Trademark Registration

Get Trademark Registration in just ₹ 6,000/- (All Inclusive)

 

For protecting the brand name

 

Avoid Infringement

 

Simple and Secure Online Process

 

Dedicated Professional

 

Hassle-Free Process

 

Get Registration in 2-3 days

 

Introduction

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 admin@legalwindow.in .

Advantages of Trademark Registration

Protects the Brand Name

Customers are easily able to recognize a singular product or service only with its brand name. The Registration of a trademark assures that the competitors will not be able to apply for the same and it serves a company’s unique asset.

Hence, the owner can defend others from the traders from using his/her trademark illegally. They can also sue the infringer from using the brand name and may demand damages for any infringement, if caused.

Easily identifiable

It is easy for customers to find products quickly by trade marking them. The differentiation can be done on the basis of various kinds of products as the goods tend to create an identity for themselves. The registered owner has the power and right to build, secure and protect the goodwill of his/her products. The registered owner shall have the power to build, secure and protect its products goodwill.


Creation of valuable asset

The trademark registered can serve as a valuable asset if the brand is built up and is succeeding. As soon as it is registered it makes the trademark an intangible asset which can be traded, distributed, franchised, or commercially contracted as a trademark is an intellectual property for the organization which ultimately brings benefits to the company or the individual proprietor.


Sales Advertising

While selling the product in the market to its customers the brand is attached as a feature of the product or service and as soon as the product is spread in the market it helps in increasing sales by attracting more and more customers towards its product.



Legally protected

A legal right is given under the Trademark Act, 1999 in case of infringement which means that if there are any kind of circumstances where you find that the trademark is copied by someone else and you have a right to file case against them for copying your logo, brand, name or slogan. If the trademark is filled and registered it assures the trademarked object is not unethically used by any other person.

What can be Trademarked?

Name:- The name of a person can be trademarked including his/her surname of the applicant or predecessor in the business or their signatures.

Word:- The word should be distinguished and indicate the purchasing public that the good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons in order to identify their own.

Numbers:- Letters or Alphanumeric or numerals or any combination thereof.

Logo :- The logo of the business entity can also be trademarked which can be 2-dimensional or 3 dimensional.

Documents Required for Trademark Registration

PAN Card of the Member and Directors of the proposed Company

ID Proof (Driving License, Voter ID card or passport)

Brand Name (a soft copy of brand name and logo to be registered)

Power of Attorney/User Affidavit; (Draft will be provided by us)

Certificate of incorporation/registration (other than individual)

MSME Certificate in case of Company

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/-

Help in suggesting the name/logo/word etc which is to be protected

Identifying the classes under the same can be registered

Professional Consultation

Drafting of application

Filing of application

Trademark Certificate

More Insights on Trademark Registration

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 desired mark should be capable of being represented graphically

It should also be capable of distinguishing the goods or services of one undertaking from those of others

The desired mark should be used or proposed to be used in relation to goods or services for the purpose of indicating or so as to stipulate a connection in the course of trade between the services or goods and some person have the right to use the mark with or without identity of that person

Once a trademark application is registered, the applicant may begin applying the TM symbol on its products or services, and if the trademark gets registered then the applicant shall specify the ® symbol over his trademark. The registered trademarks shall be valid for next 10 years from the date of registration which can be further renewed. To know regarding the process of renewal follow the below mentioned link. Click here for Trademark Renewal

Difference between Trademark, Patent and Copyright

S. NoBasisTrademarkPatentCopyright
1.Governed ByTrademark Act, 1999Patents Act, 1970Copyright Act, 1957
2.Used to ProtectProtection 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.ValidityIt 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.SecuresIt secures the brand under which the said product or services are soldIt secures the inventions which are useful for the world.It secures the creative or the intellectual creations.
5.Existence of rightAs 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 requirementIt 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

Who all can apply for the trademark?
  • Private firms
  • Individuals
  • Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
  • NGO’s

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.

Will the trademark registered in India is valid outside India?

No, as it is registered under the Trademark Act, 1999 it is not valid outside the Country.

Can anyone file application in more than one class?

Yes, it is possible to apply for more than one class.

What to do in case my Trademark is objected by the department?

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.

What cannot be trademarked?

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.

What is trademark class, How can someone identify the same?

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.

Whether a trademark be removed if not in use?

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.

What is Opposition of Trademark ?

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.

Whether it is necessary to have a PAN Card?    

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.