TRADEMARK REGISTRATION
INTRODUCTION
Trademark Registration:
A trademark is any distinguishing statement associated with a good or service that distinguishes it from others. The majority of firms, however, are just interested in registering their brand name or logo. This expression could be a word, a slogan, a picture, a logo, a graphic, a colour scheme, a sound, or even the scent of something (not in India). Owners of trademarks are granted exclusive use rights in the categories for which they are registered (there are a total of 45 categories, called classes). Many laws classify trademarks as a sort of property.
Trademark owners can easily prove their ownership in court and get royalties if they register their mark. Furthermore, it inhibits other companies from registering similar company names and encourages piracy. You can run a trademark search to see if your brand name is comparable to one that already exists. A TM can be obtained in India in three days, but getting it registered so you may use the ® symbol can take up to two years.
WHAT IS TRADEMARK?
A trademark is a sort of intellectual property that consists of an easily identifiable symbol, phrase, or design that distinguishes the goods or services of one source from those of another. Notwithstanding the fact that the term “service mark” is widely used to refer to trademarks that represent services. A natural person, a business, or a legal entity can all hold a trademark. The following trademark symbols are permitted.
™ Trademark symbol used for an unregistered trademark.
â„ Service mark is used to promote brand service.
® Trademark used for a registered trademark.
TYPES OF TRADEMARK
Trademark is divided into two categories which are as follows
General trademark – General trademark is further divided into the following types
Generic Mark
Suggestive Mark
Descriptive Mark
Arbitrary Mark
Fanciful Mark
Specific Trademark – Again specific trademark has the following types
Service Mark
Certification Mark
Trade Dress
Trade Name
House Mark
Family of Marks
Sound Mark
Pattern Mark
Position Mark
Motion Mark
Hologram Mark
Multimedia Mark
Logotype
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
Address proof and ID proof of the Individual or Proprietor in case of sole proprietor
Udyog Aadhar Registration Certificate/ MSME Certificate
Copy of logo /Word mark
Signed form-48
Partnership deed or Incorporation deed
Address proof and ID proof of signatory in case of partnership/company/LLP
PAN card
PROCESS FOR TRADEMARK REGISTRATION :
Select a Trademark – The first stage in trademark registration is to select a trademark; it must be a distinctive symbol that will identify your products or services. After selecting a trademark, check to see if it is similar to any already-registered trademarks. The internet website of the controller general of patents, designs, and trademarks can be utilised to confirm this.
Online/offline Applications – Both online and offline applications must be submitted along with all required documentation.
Document verification – After you complete up the form, government officials will process and check the papers and trademark application. The applicant has 30 days to submit any complaints.
Grant of Trademark – At last, a trademark is granted.
Lead Time :
2-3 (registration)
How long does it take to register?
The application process for trademark registration is rather quick. We can do it as soon as we receive your authorization letter. Following the submission of our application, the government normally takes 18 to 24 months to confirm the registration and send you a certificate of confirmed registration for your trademark. Next, using the ® symbol, you can add your name.
We are the most suitable and knowledgeable option for TM/LOGO/Trademark Registration in Delhi NCR. Because we recognise that your trademarks are one of your company’s most significant assets, our professionals treat each case in that manner and support you in a very special and open manner. We are professionals in brand identity protection.
Is my Trade mark/Brand Name available ?
We may conduct a trademark search on your behalf if you have an idea for a certain brand name, logo, or slogan. You can easily verify if there is a company online with a name similar to yours by going online and doing a basic internet search. Additionally, you want to confirm whether the domain name for your company is available.
Who benefits from a trademark?
A trademark’s registered proprietor has a number of rights, including the ability to build and safeguard the reputation of his goods and services, prevent third parties from using the mark infringingly, seek monetary compensation, and secure the destruction of infringing merchandise and labels.
By charging fees for the registration and protection of trademarks, the government makes money.
Legal experts provide assistance to business owners about the choice, registration, and protection of trademarks and are paid as a result.
The buyer, who ultimately becomes the consumer of goods and services, has options from which to select the best.
Can a registered trademark be removed from the register?
If the mark is incorrectly still listed on the register, it may be withdrawn upon application to the Registrar on a prescribed form. Can the Registrar also issue a notice for the withdrawal of a registered trademark suo moto?
