For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
Trademark Registration can be done for the brand name and logo in the particular kind of class in which it falls. There are 45 classes of trademark divided into different categories. The individuals or entities need to identify their class through classification of their goods or services.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
If the Trademark is registered helps the registered owners to get the returns of their investments by restricting others from using the creation without permission.
The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to registration of Trademark .You may get in touch with our team on 072407-51000 or email email@example.com .
Advantages of Trademark Registration
What can be Trademarked?
Documents Required for Trademark Registration
Process of Registration of Trademark
1. Complete Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of trademark.
2. Trademark Search
The first and foremost step under the registration of a trademark is to search the availability of the proposed name. After the said search we will review all the possible way to get that desired name, and once it is available, we will begin towards the process of its registration. There are two ways to test its availability, i.e., one by searching word mark and the second one is phonetically under the required class.
3. Submitting Documents
The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark application on your behalf.
4. Preparation of TM Application After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark application in TM-A. Once the trademark application is prepared, we will share with you (soft copy) the draft application which is also known as a preview of a trademark application for your review. Once the draft is being confirmed from your side we will present the same application to the trademark registrar after it is digitally signed by the attorney.
5. Trademark Challan
It usually takes 2-3 days for filing a trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-A form along with the copy of challan.
The copy of challan contains the trademark application no., date of filing and applicant name along with attorney name, which serves as a proof that the application is successfully submitted to the registrar and is pending under the governmental process.
The applicant can start using filled mark by writing "TM" upon receiving of challan.
6. Trademark Registered
With the successful completion of above steps it takes around 6 months to one year to get the desired mark registered. It is a long process to get the “R” Mark. If the application request is accepted by the registrar, the same will be published for four months in the journal for third-party opposition. Further, if no objection is received by the Registrar, then he will register the proposed mark which shall be valid for ten years and can be renewed by filing a renewal application within 6 months before the expiry of 10 years.
Get Trademark Registered at just ₹6000/-
More Insights on Trademark Registration
Difference between Trademark, Patent and Copyright
|1.||Governed By||Trademark Act, 1999||Patents Act, 1970||Copyright Act, 1957|
|2.||Used to Protect||Protection of the unique name that signifies a brand distinct from other. It Can include name, slogans, logo, shape, colours etc.||It Protects of inventions that are novel and original and also has industrial utility.||It Protects the original creative expressions like the literary works, artistic works, dramatic works etc.|
|3.||Validity||It is Valid for 10 years which can be made perpetual by renewing the same trademark every 10 years.||It is Valid for 20 years which starts from the day the application was first made. It is also a territorial right which effective only within the territory of India.||It is Valid for life time of the author including 60 years after his/her death.|
|4.||Secures||It secures the brand under which the said product or services are sold||It secures the inventions which are useful for the world.||It secures the creative or the intellectual creations.|
|5.||Existence of right||As soon as it is registered the applicant of the mark is entitled to claim complete right over the said mark.||It takes a long time to get it registered but the owner of the patent can stop any other from claiming the right over the said particular patent and the moment he/she applies for provisional patent.||The Exclusive rights of the owner is created at the moment the authorship creates the work.|
|6.||Provisional Application requirement||It does not include any provisional application, but it requires a trademark search.||Here provisional application can be made which gets you 12 months of time to file a complete specification which is final, and a priority date claim.||No provisional application required.|
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FAQs on Trademark Registration
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
No, as it is registered under the Trademark Act, 1999 it is not valid outside the Country.
Yes, it is possible to apply for more than one class.
In case the Trademark applied is objected by the department, then we need to file the reply within 2 months stating our counter replies in respect to the points raised by them.
Trademarks which are identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made or any trademark that would likely cause deception or confusion or is offensive cannot be registered.
The Controller General of Patents, Designs, and Trademarks has classified the Trademarks under 45 classes under which one can register their trademarks. Legal Window can help you in identifying the same through our experts.
Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.
The Opposition of Trademark is basically done by the third parties who sought to have any similarity between both the trademarks. The trademark can be opposed by the third party within 4 months of the publish of trademark in Trademark Journal. Legal Window can help you file the counter statement in respect of the Opposition received on any trademark which has to be filed within 2 months filing of Opposition by third party.
Yes, for Indian nationals becoming a Director in a Company it is mandatory to have a PAN Card and Passport in case of Foreign Nationals.