Trademark Registration™

Trademark Registration ™ in India: A trademark can be defined as the sole identity that makes your company, product, or service differ from others. Trademark Registration (TM) is your business’s conceptual property. It protects the expenditures made into creating trust and commitment among your customers. The registration furnishes the right against others who try to copy your trademark and stave off others from using a similar trademark of yours.
Trademark can be explained in the terms of Trademark Act, 1999 as, “Trademark means a mark efficient of being represented distinctly and differentiate the products, services or goods from one another and may include the shape of goods, fusion of colors and their packaging. Such a mark may include signatures, names, labels, headings, etc. The trademark holder can be an independent, business organization, or any enterpriser.

What is meant by Trademark Registration?

A term trademark refers to an identical word, phrase, symbol or design, phrases, symbols or designs that denote a specific product which identifies and distinguishes the origin of the goods/services from one enterprise to others. A trademark is a unique identification of the product that belongs to the organization’s ownership of the brand.

Many features of your brand image can be registered as a trademark. The feature you need to consider is which feature of your brand outfits to your customers. Pick that feature for registering.

1. Name: It may include Product Name, Business Name, Person’s Name/Surname, and Abbreviations.
2. Logo/Symbol: Decide on your unique brand name and logo.
3. Tagline: For example, Disneyland: “The happiest place on Earth.”
4. Other Options: It may include Color Mark, Sound Mark, Scent Mark.

Trademark Classification in India

Importance of Trademark registration for a business:

• It layouts your brand’s unique identity.
• It protects your brand’s identity lawfully.
• It helps you build confidence, trust, and loyalty among your customers.
• It gives unique strength to your brand.
• It protects from uncertified usage of your brand’s identity.

Benefits of Trademark Registration

• Exclusive Rights: The owner can have the unique rights
• Builds trust and Established reputation of the business:
• It makes it the customers easy to choose the Product:
• It Identifies the product’s Quality and customers attachment:
• Creation of Assets to improves self-confidence and responsibilities :
• The ® symbol states that it is your registered trademark no one can violate it:
• Protection against violation of your product:
• Attract Human Resources and inspires the positive image of your organization:

Renewal of Trademark

A Registered trademark is valid only for 10 years before the expiry of 6 months we need to file for renewal from time to time. The Trademark Renewal can be filed within six months before the expiry of registration/renewal. The Registrar will send a notice to the registered trademark as a reminder to the owner regarding the expiry of the registration of a trademark.

Restoration of Trademark Registration

In case the renewal was not filed before the expiry of the trademark then one should file the renewal under 6 months after the expiry of the trademark with late fees as a restoration.

The trademark renewal has two ways

1. The existing Trademark can be filed for renewal to change any signature or any words.
2. The Trademark renewal without a change.

The renewal process can be done by our consultants

1. The TM-12 application form is to be filled for renewal.
2. The application can be made by our consultants
3. Filing a trademark renewal application extends protection by 10 next years.
4. The status of the application can be checked after filing the trademark renewal application
5. Once the trademark renewal is approved then it is published in the trademark journal.

The required documents are:

• Dummy of the Certificate for trademark registration
• Copy of form TM-A (the form used for the original application for registering the trademark)
• ID and address proof of the Candidate
• Power of attorney if the applicant is an unauthorized representative or an agent.

Procedure of Trademark Registration:

The process of trademark registration online makes it easier. Register your trademark today to protect your company’s logo, tagline, slogan, and brand.

Trademark Search:

A trademark search wills allow you to find out a similar trademark that has already been registering with the trademark registry.

Trademark Application Filing:

After completing the search for a trademark the trademark application can be filled with the trademark Registrar.
The following information may include:

• Logo/Trademark
• Applicant’s Name and Permanent address of the trademark holder
• Class selection or Trademark Class
• Trademark used since the date
• Brief explanation of the goods, products, or services.
• Trademark Application Allotment

Trademark Objection (in some case) Hearing:

The trademark officer might have some questions about your application. Then the trademark officer will send the objection notice and you need to respond to it within 30 days.

Trademark Opposition (in some cases) hearing:

The third-party can also oppose your application. In that case, you can submit a counter-statement to the Registrar within 2 months stating why the opposition has been not valid. Then the Registrar may either disclose the opposition or call for a hearing.

Trademark Examination:

The trademark application can be reviewed by the trademark office for correctness and issue a trademark examination report. The Trademark Officer has the right to accept the trademark registration application and further allow for trademark journal publication.

Trademark Journal Publication:

If no objections are filed within 90 days of the trademark journal publication, the mark will customarily be registered within 12 weeks.

Trademark Registration:

Once the trademark registration certificate is furnished, the trademark is reviewed to be a registered trademark of the business holder.

Trademark Registration Faq’s

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