Trademark Registration-Online TM Application
Trademark serves as a shield to your brand, slogan, or logo. Within 3 working days can use the Trademark symbol next to your brand’s name.
To avail our services, we charge 499/- as an advance or security payment.
The process of Online Trademark Registration Work?
Advice on the classes you require to apply under
You will be getting updates during the entire registration process.
ONLINE TRADEMARK REGISTRATION IN INDIA
Trademark works as the rare identity that makes your product or service unique and stands out from the rest. Trademark can be a logo, photograph, word, sound, slogan, smell, color combination, or graphics. Most businesses usually look for the name or logo registration only.
When you come with a different idea or logo, then the only way to protect its authenticity is to patent it. A registered trademark act as an intangible asset or an intellectual property to your business.
Trademarks are registered by the Controller General Of Patents, Ministry Of Industry and Commerce, Designs and Trademarks, Government Of India. Trademarks can be registered under The Trademark Act, 1999.
The registration grants you the right to sue others who try to copy your trademark. Besides, once a trademark is registered, no one else can use a similar trademark to that.
As you get your trademark registered, you can further go for an R symbol with it, which will be valid for 10 years from its registration date. In 3 days, you can quickly get a ™. Yet, It takes up to 2 years to get an ®. If the trademark registration is nearing its expiration date, you can always get it re-registered for another ten years.
WHAT CAN YOU TRADEMARK? WHO'S ELIGIBLE TO APPLY FOR A TRADEMARK?
As per the trademark rules of India, items like sound, logo, words, phrases, colors, smells, images, symbols, initials, or a combination of all these can be trademarked. All of these need to be used to make your business stand out from the rest.
An application for a trademark can be made by private firms, individuals, companies, LLP’s, or NGOs. In the case of LLP’s, NGOs, or organizations, the trademark needs to be applied for registration in the name of the concerned business.
WHY IS TRADEMARK REGISTRATION IMPORTANT IN INDIA?
A registered trademark helps create trust, reliability, quality, and goodwill in the minds of customers. It grants you a unique identity compared to other sellers, especially when your business is carried on online platforms like Amazon, Flip kart, etc.
You can take up legal actions and sue someone if in case you doubt that your registered trademark is being copied by anyone else.
Customers will recognize a particular service or service only with the brand. Filing a trademark ensures that opponents will not use it, and hence it remains a unique asset.
The trademark acts as a valuable asset when your label creates a name and succeeds. It can be commercially contracted, sold, and franchised.
Global Trademark Filing
Once a trademark is registered and filed in India, it can also be filed in other countries. Moreover, non-Indian can also get a trademark registered in India.
OUR ROLE IN TRADEMARK REGISTRATION? A DETAILED TRADEMARK APPLICATION FILING PROCESS
We, Legaltoast, will help your trademark search by conducting the search using the trademark(™) director. We will also be carrying a detailed check on the trademark logo and brand name that you have selected to assure that it is not yet registered under anybody else’s name.
Once the trademark is found unique and not used by anyone else, it can be registered. If your logo or brand name is already registered by someone else, we will help you find ways to modify it so that your registration does not get canceled.
During the application process, you need to apply it under the correct classification of classes. We will help you choose the suitable class under your requirements to register. The trademark grants you the right to sell under your registered brand name within a specific sector in the economy.
There are about 45 sectors in total, and each of the sectors is named as a class. Goods and services are classified into 45 different courses by the Trademark Registry.
All the logo or brand name has to be registered under the relevant class. For example, Class 28 covers products and services related to games, sports, and toys.
Hence, if you plan to launch a new toy brand, you will have to apply under Class 28.
Preparing The Application
Once we confirm that your brand name or logo is unique and can be registered, we will continue with the application process by preparing the authorization letter first, granting us the right to make the trademark registration on your behalf. You can sign the letter and return it to us.
We will further help you fill out the form and update you about the proceedings until the registration process is complete.
Benefits of Trademark Registration in India
Secures Commercial Goodwill
The certified owner of a trademark has the right to originate, establish, and protect the goodwill associated with its products and services. Other merchants may illegally prevent the owner from utilizing his trademark. The infringement may also be sued for brand dilution and any resulting damage.
Promotes products and services
The face of a company, product, or service is set by registering a trademark. This makes it easy to distinguish and build a brand. Because most firms draw their identity from their trademark, it is vital in advertising and increases brand value.
In the case of invasion, the registered trademark owner has a legal right. The owner of the original brand name may be left without recourse if a trademark is not registered.
Making of an Asset
In India, trademark registration results in the creation of an intangible asset. Registered TM can be sold, delegated, franchised, or commercially contracted to benefit the firm or the individual proprietor.
DOCUMENTS NEEDED FOR TRADEMARK REGISTRATION
While applying for the trademark registration, the following documents needed to submit:
- Name of the Applicant
- Type of your Business
- objectives of Business
- Name of Brand/logo/slogan
- Registration address
Identity And Business Proofs
The identity proof of the trademark owner or the person who the trademark owner authorizes is to be submitted. It can be your Aadhar card, passport, driving license, voter id, or ration card.
Logo With Tagline
If a trademark application is made for a tagline with only words, then a logo is unnecessary. And if a symbol is used, then it has to be submitted in black and white format. The number of words used in the logo should tally to the terms mentioned in the application for a trademark.
An attorney is approved to file to apply for the trademark with the Trademark registrar on your behalf. An affidavit of trademark user has to be submitted if a claim for the previous trademark was made in the application.
What Kinds of Things Can You Register as a Trademark?
A trademark can be used to protect several aspects of your company’s image. It is critical to analyze which elements of your brand stand out to your customers. Select the aspect(s) you want to register.
The trademarking of a logo is highly recommended because it visibly symbolizes your brand. A logo is easier to remember than a name for your customers. The Nike swoosh is a superb example of a logo trademark.
You can even trademark your brand’s tagline if you have one. A slogan tells your clients what your company stands for. Take KFC’s slogan, “It’s finger-lickin’ good.”
a. Product Name: For a specific product, you can register your name as a trademark. Apple’s iPod is the brand name for the product.
b. Business Name: The most typical option taken by firms is to register their company name as a trademark. For example, Bajaj.
c. Person’s Name/Surname: You can even trademark your name if it plays a significant role in producing cash. For example, Shah Rukh Khan has registered his name as a trademark.
d. Abbreviations: Trademarks can also be abbreviations of a company or brand name. For example, BMW.
4. Other Options
a. Colour Mark: A colour or a combination of colours can be Trademarked. (Ex: Cadbury has registered the colour royal blue as a trademark.
b. Sound Mark: Musical notes or sounds may be designated if we can establish that they are distinct. Nokia has registered its tune as a trademark.
c. Scent Mark: Even scents can be trademarked.
THINGS TO KNOW ABOUT THE ONLINE TRADEMARK REGISTRATION PROCESS
Vienna Codification Process
In the process of trademark registration, Vienna codification is a significant step. An international classification is provided once you fill the application form. At this point, your registration application will be expressed as – “Sent for Vienna codification.”
Once the trademark application is granted for Vienna classification, the Trademark officer will review the trademark following certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.
Hearing Before The Trademark Register/Officer
If the trademark application is rejected, the applicant can proceed further for a hearing. The application can be passed if the officer can be convinced with the provided documents.
If the officer is not satisfied, once again, the request gets rejected. And, if he is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be contacted.
TRADEMARK SYMBOLS AND THEIR USAGES
You get the R symbol as quickly as you register the trademark request for registration. This symbol helps maintain the trademark from getting replicated by others.
These symbols show unregistered trademarks. It alerts others from copying your name, symbol, or logo. It does not give you copyright assurance, and if your request gets rejected, others can use your logo or name.
The C symbol stands for contents which not holds any copyright issues. The emblem is compulsory in several countries for copyright claims.
The service industry utilizes this symbol. The symbol is relevant for classes from 35 to 45. It is also not guaranteed protection on copyright issues.
FAQs on Trademark Registration - TM Application Online
If owned by the founder, the trademark would be valid but of the state of the company. A trademark license agreement is, though, needed in this case.
It solely depends on the government's judgment. But if it is unique, it will likely be allowed.
You can not get the word, but still, there are different ways to deal with it. You can create a unique logo for your firm and include the name in it. E.g., BMW is within the logo. A prefix would also be allowed.
This is recognized as a logo composite mark. So there is a way out, but it is best to have an uncommon name.
If, in any case, you found that your brand name has already been registered but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Levi's, let’s say), your application is likely to be approved.
If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. First, find out the origin of the goods and send the office a cease-and-desist letter.
Although it does not apply solely to intellectual property, such a letter is usually sent in suits of the violation. If the party does not cease selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
Before finalizing a brand name, you need to check if it can gain the legal rights necessary to hold on to it, which is because the commercial rights to a brand name belong to the owner of its trademark. To check if your selected name has already been taken, you can have a trademark search, a database search of India’s Intellectual Property Database.
Now, running the search is easy. You start by selecting the word mark and typing in the word/s you want to register. The results will tell you whether there is another existing registration in that name.
If you find one, check its status. It is advised to pick another name if it is approved, applied, objected, or opposed. And also, check if there are any phonetic similarities with other registered names.
To do this, you need to choose the drop-down at the top of the page. While the phonetic search isn’t very true, you can confidently say that your trademark will be approved if there aren’t any appropriate matches here, either.
As soon as you apply, you receive a confirmation, which gives you the right to use the ™ symbol. As soon as it gets registered, you can use the ® symbol.
If the trademark you have submitted for registration got rejected if it is similar to an existing application, it hurts religious sentiments and contains geographical names or common words.
It will also be rejected if it is likely to confuse. E.g., you can register the word 'car' for a car brand but can not for a brand of electronics.
The Trademark Registry has registered goods and services under 45 classes. Your application should specify the trademark class/classes the goods/services represent. Will register the trademark under those classes only.
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