A trademark is a graphic symbol—it could be a word, a name, a number, a label, a color combination, etc.—that businesses use to set their goods and services apart from those produced by other companies.
Do you want to register your trademark ?
A distinctive Trade Mark registration is the answer if you’re considering a new good or service and want to register the logo for it. The most effective instrument for marketing your product may be a trademark. The public identifies a Trade Mark with certain quality, reputation and image of your good or service. Your firm will be more successful the more well-known the Trade Mark is.
The same argument also holds true for plant breeder’s rights, registered designs, patents, and copyrights. These are referred to as intellectual property as a whole.
There are several different sorts of trademarks that can be registered in India, including device marks, word marks, labels, and logos. The choice of whether to register the trademark as a word mark or a logo is therefore a challenging one.
A word mark is the simplest of the additional trademarks that are possible; for example, Jio or Britannia have merely trademarked the word, which is known as a word mark.
A word mark causes the word to self-register. When a trademark is registered as a word mark, the applicant has unrestricted use and representation rights to the word in any font or format, giving it broader protection. This includes exclusive rights to the word as a whole and the ability to describe it in various formats, regardless of its style, for all the goods and services associated with the mark.
A logo, on the other hand, gives the owner of the trademark the rights to the whole combination of words, images, and designs. such as Nike, Adidas, etc. In addition, the applicant would wish to register a trademark for a certain logo if it is without a doubt recognisable by viewers or customers.
Because a logo’s rights can only be asserted as a whole, the protection offered to the words in a logo mark is more limited than it is for regular word marks. Therefore, registering a trademark as a logo would be appropriate if someone wants to register a distinctive designed appearance or a combination of stylized text and design.
Typically, a company’s brand name consists of both words and logos. For instance, the complex composite logo mark used by Jack & Jones, a major garment maker, integrates even the location of its label on the back of their trousers. In such cases, filing the trademark as both a word mark and a logo would be the best method to protect the intellectual property. However, since it might be expensive to file multiple trademark applications, it is generally advised to register the trademark as a word mark.
To obtain the thorough shield, a different trademark application for word and logo must be submitted. For new enterprises, it can not be very cost-effective.
When a trademark is formally registered, the person listed as the applicant on the Trademark Registration form will be recognised as the trademark’s owner. Any person, business, or LLP may submit the application as an applicant.
A trademark registration is an important process that a brand or corporation can utilize to protect itself from unauthorized use and infringement.
The Government of India has gradually streamlined the trademark registration process to enable business owners to easily obtain trademark registration for their brands within a few months. The numerous paperwork needed to register a trademark in India are listed below.
It is not necessary to submit original papers for the registration of the trademark application procedure. The only required original documents are scanned copies.
A Power of Attorney signed by the applicant must be used to authorize a Trademark Agent to file the Trademark Application with the Trademark Registry. After receiving the acknowledgement, the trademark agent files the application with the Trademark Registry. The Trademark Agent will receive all letters and communications pertaining to the TM registration procedure.
In order to effectively register a trademark, numerous steps must be done.:-
Remember that the logo you use to represent your company should be both unique and recognisable. Finding out which official level you belong to is a crucial next step. Trademarks can currently be registered for 45 distinct kinds of goods and services. 35-45 is for services, while 1–34 is for goods.
It is a good idea to conduct a search once you have chosen a mark for your company to determine whether it is similar to any other registered marks. You can do this on your own or with the aid of a specialist by going to the website of the Controller of Patents, Designs, and Trademark.
Using legal counsel is the alternate choice. Although you will have to pay for them, it is thought to be the safest option. The total cost of legal services will be less if an objection is made against your trademark. They would not only perform the search on your behalf, but they would also offer support all along the way.
There is no restriction on the number of classes or series trademark applications you can submit in a single filing. Form TM-A must be filled out in this situation in order to register a trademark for more than one particular category of products or services. There are two types of fees for submitting this form:
Rs 9,000-10,000 bracket
This category will be assigned to you if you do not meet the requirements for a start-up business, a small business, or an individual. The cost to submit the form electronically is Rs 9,000. If you decide to file the application in person at the Department of Trade Marks, the cost is Rs 10,000.
Rs 4,500-5,000 bracket
This group includes those who work for themselves, own a small business, or are just starting one. The fee of electronically submitting the form is 4,500 rupees, compared to 5,000 rupees for physically submitting the form.
You must be extremely careful not to make any mistakes when filling out the form because doing so could cause the application to be delayed or even rejected. All relevant information must be provided, and you must provide a photo of the trademark that is 9 cm by 5 cm in size. You can end up being required to attach five identical copies of the same thing. When filing, the entire file and two copies must be presented.
You can submit it online, on your own, or through an agency, whichever is most practical for you. If the application is made physically, it could take up to 15-20 days for it to be validated. However, if you complete it online, it will be finished right away.
You will be given an allocation number once you have confirmation that your application has been filed.You can monitor the status of the application online using this allocation number. It will take time; if there are no filing problems, it will be 18 to 24 months before you find out whether your application was approved or rejected. This could take longer if there is a problem.
Since files are given priority based on the date of submission, the longer it takes, the more priority your application receives. Another benefit of filing the application is that, after receiving your allotment number, you can still use the TM sign next to your mark even if it hasn’t been approved.
Once your trademark has been approved, the registrar will give you a trademark registration certificate. This will formally attest to the registration of your trademark and its future protection. The registration will be active for 10 years starting on the application submission date. Your trademark can renew again once the mention time has passed.Renewal is possible forever.
Please Note: A trademark is only recognised and valid in India; it carries no guarantee of recognition outside.
The cost to register a trademark is Rs. 5,499 for individuals and Rs. 11,499 for businesses.
The above-listed prices can change. To contact our specialists and get detailed price information, please click here.
A trademark is a distinctive symbol or sign that can be a label, a number, or a group of colors used to identify your goods or services.You can obtain a trademark registration under the Trademarks Act, 1999.
By using a trademark, you and a third party can tell your goods and services apart from those of your rival. However, it would be beneficial to remember that common names, trade names, geographical names, and abbreviations cannot be registered as trademarks.
In addition to being distinctive, a trademark should be simple to use, help sell your products, and build brand recognition for them. The following are some advantages and benefits of trademark registration for the owner:
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