Trademark Registration™

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

Class 1 - Chemicals Class 2 - Paints Class 3 - Cosmetics and Cleaning Preparations Class 4 - Oil and Lubricants Class 5 - Pharmaceuticals Class 6 - Metal Goods Class 7 - Machinery Class 8 - Hand Tools Class 9 - Scientific and Electrical Equipment, Computers Class 10 - Medical Equipment Class 11 - Lighting Equipment Class 12 - Vehicles Class 13 - Firearms Class 14 - Jewellery Class 15 - Musical Instruments Class 16 - Stationery and Printed Matter Class 17 - Rubber Goods and Flexible Pipes Class 18 - Leather Goods Class 19 - Non-Metallic Building Materials and Rigid Pipes Class 20 - Furniture and Related Goods Class 21 - Household Items Class 22 - Ropes and Related Items Class 23 - Yarns and Threads Class 24 - Textiles Fabrics Class 25 - Garments and Footwears Class 26 - Fancy Goods Class 27 - Floor Coverings Class 28 - Toys and Sporting Articles Class 29 - Meats and Processed Foods Class 30 - Tea, Coffee and Cereals Preparations Class 31 - Fruits, Flowers, Vegetables and Agricultural Products Class 32 - Light Beverages Class 33 - Wine and Spirits Class 34 - Smokers Articles Class 35 - Advertising, Business, Retailing and Online Services Class 36 - Real Estate, Insurance and Financial Class 37 - Building Construction and Repair Class 38 - Broadcasting and Telecommunications Class 39 - Transportation and Travels Class 40 - Treatment of Materials Class 41 - Education and Entertainment Class 42 - Design, Development Of Software and Hardware Class 43 - Restaurants and Hotel Class 44 - Medical, Beauty and Agricultural Class 45 - Legal, Social and Security Services

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

  • What is the benefit of a trademark Renewal?
    • It establishes the Legal rights and Safeguards your product.
    • It Creates A Unique Identity for your products with brand name
    • It Creates Business Chances and can transfer the ownership to the interested parties
    • It helps the violation of your brand name and products
    • Legal Security for Brand Name
  • Which documents are required for trademark renewal?

    The following documents are required:

    • A copy of the Registration Certificate
    • Power of Attorney
    • An Address Proof of the Applicant and a copy of the application form (TM-A).
  • Can we file the renewal of the trademark after the expiry of Trademark Registration?

    Yes, it is possible through the Restoration of the trademark. 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.

  • How does the trademark registration differs from a Trademark renewal?

    The trademark registration is different it requires the unique logo, unique brand name, the required documentation, and procedure for registration. Trademark registration is valid for some time 10 years.

    The trademark renewal is done after trademark registration before 6months from the validation of the expiry period.

  • What is a trademark?

    Trademark refers to an identical name, word, image, symbol, design. A trademark is the unique identification of the product; it avoids the violation of your products.

  • How to select a good trademark?
    • First, you need to consider which feature is suitable for your brand and that it outfits your customer.
    • Avoid Geographical name, Surname.
    • Avoid the words that describe the quality of goods (such as best, perfect, super, etc.)
  • What is the function of a trademark?
    • Trademark guarantees the quality
    • Trademark advertises the brand name
    • Trademark creates an image for the product and service.
  • What are different types of trademarks that may be registered in India?
    • Name: It may include Product Name, Business Name, Person’s Name/Surname, and Abbreviations.
    • Logo/Symbol: Decide on your unique brand name and logo.
    • Tagline: For example, Disneyland: “The happiest place on Earth.”
    • Other Options: It may include Color Mark, Sound Mark, Scent Mark.
  • What means the term a Trademark?

    The term of a Trademark means the trademark renewal encloses the term of the Trademark by another ten years.

  • What will happen if one should fail to renew the Trademark?

    If one should fail to renew the Trademark then the registrar may cancel your trademark which will lose all the protection that comes with the registration.

  • What happens to the Ownership Rights after trademark Renewal?

    The proprietor can benefit from others by violation of the brand name, logo, and design. It provides permanent protection to your product. It Provides goodwill to the product/service.

  • What is the Trademark Renewal Procedure?
    • The TM-12 application form is to be filled for renewal.
    • The application can be made by our consultants
    • Filing a trademark renewal application extends protection by the next 10 years.
    • The status of the application can be checked after filing the trademark renewal application
    • Once the trademark renewal is approved then it is published in the trademark journal.
  • In how many ways we can renew the trademark?

    The trademark renewal has two ways

    1. The existing Trademark can be filed for renewal to change any signature or any words/alterations.
    2. The Trademark renewal without a change.
  • Does the owner have the exclusive right to the registered Trademark?

    In return for some financial indemnity, a trademark owner has the proprietary rights, to assign the mark, or license, the registered Trademark to someone else.

  • What is the form to pay the requisite fees to apply?

    Form-18 is used to apply the requisite fees. The application is reviewed for quality and excellence before it is approved for renewal.

  • Why the Trademark should be published?

    The Trademark must be published in the Trademark Journal. If no objections are filed within 90 days of the trademark journal publication, the mark will customarily be registered within 12 weeks.

  • What are the benefits of the trademark?
    • Exclusive Rights that 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 customer’s attachment
  • What information does the trademark application has?
    • Logo/Trademark
    • Applicant’s Name and Permanent address of the trademark holder
    • Class selection or Trademark Class
    • Trademark used since the date
    • A brief explanation of the goods, products, or services.
    • Trademark Application Allotment
  • Do I have to renew my trademark?

    Yes, you need to renew your trademark registration once in 10 years before 6 months before the expiry date else you may lose all the protection over the registration.

  • What are the types of trademarks?

    Three different types of the trademark they are:

    • Descriptive Trademarks
    • Merely Descriptive Trademarks
    • Generic Trademarks
  • The trademark can be renewed by paying renewal fees?

    Yes, It can be renewed by filing a trademark application online. A registered trademark in India has a validity of 10 years. But, it can be kept permanent by trademark renewal.

  • What is the period for renewal of trademark?

    A registered trademark has a valid period of 10 years, after which it needs to be renewed.

  • What is the trademark filing renewal fee?

    The official fee for online application filing for trademark renewal is INR 9000/-

    The official fee for physical application filing for trademark renewal is INR 10,000/-

  • What is the main purpose of a trademark?

    The Trademarks, copyrights, and patents protect different types of intellectual property. The trademark is the unique identity of the product. The trademark makes the customers choose their product with quality.

  • What is an example of a trademark?

    The Nike ® logo with the swoosh is a combination of a word and a design that is a registered trademark.

  • How many trademark classes are there in India?

    45 Trademark Registration classification in India, and each classes using for different category of business. View Details

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