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Trademark Registration

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About

A trademark is a phrase, word, or symbol that identifies a certain product and legally distinguishes it from all other similar products. The Controller General of Patents, TM & Designs, Ministry of Commerce and Industry, Government of India, keeps track of trademarks in India. TM is registered under the TAO 1999, which gives trademark owners the right to sue for damages if their trademarks are infringed upon. It is one of the valuable assets.

Symbol R is used when Its process is completed, and will be valid for ten years. Trademarks that are about to expire can be renewed on a regular basis with just an application for renewal of trademark application for additional ten years. Furthermore, a trademark cannot be registered in case of offensiveness, generic, untrustworthy, not unique, or containing expressly protected emblems, among other things.

Benefits

Legal Protection

It you with a legal advantage over someone who attempts to copy your trademark.

Cost-Effective

Once you've registered your trademark, you won't have to worry about it for at least 10 years, unless you decide to renew it.

Goodwill

Many brands throughout the world place a higher value on their trademark than any other physical asset. As a result, it boosts a company's reputation.

Trust Building

Trademarks assist you in maintaining and increasing the value of your brand in the marketplace.

Requirements

The following requirements must be satisfied in order to register a trademark:

Can use (TM) symbol in a single day

Soft copy of Logo (also can be applied without logo)

One page authorization letter

Identity proof of Trademark owner

Power of attorney

Documents Required

For Individuals

  • Brand Name
  • Brand Logo
  • Mobile Number
  • Email id
  • Self Attested Pan Card
  • Self-AttestedAadhar Card

For Partnership Firm

  • MSME certificate
  • Brand Name
  • Email Id, Mobile Number, Brand Logo
  • Self Attested Pan Card(any one partner's)
  • Self-AttestedAadhar Card(any one partner's)

For Pvt Ltd Company and LLP

  • Company PAN Card
  • Company Incorporation Certificate
  • Brand Name
  • MSME UdyogAdhar or Startup India Certificate
  • Brand Logo
  • Mobile Number
  • Email id
  • Self-Attested Pan Card authorised director/designated partner
  • Self-AttestedAadhar Card
  • Board resolution of authorising a director

Process

Below is the process of registering your business a trademark-

Trademark Name Search

A trademark search, often known as a trademark name search, is one of the most important variables in estimating the likelihood of a mark being registered (brand). Although it aids in determining whether or not a brand name may be registered, having a distinct brand name does not ensure trademark registration. It's usually a good idea to receive a trademark availability report before filing a trademark, because filing the wrong trademark can waste time, money, and potentially get you in legal trouble.

Trademark Filling

Its application can be registered only with registrar after the trademark search is completed. Its application should be completed in a specific manner and sent with the appropriate costs. You can submit it online or at any state's five Trademark Registrar's offices. It must have below –

  • Date of Trademark Used
  • Owners’ Name & Address
  • Logo
  • Good or Service Description

Trademark Examination

The examiner will review it after it has been submitted to ensure that it is accurate. If there is a discrepancy, the examiner has 60 days from the date of application to submit a trademark objection report.

Trademark Publication

Every 14th day, the applications are published in the Trade Mark Journal. Anyone who objects to the brand name has four months from the date of the examination report to file an opposition with the trademark registrar. It is transmitted for reg, in case of no objections.

Registration Certificate

The registration certificate is issued digitally by the registrar of trademarks once its been advertised in TM Journal for four months.

Renewal

To preserve the protection of your brand identification, every registered trademark must be renewed every ten years. With the help of a skilled attorney, trademark registration can be a breeze. Professional Utilities can assist you in streamlining the entire registration process while avoiding the stress of meeting deadlines and receiving responses.

Certificate

Why Legal Birbal?

For many years, we have provided services to many startups and enterprises of all kinds and scales across India. Our clients come from a wide range of industries, with the bulk of them being IT startups. We are a well-organized staff of professional CAs, CSs, and lawyers, backed up by a pool of well-known accountants and other members across India, to give exceptional services.

Highest Customer Satisfaction

Complete Transparency

Reasonable Pricing

Free Expert Assistance

FAQ

TM registration in easy words?

It means registration of digits, label, device, name, word, all those that comes under visual symbols

What can be registered as a Trademark?

A phrase, word, symbol, device, or even colors are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies.

What is the difference between Trademark and Copyright?

A trademark helps to protect the logo, name, and brand used in the course of trading goods and services but whereas copyright helps you to preserve the original literary, artistic, and musical work.

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