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TRADEMARK REGISTRATION

"GST registration is essential for legal business operations and unlocking tax benefits."

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TRADEMARK Registration

Trademarks are distinctive, specific indicators that are used to distinguish products or services from a certain business. They could be signs, images, designs, or even words. It is significant because it sets your items apart from those of your competitors. It might be connected to your product or brand. Due to their classification as intellectual property, trademarks are protected from infringement. The rights of trademarks are safeguarded by the Trademark Act of 1999.

To obtain trademark protection, a person must register their trademark. Registering your trademark is crucial since it stops others from stealing it and using it to falsely represent other goods. Trademarks, like the Nike tick sign emblem, enable consumers to quickly identify the business and its values.

In contrast to patents, trademarks are not subject to a set statute of limitations. In contrast to patents, which expire after 20 years, trademark registrations expire after 10 years; however, trademarks are renewable for a further 10 years. This procedure can be carried out indefinitely, so long as you keep renewing the trademark, it will remain protected by the Act and not expire.

Trademarking

1. Trademarking brand name

By registering your business name , you are safeguarding your ideas, brand, and reputation—all of which you have surely worked very hard to develop. Even if the actual process of registering a trademark will take time in all aspects, there is nothing worse than failing to protect your brand and possibly having a bigger firm file a lawsuit for infringement.

The IP India tool, a trademark registration tool, has made it easy and feasible to register a brand trademark in India. One can trademark any of the given items, or even a combination of them:

• Words or letter
• The sound mark,
• logo
• graphics
• phrase, and number
• Smell or a combination of colors

2. Trademarks registry

The Trademark Act was passed in 1940. At the moment, the Act's operational or functional entity is the trademark register. All of India's trademark laws are enforced by the trademark registry, a functional organization.

The trademark registry has branch offices in Delhi, Ahmedabad, Chennai, and Kolkata in addition to its head office in Mumbai. after registration under the Trademark Act of 1999, a trademark is added to the Trademark Registry. The registrar will confirm that the registration mark complies with all Act requirements prior to registering it.

3.Who Is Eligible to Apply for Trademarks?

Trademark owner may submit a trademark registration application . The person whose name appears as the applicant on the Trademark Registration form will be acknowledged as the trademark owner when the trademark has been formally registered. Any person, company, or limited liability partnership may file an application to register a particular trademark.

How Can I File for a Trademark?

The Registrar Office of Trade Marks is in charge of registering trademarks. There are various steps involved in trademark registration.

• Choosing a trademark:

Remember that the mark you decide to use to symbolize your company should be unique and distinctive. The other important step is to determine the class you are in. At the moment, a trademark can be registered under 45 different categories of goods and services. Goods belong to classes 1–34, whereas services belong to classes 35–45. The other is to get legal counsel, which is the most secure option but will incur expenses.. Overall, the cost of legal services will be lower if your trademark is contested. They will assist you throughout the entire procedure in addition to conducting the search.

• Making an application:

A single application may be filed for multiple trademark kinds, collective trademarks, or series trademarks. You must complete form TM-A for this. You can register a trademark for more than one class using this form. There are two different pricing bands when submitting this form:
• Either 9,000 or 10,000 Rupees
This category will apply to you if you are not a person, small business, or start-up. Filing the paperwork electronically costs 9,000 rupees, while filing the form in person at the Office of Trade Marks costs 10,000 rupees.
• Either 4,500 Rupees or 5,000 Rupees
If you are a startup, small business, or person, you fall into this group. The documentation can be filed electronically for Rupees 4,500, or physically for Rupees 5,000.

Be careful not to make any mistakes when filling out the form, since this could result in delays or possibly the application being rejected. In addition to filling out all the information, you must include a 9 by 5 centimeter image of the trademark. Five copies of the same may need to be attached. After that, two copies of the entire file must be filed.

3.Who Is Eligible to Apply for Trademarks?

Trademark owner may submit a trademark registration application . The person whose name appears as the applicant on the Trademark Registration form will be acknowledged as the trademark owner when the trademark has been formally registered. Any person, company, or limited liability partnership may file an application to register a particular trademark.

ONLINE TRADEMARK REGISTRATION PROCESS

Step 1: Look online for a Unique brand name.

This is the simplest and most effective method for any beginners to come up with a memorable, fashionable, and intriguing company name. Since the majority of generic names would already be in the hands of someone, choosing a brand name that is absurd and eccentric is undoubtedly a smart choice. Focusing on a certain name also necessitates a fast research procedure to make sure you are not choosing an already-used brand name. The nicest thing about this is that you may make your own brand name by creating new terms or by combining generic words.

Step 2: Get a trademark application ready

The following supporting documents must be included with the online trademark registration application:
• Business Registration Proof: You must provide proof of the directors' identities and proof of residence based on your registered business (such as a sole proprietorship, for example). When operating a sole proprietorship, the owner's identification, such as their PAN or Aadhaar card, may be shown. On the other hand, in the case of businesses, evidence of address must be provided.
• An electronic version of the trademark.
• In a different country, the proposed mark's applicable proof of claim may be employed.
• A power of attorney that the applicant must sign.

Step 3: Submitting the brand name registration application

There are two methods for submitting the trademark registration application (form TM-A): manual filing and electronic filing If "manual filing" is chosen, you must personally send your registration application to the Registrar Office of Trade Marks, which is situated in one of India's main cities., including Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. You will then need to wait a minimum of 15 to 20 days to obtain the acknowledgment. However, if you use an electronic filing method, you will be able to get your acknowledgment receipt on the government website immediately. You can use your Trademark (TM) symbol next to your brand name as soon as you've been acknowledged!

Step 4: Analysing the brand name application procedure

After receiving the application, the Registrar of Trademarks will confirm that you have fulfilled with certain requirements and that your brand name complies with existing laws. Furthermore, there must be no similarity or resemblance to any pending or registered brands.

Step 5: Your brand will be published in Indian Trade Mark Journals.

After the inspection process, the Registrar of Trademarks will publish your brand name in the Indian trademark journal. There should be no objection within four months of the publication date, as this is without a doubt the most important phase in the trademark registration procedure. If there is no opposition, the Trademark Registrar will issue the Trademark Registration Certificate.

Step 6: Resistance to Trademarks

A copy of the notice of opposition will be provided to you by the Registrar of Trademarks if a third party objects within four months of the trademark being published in the trademarks journal. You have two months from the date of receipt to file a counter-statement in response to the opposition notice. Your trademark application will be deemed abandoned and rejected if you do not submit the counter statement within two months. But, if no objection is raised within four months, you will not be subject to this phase, and your brand name will move forward with being accepted for the issuing of a Trademark Registration Certificate.

Step 7: Trademark Opposition Hearing

This stage won't apply to you if there isn't any trademark resistance. However, if you file your counter-statement within two months of the third party opposing your trademark, the Registrar of Trademarks will send a copy of it to the party opposing trademark registration. In order to prove your case, you and the third party must present evidence. Once the evidence has been submitted, the Registrar will provide you and the third party a hearing chance. The Registrar will decide whether to approve or deny the trademark application after hearing from both parties and weighing the available information. Your trademark will be registered if the Registrar of Trademarks approves your application.

Step 8: The issuance of the trademark registration certificate

If no opposition is lodged within the allotted four months, or if your trademark application is accepted following a trademark opposition hearing, the Registrar will approve it. Whoa! When the Registrar issues the Registration Certificate bearing the Trademark Registry seal, this will be your happiest moment.

Application status
Upon receiving confirmation that your application was submitted, you will be given an allotment number. You can check the status of the application online with this allotment number. You will know if your application was accepted or declined for 18 to 24 months if everything is submitted correctly. If there is a problem, this could take longer. Since the filing date determines the file's priority, the longer it takes, the higher priority your application receives. Another benefit of submitting the application is that, when you obtain your allotment number, you can use the TM sign next to your mark even if it hasn't been granted.

Registration
After your trademark is approved, the register will provide you a Trademark Registration Certificate. This will serve as official confirmation that your trademark has been registered and is protected. After the application is submitted, the registration will be in force for 10 years. Trademark registration may be renewed after this period. It is possible to extend indefinitely.

8 things you should know about registering a trademark:

1. Graphical Display

There are many different kinds of trademarks that can be registered. Here are several examples:
Word marks, service marks, logos and symbols, product shapes, series marks, collective trademarks, certification marks, geographical indicators, pattern markings, sound marks, color marks, and three-dimensional marks were all included.

2. An intangible asset

Examine the fact that your company establishes a profitable brand and a reputable name. A trademark offers the business numerous advantages since it is a form of intellectual property. A trademark becomes an intangible asset that can be distributed, franchised, traded, and contracted for commercial use after it is registered.

3. Infringement Protection and Additional Legal Protection

Should there be any infringement concerning the owner's logo, brand, or phrase that has an active trademark against it, the registered trademark owner may use his legal rights. Any third party that utilizes the trademark without the owner's previous consent may be sued by the creator.

4. Search for Trademarks

Typically, a trademark search is done to see if a specific trademark already exists. The Indian Trademark Registry database of the government or a website run by a third-party service provider can be used to perform the search.

5. Selection of Classes

There are 45 different sectors into which the products and services are divided. Every sector is called a class. At the time of application, each brand name or logo must be registered under the relevant class. Of the forty-five classes, thirty-four are product classes, and the other eleven are service classes.

6. Registration is optional, not required.

Trademark registration is a voluntarily done process. On the other hand, if a trademark is registered, it provides physical proof that the owner of the trademark is the one who made the effort to register it. The entity that has the trademark registered will win all court cases.

7. Applicability

Before needing to be renewed, a registered trademark can remain in use for up to ten years. However, only a year before to the registered trademark's expiration may the renewal procedure be started. If this isn't done, the trademark will be deleted. Restoration is the process by which a trademark can be restored even after it has been removed.

8. Symbols of Trademarks

Service Marks (SM) and Trade Marks (TM) This means that although the trademark has not yet been registered, an application for trademark registration is still pending. Its goal is to make people aware of the potential for violation. The application has no special legal significance because the authorities have not yet approved it.

R (®) Symbol

Once your application has been accepted, you are the proud owner of the newly registered trademark and can put the ® symbol next to it. This shows that the trademark is officially registered and that it will be unlawful for anybody else to violate it. The ® mark does not have to be displayed. However, in the case that someone replicates the original product and files a lawsuit against the third party for infringement, it allows the trademark owner to recover all lost revenue.. This is due to the court's requirement that the owner demonstrate that the infringement knew the brand was registered but proceeded to use it without any prior permission

R (®) Symbol

Generally speaking, the © symbol denotes the owner's copyright over a creative work. Among these are:
• Photography
• Videography
• Artwork
• Works of Literature
• Software
• Literary Works

Lifetime is the validity of the copyright sign. In the country where the work was copyrighted, the symbol is used along with the name of the copyright holder and the year of the work's initial publication. Overall, when it comes to trademarks and their registration, there are several things to be mindful of. Because of the complexity of the process itself, the candidate needs to do adequate research on it. In light of this, trademark registration offers numerous advantages as long as it is done carefully.

  • FAQ
1. What is a trademark?

A distinctive mark, design, symbol, or expression that identifies and sets apart a particular entity's goods or services from those of competitors is known as a trademark.

a. Legal Protection: When a trademark is registered, you are granted the sole right to use it for the products or services for which it is registered.
b. Prevents Infringement: If someone violates your trademark rights, you have the right to sue them.
c. Nationwide Protection: Registered trademarks offer superior legal standing in the event of a dispute and are protected across India.

In India, the procedures for registering a trademark are:
1. Search for a trademark to see whether it is already registered or if there is a similar one.
2. Send in your trademark application: It should be submitted to the Indian Trade Marks Registry. It is possible to accomplish this offline or online.
3. Application Examination: The registry looks for any objections to the application.
4. Publication in the Trademark Journal: The trademark is published in the Trademark Journal if no objections are raised.
5. Registration Certificate Issuance: The trademark is registered and a certificate is issued in the event that no objection is submitted.

• A distinct representation of the mark is the logo or brand name.
• Name, address, and legal status (person, business, partnership, etc.) are the applicant's details.
• Business Information: The type of products or services that the trademark will stand for.
• If an agent or lawyer is filing on the applicant's behalf, a power of attorney may be required.

The type of applicant determines the trademark registration fee in India:
• For startups, small businesses, and individuals: ₹4,500 per category of products and services.
• Other Entities (Businesses, Associations, etc.): ₹9,000 for each category of products and services. Hiring a lawyer or other professional could result in additional expenses.

Depending on the kind of goods and services, trademarks are divided into 45 classifications. You have to choose the class or classes to which your products or services fall when submitting a trademark application. If necessary, you can file for more than one class.

An agreement whereby the trademark owner (licensor) permits another party (licensee) to use the trademark under particular restrictions is known as a trademark license. Terms pertaining to the extent, duration, and territorial region of use are usually included.

In India, the following procedures are usually taken in order to secure a trademark license:
1. Agreement: The licensor and the licensee enter into a formal licensing agreement.
2. Application: The Trademark Office receives a request for the licensing agreement.
3. Approval: After reviewing the agreement, the trademark office grants the license if all requirements are met.

In India, a trademark registration is effective for ten years after the application date. It can be indefinitely renewed for other 10-year periods beyond the initial 10-year period.

Your exclusive rights to the mark will end when your trademark expires if you don't renew it. The same trademark may then be applied for by others.

It is possible to transfer a trademark through an assignment. This entails a formal written contract between the new owner (assignee) and the trademark owner. The Indian Trade Marks Registry must be notified of the transfer.

Depending on the complexity of the application and any oppositions or objections, the trademark registration procedure in India normally takes 18 to 24 months.

Both goods and services are referred to as trademarks in India. Nonetheless, the trademark may be referred to as a service mark if it is used only for services. Both require the same registration procedure.