Trademark registration in India has become necessary at this day n age when brand identity holds as much value as the brand itself. If you apply for registration early, you will be saved from unnecessary and daunting financial and legal entanglements.
Trademark search and application filing
Trademark application analysis
Trademark Objection
Trademark reply/hearing
Trademark publish that may lead to opposition
Trademark registration/restoration/renewal
A trademark is a mark that uniquely identifies you, your business, your products, or the services you provide. Clearly stated, it is a mark of your trade or brand. There are many ways for you to define your Brand. You can use a name as your Trademark, you can use a smell, you can use a shape, or you can use an image.
Your property will get a unique identity but for that, you have to follow a process. First, check the availability of the trademark, and then choose the class selection, and document collection. Next, file an application, and lastly, if someone raises an objection then submit a counter statement to the Registrar within 2 months.
So, to protect this identity through online trademark logo registration in India, hire an expert to less down your effort, time, and money.
Benefits of Trademark Registration
After trademark registration, you will be the exclusive owner of your brand name in the eyes of the law. Other benefits of trademark registration are as follows:
Exclusive Rights on Product
The trademark registration provides you with complete rights over the trademark. The owner can apply for trademark registration for all the goods. By registering the goods, it provides exclusive rights to take action if anyone is found using a similar or identical trademark without authorised permission.
Builds Goodwill
After registering a trademark it provides goodwill and trust to the brand. When the brand becomes popular among customers then having a registered trademark will help loyal customers to recognise the brand. A trademark having good value and reputation will help in obtaining funds from different institutions.
Ensure Product Quality
While applying for the registration of a trademark, the products have to go through some tests, so having a trademark license shows the quality of the products. It creates an image among customers about the quality of products attached to a particular brand, and also helps to attract new customers. As customers always prefer goods which have value in the market.
Usage of Registration Symbol
Once the business got trademark registered, the owner can use the Ⓡ symbol on the logo. This symbol shows to the third parties that the brand is trademark registered, and cannot use it without permission. Also, the customer will get the assurance, that products and goods are original and have high quality.
Protection for Long Term
The validity of trademark registration is 10 years and it cannot be used in an unauthorised way by a third party for 10 years. Similarly, it provides the protection to brand in a cost-effective manner. After ten years, the owner has to apply for renewal of the trademark.
There are a total of 45 trademark classes in the country, and all the products and services are categorized into these classes
Some of the famous trademark classes in India are:
.png "Trademark classes in India")
As you might have already gathered, common laymen won't be able to conduct the trademark registration procedure. But of course, you can try, but for guaranteed results, you need the aid of trademark registration agents. Registrationwala is a team of trademark registration experts. We shall organize your documents, we shall file your application, and until your Trademark is published, we will be with you at every step of the way and then some.
For further online trademark registration in India inquiries, you can contact our experts.
.png "Eligibility Criteria for Trademark Registration in India")
How to register a trademark in India online? Before one moves to register the Brand logo, one must ensure that they have observed all the relevant pre-conditions before filing for a Trademark Registration. Therefore, we have enlisted the eligibility criteria for online trademark registration in India below for you:
Who Can Apply For a Trademark
Any company can apply for a trademark registration to save their products and services. Below are the entities that can do a trademark registration:
Joint Owners: The joint owners can file a trademark application for registration, in the application both their names must be included.
Proprietorship Firm: A proprietorship firm cannot file an application under the name of proprietor or business. If they do so, then the application will be considered a separate
Partnership Firm: as per the Indian Partnership Act, a partnership firm form when two or more individuals include in a business to gain profits which are equally shared.
Limited Liability Partnership: The LLP companies have their own identities, so they can file the trademark registration under the name of LLP. But the partners cannot be the applicant.
Indian Company: Any company be it private or public, should apply for the registration of a trademark under the name of the company. As every incorporated entity has its own identity, the director cannot be a trademark applicant.
Society or Trust: A trust is formed on a legal agreement where the beneficiary holds property and the nominee trustee controls the assets and other operations. And a society builds when more people come together to fulfil a particular purpose. Both the trust and society can do trademark registration on behalf of the society and trust.
Individual or Person: Any individual who wants to register the unique symbol or words can file the trademark application under their own name. It is not necessary that they own a business.
Types of Trademark Registration in India
There are different types of trademark registration in India, these are as follows:
1. Product Mark
This type of mark is used on products only and not on services. It shows the origin of a good and product which initially maintains the reputation of a business. All the applications related to trademark classes 1 to 4 are classified as product marks. The time taken in registering a product mark is almost 18-24 months. Some examples are Nestle and Amul.
2. Service Mark
The service mark is similar to the product mark but it is not applicable to products. The main use of this service is to differentiate the proprietors and the legal owners of the service. The applications filed under class 35-45 come under service marks.
3. Collective Mark
These type of marks are owned by the association and organisations, these marks shows a collaboration of superior quality services and products. Also, two individuals can use this trademark to represent that they are protecting a product or service.
4. Certification Mark
This mark shows the origin of the product such as material, quality or any other detail that is provided by the proprietor. The main motive to this type of mark is to issue some standards to any product. Example - ISI marks, FSSAI marks.
5. Shape Mark
The shape mark protects a particular shape of a trademark so that consumers can identify the product from its structure and can buy from the right manufacturer. Example - Coke bottle and Dairy Milk shape identifies the brand.
6. Pattern Mark
Companies which are making some type of specific pattern products can trademark their products to protect the work. A company have to prove first that their work is unique. Mostly, this type of mark is used in the fashion industry, such as big brands have this Louis Vuitton, Gucci, and Calvin Klein. In India, brands such as Sabyasachi, and Manish Malhotra use this mark so that no one copy it without permission.
7. Sound Mark
This mark is to protect sound, for example in India, the IPL tune is famous, so it is a sound mark registered. To get the sound mark certification, the company has to show that sound is original. Different associations, institutions, or even individuals can apply for sound mark registration.
.png "Documents Required for Trademark or Brand Registration in India")
Different business entities can apply for their Brand's logo registration. Accordingly, their need for required documents to be attested with the trademark registration application differs. Therefore, along with the document requirements, we have mentioned the relevant documents to be submitted according to the nature of the applicant's business.
The Partnership Deed
2.png "Process for online Trademark Registration in India")
There are several benefits of registering a Trademark with the authorities. But How does one apply online for a Trademark? You must first obtain the trademark registration certificate to bask in the registration benefits. The steps of such a certification are as follows:
Before filing the registration application with the RoT, every applicant must conduct a Trademark Search in India. To conduct a Trademark Check operation in India, the applicant must consult the appropriate consultancy, which can conduct a thorough Trademark Search on your chosen logo. If the trademark design is unique, the applicant can proceed with the online trademark application filing.
First, you need to file the online trademark registration application. When filing this application, you need to make sure that you have access to all the requirements, namely:
Submitting the application leads to the Registrar of Trademarks receiving it. The examiner then checks the application and carefully creates and examination report.
The examination report can either yield positive or negative results. You shall be notified about the report by the department. Or, you will have to make a trademark registration inquiry to get the answers.
The trademark application is accepted and will be published in the trademark journal.
Once in the journal, it shall remain published for four months. During this period, the general public can check the journal. Then, if the general public doesn't oppose you trying to register the Trademark, your Trademark shall be registered. Then, the RoT will issue the applicant the trademark registration certificate.
5 Things You Should Know Before You Apply For Registration
These are the important things that you should know before you apply for trademark registration, so these are the following things:
1. Must ensure that your trademark will provide you with a unique identity.
2. Choose a coloured or black-and-white logo. Must ensure you protect your brand colours and these colours should not be similar to others. A unique colour logo helps customers to remember the brand for example - McDonald’s.
3. Select the appropriate class for the trademark registration, if you find multiple classes then you can submit the request for all the marks.
4. Verify your availability, check if your desired trademark is available in each class or not. If you register online for multiple classes.
5. Claim the user date, which means the applicant has to choose the date on which the owner first uses the mark for commercial purposes. Because if two applications came, then priority will be given to the one who states the prior user date.
Note: Claiming a wrong user date is illegal, if the date is not confirmed, you can state “planned to be used”. Here the trademark will be safeguarded against future exploitation.
We at Registrationwala provide end-to-end solutions for online Trademark Registration in Delhi. Our trademark registration agents provide you with the following services:
Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Trademark Logo Registration in India. Contact us now if you seek to register your Trademark.
FAQs
Q. How to register a trademark in India?
A. To register a trademark in India you need to cover following steps:
Q. What is the cost of trademark registration in india?
A. For Individuals/ Startups/ Small Enterprises the fees payable for e-filing is Rs. 4500 and the physical filing fees is Rs. 5,000. In other cases, fees for e-filing is Rs. 9000 and physical fees filing for each class and each mark is Rs.10,000.
Q. How long does it take to process and its validity?
A. Previously the time it took to register the trademark in India was 15-18 months and now the time the trademark ministry takes is 6-8 months. Trademark registration is a lengthy process to get a trademark registered officially.
Q. Who can obtain a trademark registration?
A. Any entity or individual who claims to be a proprietor of a trademark can file a trademark application in respect to protect the goods or services.
Q. What are the documents required for trademark registration?
A. The required documents are a copy of the logo, signed Form-48, incorporation certificate or partnership deed, identification proof of signatory, address proof of signatory and Udyog Aadhar Registration Certificate (for partnership/ LLP/ Company). In case the logo is not provided, trademark application can be filed with the word.
Q. What is trademark registration eligibility?
A. The following entities are liable for trademark registration, Joint owners, proprietorship firm, partnership firm, LLP, Indian company, foreign company and trust or society.
Q. How to protect a company name and logo in India?
A. To protect the company name and logo, the owner must file an application to the registrar of trademark. After getting registration, must ensure the logo gets published in the Trademark Journal, and if no objection is received within 90 days the trademark got registered successfully. Once the trademark gets registered, the final confirmation will be received officially.
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