BASIC PLAN
TRADEMARK REGISTRATION:
o A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest and which helps to distinguish one business from another.
o If you are starting a business, it can be either a goods or a service or a brand, it is really important that you apply for trademark so that you can protect your business name / product name from being copied and also create an Intellectual asset.
o In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India.
Registering your trademark gives you exclusive rights in the trademark across India for 10 years.
o It gives the right to the owner to take legal action against someone who try to copy the business name, brand name or product name.
o Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration.
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TRADEMARK REGISTRATION
- Trademark is a unique identity symbol which may be a word signature, name, device, label, brand name, logo, company name which help to distinguish one business from another.
- If you are starting a business, it can be either a goods or a service or a brand, it is really important that you apply for trademark so that you can protect your business name / product name from being copied and also create an Intellectual asset.
- In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India.
- You can register the trademark under the act named, The Trademark Act, 1999.
- Registering your trademark gives you exclusive rights in the trademark across India for 10 years.
- It gives the right to the owner to take legal action against someone who try to copy the business name, brand name or product name.
- Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration.
- You can easily get a ™ within 3 days. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
- Benefits of Trademark Registration.
- It helps to Protect your business name, brand name, logo, slogan.
- You will enjoy exclusive right over the trademark.
- Builds trust and credibility on your Goods/Services.
- Protection against Infringement
- It help to communicate to your users.
- It help your customers to find you.
- It helps you to effectively utilize social media & web presence.
- Trademark value grow with time and it is an effective measure to invest via marketing.
- Unique Identification in Market.
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
1. APPLICANT’S IDENTITY PROOF
The applicant must produce identity proofs such as passport, Aadhaar card, driving license, voters ID or ration card.
2. PROOF OF BUSINESS
Where the applicant is a corporate entity, then documents like Partnership Deed, Registration Certificate or Incorporation Certificate must be submitted.
3. FORM TM 48
Form TM 48 of the Trademarks Act 1999 is a form to authorize an agent/attorney to file an application for Trademark registration on behalf of the applicant. The form must be duly filled, dated and signed for submission by the applicant.
4. LOGO WITH TAG LINE
The logo to be trademarked which is designed by the applicant must be submitted most preferably in black and white format. But in case the application trademark is made only for a word the logo submission is not mandatory. The applicant must ensure that the words mentioned in the application must match with the words contained in the logo.
5. USER AFFIDAVIT
When a claim of prior usage is made in the application, the submission of user affidavit is made mandatory.
WHAT CAN YOU REGISTER AS A TRADEMARK
1. Name
a. Product Name: You can register a particular product’s name as a trademark. For example – Apple’s iPod is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name. Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger lickin’ good’.
4. Other Options
a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it’s distinctive. Nokia has trademarked its tune.
c. Scent Mark: Even scents can be trademarked.
TRADEMARK SYMBOLS AND THEIR USAGES
- “R” Symbol: You will receive the R symbol the moment you file the trademark application for registration. This type of symbol protects the trademark from getting copied by others.
- “TM” Symbol: This symbol is for unregistered trademarks. It informs others from copying your logo, name, or symbol. It does not give you copyright protection, and others can apply your logo or name in case your application gets denied.
- “C” Symbol:The C symbol stands for contents that do not have any copyright issues. The symbol is necessary for many countries for copyright claims.
- “SM” Symbol: The service industry applies this symbol. The symbol is suitable for classes from 35 to 45. It never assures protection upon copyright issues.
PROCEDURE FOR TRADEMARK REGISTRATION
TRADEMARK SEARCH
- You give us 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.
- You need to decide on an available Trademark.
CLASS SELECTION AND DOCUMENT COLLECTION
- Select the appropriate class(es) for your Business.
- Our Experts will guide you in selecting the right classes to cover all aspects of your Business.
- Simultaneously, you can start uploading all the required documents (list as mentioned) for Trademark Registration in your Dashboard.
TRADEMARK APPLICATION FILING
- Once you upload all the documents, our team will proceed to verify them.
- 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.
- You can now start using the symbol ™ as the Application has been submitted.
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.
FREQUENTLY ASKED QUESTION - FAQ.
What names can I Trademark?
You can trademark your business name, product name, website domain name, brand name, logo or slogan.
What is a Trademark search?
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
When can I use the TM symbol?
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
Who can do Trademark?
Trademark lawyer or trademark attorney specialised in Trademark laws. It is recommended to get your trademark application filed by a valid trademark consultant.
Will the Trademark registered in India be valid Globally?
No, the registration shall not be valid globally but the registration done in India can be made as a basis for registering the trademark with any other country.
Can a foreign entity apply for Trademark registration in India?
Yes, a foreign entity can file an application for registration subject to the condition that an address for communication in India must be provided
Is it possible to have a descriptive Trademark registered in India?
No, it is not possible to register a descriptive trademark.
What is a Service Mark?
The service mark is similar to the trademark, just the difference is that it defines the service by it.
What is a collective mark?
A collective trademark is used by a particular organization and the members of this organization use it as an identity.
Can the multi-class application be filed in India?
Yes, it is possible under Indian Trademark law where the multi-class application can be filed.
What is a "WORDMARK"?
A wordmark is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Example Coca-Cola.
Can I sell my Trademark?
The Trademark can be sold or the ownership will be transferred as the renewal of the trademark is done.
Can you buy Trademark?
Yes, as the process of trademark registration is vast, it is possible to buy someone’s registered Trademark.
How do copyrights, patents and Trademarks differ?
- Copyrights protect a specific term or expression.
- Trademark protects the brand.
- Patents helps to protect an invention.
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