It takes a great deal of hard work and resources to build a brand. Hence, It is important to make sure that you have exclusive ownership to use the logo, slogan, shape and packaging of goods, sound, smell, colour combinations or anything else that gives your brand a distinct identity. Trademark Act, 1999 allows you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark.
Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 15-18 months. It includes various processes for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can now be registered as a trademark in India
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Documents Required for Company Registration
Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark
If a specific user date is to be claimed, the user affidavit is also required to be submitted
MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
Proof of Applicant
PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)
Proof of TM Use
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
Signed Form TM - 48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature
Protection against Competitors
You have the right to take legal action against copycats.
It helps in creating permanent customers who are loyal and always opt for the same brand.
Priority on Advertising
Customers give more preference to registered brands with TM tags.
Global Trademark Registration
For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established goodwill in the Country.
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity
Register your Trademark before someone else starts using it
We Ensure that You don’t lose the Goodwill That You will create using your Trademark/Brand. A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark about the products or goods and services. Trademark registration or application is valid for 10years and renewed further.
A trademark is a sign or symbol capable of distinguishing the goods or services of one enterprise or firm or service from those of other enterprises or firms or services. Trademarks are protected by intellectual property rights. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark.
How can we register a Trademark and What protection do we get for a Trademark?
Trademark registration allows to register or apply to use Symbols or Logos or a Combination of words with different color combinations and designs used to represent a business identity or the identity of the product offered by an or a company or a proprietorship firm. The Symbols Logo or Combination of words used by a business distinguishes the goods or services provided by them from their competitors. After the application or registration of a trademark, any other organization cannot use it as long as it remains in use by the registered applicant, Individual or a Company, or a Firm.
The Trademark applicant can start using the ™ Symbol next to the brand name and logo once it is applied and further can use the ® Symbol after the brand name and logo are registered. The Trademark acts as an asset for the Company, Individual, Proprietor, or firm; to protect the brand.
Hence, an application for trademark registration is a must. The process for trademark registration in India has various steps/ directions and requires follow-up with the Government. Therefore, it is necessary to be under the guidance of a Legal expert Trademark attorney or an Agent for obtaining the Trademark Registration quickly, easily, and prominently.
Frequently Asked Questions
A Trademark is an intangible property that makes your product or service distinct from the others in a competitive industry. A trademark can be a Word, Symbol, logo, brand name, tagline, or a combination of these and is used by manufacturers or service providers to identify their own products and/or services. To acquire legal protection for your brand name or logo you need to get it registered.
A Trademark is an intangible property that makes your product or service distinct from the others in a competitive industry. To acquire legal protection for your brand name or logo you need to get it registered. The owner has the power to enforce it in the case of unlawful uses Trademark Act, 1999 permits you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefiting the owner of special rights. The World Intellectual Property Office (WIPO) has classified all goods & services under 45 classes out of which the first 34 classes denote products and the rest services.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process. Don’t worry our TM expert will provide you a free report.
A Trademark attorney is a lawyer or attorney who specialized in Trademark laws. They are also known as Trademark experts. We have 4+ yrs experience with TM lawyers.
Knowing the correct class of trademark under which your brand name is to be registered is the key element in successful trademark registration. In all, there are 45 classes in Trademark, in simple terms, these are 45 different business segments. These classes are broadly divided into 3 categories. Manufacturing: Class 1 to 34 Trading: Class 35 Services: Class 35 to 45 Identifying under which exact class your business/product/service falls is important
A phrase, word, symbol, device, or even color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.
The registered trademark is valid for only 10 years from the date of filing of an application. After that one needs to apply for trademark renewal.
1. Private Firms 2. Individuals 3. Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc. 4. NGOs
Yes, The TM symbol is used when an application for a trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters
Yes, As we know a trademark is an intellectual property of the owner, as other properties can be sold for a price, the same way a trademark can be sold for a price.
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