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete. process and watch out for any notifications /objections from the Trademark Registry until the brand registration is complete.
For Individuals & Small Enterprises
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name (soft copy)
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional).
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