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WHAT IS TRADEMARK REGISTRATION?

Trademarks are a part of intellectual property right. Trademark registration is mandatory and done in the initial stage. Trademark protects the brand name from other businesses and makes you unique in the market. A trademark is a phrase, word, or symbol that identifies a certain product and legally distinguishes it from all other similar items. This name or symbol can't be lawfully used by another company.

WHY TRADEMARK REGISTRATION?

Trademarks allow you to differentiate your products and services from those of your competitors, as well as provide you with originality. If a company has a registered trademark, it can establish a reputation. A trademark uniquely identifies a product as belonging to a specific company and acknowledges the brand's ownership by that company.

ADVANTAGES OF TRADEMARK REGISTRATION

Legal Protection

Registering your trademark offers you a legal advantage over anyone who attempts to imitate it.

Brand Building

Trademarks assist you in maintaining and increasing the value of your brand in the marketplace. It create a trust between the consumer and the brand. The face of the firm or the goods and services is created when a trademark is registered.

Intangible Asset

In India, trademark registration establishes an intangible asset.To benefit the firm or the individual proprietor, Registered TM can be sold, delegated, franchised, or commercially contracted.

Economical

Trademark registration is quite affordable. Once you've registered your trademark, you won't have to worry about it for at least 10 years, unless you decide to renew it.

SYMBOLS OF TRADEMARK REGISTRATION

  • TM (TM): The TM symbol indicates that a trademark or device mark has been filed with the appropriate authorities but has not yet been registered.
  • R (R): The R sign indicates that the trademark or device mark in use has been registered with the relevant authorities.
  • SM (SM): Service Mark symbol indicates that a service or device mark has been filed with the appropriate authorities but has not yet been registered.

DOCUMENTS NEEDED

For Proprietorship

  • Logo (if any)
  • Aadhar card of Proprietor
  • Signed Power of Attorney (for Appointment of Attorney to file Trademark)
  • Signed User Affidavit (Only for Prior usage of marks)

For Private Limited, LLP and other small entities

  • Logo (if any)
  • Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
  • Signed User Affidavit (Only for Prior usage for marks)
  • MSME Registration certificate

STEP BY STEP TRADEMARK REGISTRATION PROCESS

1

Step
Search for name

The name search is one of the most important elements in deciding whether the trademark is available or not. Although choosing an all new and unique name is easy, the trademark is not guaranteed. The checkingof name availability, have chosen is the crucial step. Name search using the incorrect trademark may result in a waste of time, money, and possibly legal action.

2

Step
Applying for trademark

Once you get the availability report and finalised the brand name,we will file your trademark application. The entire process is digital and can be done with the help of an attorney or using the DSC of the individual. A trademark application includes device mark (logo) or word work (name of the brand), sound mark, three dimensions, goods' shape, and colours.

3

Step
Examination period

After submission, the examiner will review your trademark, to ensure that it is accurate. If there is a difference, the examiner has 60 days from the date of application to submit a trademark objection report.Around 75% of trademark applications are rejected owing to a lack of knowledge on how to choose a brand name. If the trademark department raises an objection, a response to the objection must be filed within 30 days of the examination report's issue. If a trademark objection reply is not filed within the specified period, the registrar may drop the application. The application will be sent to a show cause hearing if the trademark objection answer is not accepted. When the trademark is accepted, it will be published in trademark journal.

4

Step
Publishing in Trademark journal

Every 14th day, all the applications get published in the Trade Mark Journal. Anyone who has objectionon the brand name has four months from the date of the examination report to file an opposition with the trademark registrar. In the absence of objection, it will be transferred for registration.

5

Step
Trademark registration

The registration certificate is issued digitally by the registrar of trademarks once the trademark has been advertised in the Trademark Journal for four months. The trademark registration should be renewed every ten years.