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Trademark Registration

Trademark registration provides an exclusive right to the owner and makes its products and services distinctive from others. It is not mandatory by law; however it is a good idea to get it done for your business name. Are you planning to register your business name as trademark? Contact us and get your business name registered as a Trademark.

 

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Overview of Trademark Registration

Trademark is termed as the unique signs that are used to make the goods or services distinguishable from others. They can be designs, pictures, signs, or even expressions. To get the protection of trademark rights, a person /entity has to apply for trademark registration.

Trademark registration helps in preventing others from copying the mark (Registered mark) and misrepresenting other products with the registered mark. Registered trademarks help the customers in recognizing the brand and the brand value at one instance.

A registered trademark is the business’s intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, Trademarks are registered by –

  • The Controller General of Patents, Designs, and Trademarks,
  • Ministry of Industry and Commerce, Government of India.

The trademark is registered under The Trademark Act, 1999. Trademark registration provides the right to sue against the person /entity who tries to use the registered trademark. A person cannot use a similar trademark that is already registered.

Who are Eligible for Trademark Registration?

The Below-mentioned entities are eligible for trademark application –

  • Private firms,
  • Individuals,
  • Companies, 
  • Limited Liability Partnership or NGOs.

Note- In the case of Companies, Non-Profit Organizations, LLP’s, the trademark application has to be filed in the name of the concerned business.

Trademark Registration

What are the Benefits of Trademark Registration?

Registered Trademark helps the owner in availing various benefits. Below mentioned are a few of them:-

  • Building Trust and Business Opportunities
  • Provides Legal Protection
  • Global Registration of Trademark
  • Exclusive Rights
  • Acts as an Asset
  • Builds trust & Goodwill
  • Differentiates Product
  • Recognition to Product’s Quality
  • Use of ® Symbol
  • Protection against Infringement
  • Protection for 10 Years at Low Cost
  • Building Trust and Business Opportunities

    Registered trademark helps in building trust and enhances business opportunities.

  • Provides Legal Protection

    Registered trademark helps the owner by providing legal protection i.e. if any person uses the registered trademark without the permission of the owner, he can issue a legal notice and sue them for using the registered name.

  • Global Registration of Trademark

    A trademark which is filed and registered in India can also be filed in other countries.

  • Exclusive Rights

    The owner of Registered Trademark enjoys exclusive right over the trademark. She/he can use the same for all the products falling under the class (es) applied. It gives the right to sue the unauthorized user of the Trademark Registered.

  • Acts as an Asset

    In case the brand creates a name, the registered trademark can be a valuable asset.

  • Builds trust & Goodwill

    The recognized quality of your product & services are known by everyone throughout the trademark & which set up trust and goodwill among the customers in the market. It helps in generating permanent customers who are loyal & always opt for the same brand.

  • Differentiates Product

    Trademark Registration makes easy for customers to find your products, and provides Unique Identity in the market. It makes your product & identity of products different from that of the already existing and foreseen competitors and acts as competent commercial tool. The logo of your company can communicate your quality, vision, or unique characteristic of your company.

  • Recognition to Product’s Quality

    It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

  • Use of ® Symbol

    Once your trademark is registered you can use this ® symbol on your logo showing that it is a registered trademark & no one can use the same trademark. It is elite of all types of usages and rights, where if someone else use the trademark then you can also sue the party if the trademark is registered.

  • Protection against Infringement

    No competitor/other person can use the word mark/logo registered by you under trademark Law. However, if in any case one utilizes it without the approval of the owner of trademark or make any misleading use of same, the owner can obtain the legal protection under the Trademark Act and stop the person doing so.

  • Protection for 10 Years at Low Cost

    The process of Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create a unique image.

What Checklist is to be Considered While Filing the Trademark Application?

Before filing the Trademark application, an applicant needs to overview the below-mentioned checklist:-

  • Trademark Search- Name Availability
  • Class Selection
  • Preparing the application with a unique name and logo
  • Arranging the proper documents.
  • Business working proof.
  • Form 48(An attorney to authorize the trademark registrar applying the application.
  • Vienna Codification process
  • Examination and hearing before the Trademark Officer.

What Documents are Required for Trademark Registration?

Before filing for Trademark registration, an authorization letter is required to be signed by an applicant that allows the Trademark registrar to file for trademark registration on behalf of you. The Trademark registrar helps in arranging the requisite documents. The Below-mentioned documents are required for a trademark application, which are as follows:-

  • Name of the Applicant- ID Proof
  • Identity Proof of the individual or Proprietor.
  • Address Proof of the individual or Proprietor.
  • Type of Business Organization and work Activity
  • Particulars of the Business objective.
  • Details of Brand and logo.
  • Registration address
  • Identity and Business Proof
  • Details of the tagline used in Logo.
  • Form 48

The applicant needs to submit their identity proof. It can be-

  • Aadhar card,
  • Driving license,
  • Passport,
  • Ration card or
  • Voter id.

What is the Procedure for Filing the Trademark Registration?

The procedure for filing the Trademark registration is mentioned below:-

What is the Procedure for Filing the Trademark Registration?
  • Step-1-Search for Mark Availability (TM Search)

    Before applying for Trademark registration, it is advisable for an applicant to search (to check whether the trademark is unique or similar to the registered mark.

    For the same, an applicant can go on the MCA website and can search the respective mark by doing a public search. Additionally, all you need to do is to choose your class and search the online database

  • Step-2-Selecting a Unique Trademark (Class)

    Before filing for a trademark application, an applicant must choose a unique and distinctive mark that must be different from registered ones.

    Secondly, it is important to identify to which class an applicant belongs to. At present, there are 45 classes of goods and services under which the trademark can be registered.

    Note-Classes 1-34 are for goods and classes 35-45 are for service.

    • Step-3-Filing the Trademark Application

      While filing the trademark application, an applicant can file for a trademark under “one” class i.e. Trademark registration can be done only for the specific class that an applicant has chosen. For that, you have to fill in Form TM-1.

      The Second option is to file for multiple classes or series trademark, or collective trademark. For the same, an applicant has to fill in Form TM-A This form allows you to register the trademark beyond one class. For filing the application, user has to register for logging in. If the user is already registered he can log in using the existing User ID and Password.

    • Step-4-Payment of Requisite Fee

      The fee payable for the filing of form TM-1 is rupees 3,500.

      For Form, TM-A-The fee for filingForm TM-A is classified into 2 structures-

      • Rupees 9,000-If an applicant is not a start-up, small enterprise, or an individual an applicant will have to pay Rs 9,000 for e-filing of the form or Rs 10,000, if an applicant files the form physically.

      • Rupees 4,500-If an applicant is an individual, small enterprise, or a start-up then an applicant will fall under this fee structure and Rs 4,500 is the charge for e-filing of the form or Rs 5,000 if you file the form physically.

      An applicant shall take into consideration all the factors that are necessary before filing the Trademark application. A single mistakemay lead to the rejection of the application.

    • Step-5-Submission of Trademark Application

      An applicant can submit the applicationon its own or by an agent. In case of Online Submission, confirmation of submission will be done immediately. However, in the case of physical submission, it may take to 15-20 days.

    • Step-6-Examination by the Registrar

      Once the application is submitted, the Registrar will verify whether an applicant has followed the requisite criteria i.e., the mark name complies with, the existing law.

    • Step-7-Reply to Examination Board in case of Discrepancies

      While examining the application, the authority can raise objections or ask for further clarification. For the same, the applicant needs to be careful while replying the query and the response must be supported by legal interpretation and reliable judicial decisions.

    • Step 8: Publication of mark in Indian Trademark Journals

      Once the examination is done by the Registrar; the Registrar will publish the applied brand name in the Indian Trademark Journal. After publishing the mark, there should not be any opposition within 3-4 months in some cases, from the date of publication. If no inquiry is raised, then the proceedingis initiated towards the acceptance.

    • Step 8- Issuance of Certificate

      If no opposition is raised within the stipulated period of 90 days. The Registrar will accept the trademark application.The Registrar issues the Registration Certificate with the Trademark Registry seal.

What are the Consequences for Non-Compliance in Trademark Registration?

There are principally three types of common trademark infringement as stated below:-

  • Application of False Trademark

    To be occupied in any type of process in processing or packaging, manufacturing of goods or services with an unauthorized trademark.

  • Distributing of Products under False Trademark

    By dealing or selling in any goods or services that have a unauthorized or false trademark.

  • False Claim of Trademark Registration

    It includes claiming a trademark which is falsely registered mark.

Penalty for Unauthorized Trademark-Application

In case of any of this offence, an individual is punishable with imprisonment for a time span of minimum 6 months which can also make longer to 3 years with an additional fine which shall not be less than 50,000 but which may extend to 2 lakh rupees.

Penalty for Unauthorized Trademark- Selling

Any individual who either sells services or products through an unauthorized trademark/false trade details is measured to be a punishable act with imprisonment for a term of not very less than 6 months and up to 3 years. A fine of 50,000 to a maximum amount of 2 lakh rupees.

Representing the Trademark Incorrectly as Registered

If any person/entity for any reason incorrectly represents an unregistered trademark as registered related to any goods or services, then the person/authorised representative of the establishment is punishable with imprisonment for a term of not less than 6 months which may extend to 3 years or with fine, or both. Also, a Fine of Rs 50,000 to a maximum amount of 2 lakh rupess.

What are the Types of Trademark a Person can Register?

  • Word Marks
  • Service Marks
  • Logos and Symbols
  • Certification Mark
  • Geographical Indicators
  • Pattern Marks
  • Sound Mark
  • Color Marks
  • Three Dimensional Marks
  • Shape of Goods
  • Series Marks
  • Collective Trademarks

What is the Validity Period of Registered Trademark?

A registered trademark remains valid for a period of up to 10 years. Once the validity expires, the trademark holder shall apply for renewal. However, the process of renewal may be initiated only within 1 year before the expiry of the registered trademark. In case of Non-compliance, the trademark will be removed.

 

CorpBiz Procedure for Trademark Registration

Kindly utilize the steps given above to integrate legally and securely a Trademark Registration and get the benefits in the form of better-quality sales and satisfied clients. Our CorpBiz experts will be at your disposal for assisting you with guidance concerning Trademark Registration and its compliance for the smooth functioning of your business in India. CorpBiz professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process.

It is advisable that an attorney with “IPR experience” must be appointed to overwhelm many of the potential pitfalls that creep around within Trademark Registration and to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The Attorney will begin working on your request once all the information is provided, and the payment is received.

Why CorpBiz?

CorpBiz is one of the platforms which coordinate to fulfil all your legal and financial requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

Our clients can also track at all times the progress on our platform. If you have any questions about the Trademark Registration process, our experienced representatives are just a phone call away. CorpBiz will ensure that your communication with professionals is charming and seamless.

  • Purchase a Plan for Expert Assistance
  • Add Queries Regarding Trademark Registration
  • Provide Documents to Corpbiz Expert
  • Prepare Application for Trademark Registration + Complete all Admissibility Criteria for Preliminary Screening
  • Complete Procedural Actions
  • Get your Trademark Registration at your Door Step!

Frequently Asked Questions

Yes, foreign applicants can also apply for the Trademark registration in India. Under the Madrid Protocol, the international trademark application may be filed through the Trademark Office for the applicant.

Yes, The Madrid System is the one-stop solution for trademark holders to obtain and maintain protection in multiple markets. Whether you’re a small start-up or a large multinational exporter, the Madrid System can help you manage your brand efficiently.

Yes, it is allowed to be amended as per the terms of Section 22 of the Trademarks Act, which enables the improvement of the mark presented it does not amount to a substantial variation in the character of the mark as such.

Yes, a registered trademark can be replaced or removed based on non-use. Although as excused in clause 3 of section 47 of trademarks act, 1999

The certification of a trademark is valid for ten years. It can be renewed every ten years, perpetually. Requested is to be filed in FORM TM-R within one year before the expiry of the last registration of a trademark.

Yes, sounds or smells are registrable as a mark.

It can get removed on application to the Registrar on the specified form on the ground that the mark is wrongly on the register.

It shows "Objected" when the Examiner opines some objections regarding the registrability of the trademark.

When there are errors regarding data entry of applications which needs to be rectified, the request is sent to the EDP Section, and the status is shown as "Send Back to EDP".

The Indian registration of a trademark/service mark may not be entirely valid in foreign countries. However, this Indian registration shall serve as the basis of the filing of the trademark/service-mark in the desired countries.

Yes, a trademark can be transferred from one person to another. The processing fee of transfer will differ as per the status of the mark.

As far as Government fees are concerned, the costs for making an online application for Trademark Registration is Rs. 4500/- for Small Enterprises and Rs. 9000/- for Big Enterprises for each class of use.

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