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.
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 attorneyRequirements
Below is the process of registering your business a trademark-
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.
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 –
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.
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.
The registration certificate is issued digitally by the registrar of trademarks once its been advertised in TM Journal for four months.
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.
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.
It means registration of digits, label, device, name, word, all those that comes under visual symbols
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.
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.
Yes, you can apply