Legal Guides Associates - Registration Consultants in India
Sector 06, HSR Layout, Bangalore, Karnataka 560102 , India
9606 377 677 | 9606 277 677
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Wordmark, Brand Name, Logo, Online Trademark Registration for Small Business: A small business is defined as an agency or an organization that has fewer employees and less annual revenue than a corporation or regular-sized business. For example, a small business has a manufacturing facility that employs less than 500 people. If someone opens a small business, firstly in the beginning, that they will have few employees, They need Time commitment, They need to face the Risk, Financial commitment, Uncertainty, Other Key Decisions and Planning. Trademark makes it easy for employees to recognize the small scale trusted organizations. Depends up on the nature of business business operators can select appropriate trademark class from 1-45 as per nice classification.
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 India, 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.
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.
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.
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 process of trademark registration online makes it easier. Register your trademark today to protect your company's logo, tagline, slogan, and brand.
A trademark search wills allow you to find out a similar trademark that has already been registering with the trademark registry.
After completing the search for a trademark the trademark application can be filled with the trademark Registrar.
The following information may include:
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. If hearing officer satisfied application will go to acceptance or it will be posting for manual or online hearing in respective trade mark registry.
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.
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.
If no objections are filed within 90 days of the trademark journal publication, the mark will customarily be registered within 12 weeks.
Once the trademark registration certificate is furnished, the trademark is reviewed to be a registered trademark of the business holder.
Service mark Registration is the another concept of trademark registration procedure in India. Service marks usually using by service providers example hospital, finance, advertising, telecommunications, Medical services etc.. As per trademark nice classification class 35 to 45 comes under this category. Applicant's can use SM after filing application before respective Trademark Registry, and we can conclude that service mark registration and trademark registration both are two concept of intellectual property law (IPR) Depends upon services.
Protection of Brand name and Goodwill is an important factor of modern business. That can be done by filing application before trademark registry. All business operators are using different types of brand names under same company or different company. Before choosing a particular brand name search in trade mark registry is a compulsory task. In modern market and online platforms choosing a right brand name for the products or service is mandatory legal compliance. Brand name registration and Trademark registration are the same process in intellectual property rights.
Protection of logo is important one to identify products or services in the market. Peoples can easily identify the products by shape, colour, design and art. Logo registration procedure can be done along with trademark registration. Application can be filed along with name or logo can be field Separately. After filing logo application before trademark registry applicant can file copyright application also before copyright registration authority. Before filing logo registration application applicant want to ensure that it's should not be copied from other artwork.
® 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
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).
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.
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.
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.
® 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.)
® Trademark guarantees the quality
® Trademark advertises the brand name
® Trademark creates an image for the product and service.
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.
The term of a Trademark means the trademark renewal encloses the term of the Trademark by another ten years.
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.
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.
® 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.
The trademark renewal has two ways:
® The existing Trademark can be filed for renewal to change any signature or any words/alterations.
® The Trademark renewal without a change.
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.
Form-18 is used to apply the requisite fees. The application is reviewed for quality and excellence before it is approved for renewal.
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.
® 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:
® 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
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.
Three different types of the trademark they are:
® Descriptive Trademarks
® Merely Descriptive Trademarks
® Generic Trademarks
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.
A registered trademark has a valid period of 10 years, after which it needs to be renewed.
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/-
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.
The Nike ® logo with the swoosh is a combination of a word and a design that is a registered trademark.
45 Trademark Registration classification in India, and each classes using for different category of business. View Details