TRADEMARK REGISTRATION

Tradmark Registration

Trademark registration in India allows applicants to use symbols or words to represent an individual person/company or products offered by an individual person/company and distinguish the goods or services offered by them from competitors. Once a trademark is registered in India, it cannot be used by any other organization as long as it is used.
A trademark is a special and unique symbol used to identify a particular individual person/company's goods or services. It can be a design, drawing, symbol, or representation. This is important to set the product apart from the competition. It can be linked to your brand or product. Trademarks are classified as intellectual property and are therefore protected from infringement. Trademarks and their rights are protected by the Trademark Act 1999.
To obtain trademark protection, you must register your trademark. Registering your brand is very important as it prevents others from copying your brand or misrepresenting other products under your brand.
A trademark does not have a specific time limit. Trademark registration expires 10 years after registration, but unlike patents, the trademark can be renewed for another 10 years. This process can be carried out indefinitely. That means as long as you keep renewing your mark, it will not expire and will remain under the protection of the law.

Benefits of Tradmark Registration

It reflects your unique identity.

Helps to build trust and loyalty among customers.

It legally protects your brand identity.

It is an asset in itself

Prevent unauthorized use of your brand identity.

Procedure of Tradmark Registration

Trademark Search

Once you give our team the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.

Class Selection And Document Collection

The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our team will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents for trademark registration in your dashboard.

Trademark Application Filing

Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error- free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.

Trademark Objection (in some cases)

Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can draft a strong objection response and guide you in submitting the right documents and proofs.

Trademark Opposition (in some cases)

There is also a chance for a third party to oppose your application. In that case, you have to submit a counter statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.

Documents Required for Tradmark Registration

As a proof of Identity:

Signed Form-48
Proof of identity of the signatory
Address proof of the signatory
Proof of work (depending on industry)
Udyog Aadhaar / MSME certificate of enrolment

Eligibility Criteria of Tradmark Registration

Both Parties Own The Trademark

If you are a joint owner, send the request on behalf of both owners. Both parties own the trademark.

Partnership Firm

In a partnership firm, the names of all partners must be included in the trademark application

LLP

In the case of an LLP, the trademark application must be filed under the LLP name.

Case of a Company

In the case of a company, you have to apply in the name of the company.

FAQs

Q. What is a trademark class?

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.

Q. When can I use the ™ symbol?

As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.

Q. What if someone has a similar word trademarked?

You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So, there is a way out, but it is best to have a unique name.

Q. Do you guarantee approval of my trademark?

It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.

Q. How long does it take to get my trademark?

It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within few days if we can get all the details and documents at the earliest.