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Protect Your Brand Name/Logo by Filing a Trademark Online
Now apply for Trademark online with the assistance of LAW SUVIDHA and get quality services at affordable prices.
Developing a brand requires time, money, and effort. As a result, one ensures authorization to use the brand’s name, slogan, logo, packaging, sound, smell, colour scheme, and everything else that gives it a unique identity. A trademark is an intellectual property that distinguishes a company’s goods and services from those of its competitors in the marketplace. Trademarks are registered under the Trademark Act, 1999.
To safeguard distinctive trademarks, catchphrases, or coined concepts, trademark registrations are frequently employed. In India, individuals, businesses, and nonprofit organizations can file trademark registration applications. However, there are certain standards for each category of person or company for submitting a trademark application. The following items are eligible for trademark registration in India:
A proprietorship company may submit a trademark application in the name of its owner, but not in the business or proprietorship name. The proprietorship name and the business name you provide in your application will be considered separately.
The application should be made in the name of the Limited Liability Partnership in this situation. The partners in this corporation each have their own unique identities. Since the trademark belongs to the LLP, the partners cannot be the applicant.
Any Indian business, whether private limited, limited or in another form, is required to submit a trademark application under the business’s name. Since every incorporated business has its own identity, it should be noted that a company’s director cannot also be a trademark applicant.
The controlling trustee, chairperson, secretary of a trust, or society will be identified when a trademark application is submitted on their behalf.
A registered trademark provides an owner with the power to take legal action against anyone who replicates or misuses your brand name.
Brand names are the only way customers identify a product or service. Thus, registering a trademark stays a unique selling proposition for a company as it guarantees 100% originality.
Intellectual property, which is an organisation’s intangible asset, is created through trademark registration. A registered trademark is a property that can be purchased, licensed, or utilised to generate significant revenue.
Registered trademarks boost the popularity of businesses and can be explored in government trademark databases anytime.
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Evidence of Applicant : Owners’ PAN cards and proof of address will be required. Likewise, a registration certificate (except for individual applicants) will be submitted.
Brand Name & Logo : To register a trademark, the logo must contain the Brand Name.
User Affidavit : If you wish to claim a specific date, you need to submit a user affidavit.
Proof of TM Use: To claim a specific user date, you must provide additional proof with your brand name, such as an invoice, registration certificates, etc.
MSME / Start-up Recognition: Partnership firms and body corporates (other than an individual) can avail of a 50% discount on government fees by providing a registration certificate under MSME or Startup India scheme.
Signed Form TM – 48: TM-48 is a legal document that allows an attorney to file trademarks with the Trademark Registry on your behalf. Team Law Suvidha’s legal experts prepare the documents for signature.
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A product mark is put on a thing or a product, as opposed to a service. A product mark helps to identify the source of the goods and to protect the reputation of the business. Trademark applications submitted under trademarks 1-34 may be considered product marks because they represent commodities.
Similar to a product mark, a service mark is used to distinguish services as opposed to products. The major aim of the service mark is to assist set apart the owners from those other businesses that provide comparable services. Since the trademark applications fall under trademark classes 35 through 45, we may see them as service marks.
The collective mark alerts customers to the distinctive qualities of the goods and services being utilised to represent a group. A group of individuals may use this mark to collectively protect products and services. An association, a governmental institution, or a Section 8 business can be the owner of a trademark.
It is a label that the business owner issues to describe the product’s provenance, composition, calibre, or other specifics. The fundamental goal of certification is to set a product’s standard and to provide customers peace of mind that the product has completed quality-assurance examinations. We typically find certification symbols on packaged products, toys, and gadgets.
The pattern markings apply to goods with a particular designed pattern that acts as their identifying feature. Patterns that don’t stick out as significant would be rejected. A pattern mark needs to be distinguishable to be registered.
A sound mark is a sound that may identify an item or service as coming from a certain vendor. Sound logos, commonly referred to as audio mnemonics, appear at the beginning and end of ads. The IPL theme song is the most well-known sound brand in India.
Multiple start-ups register their trademarks based on the founder’s name, but larger companies prefer to register under their company name. It is because the future of startups is always in question. If it belongs to the owner, it is valid regardless of the state of the entity.
Any mark that is identical or deceptively like an already registered trademark, or whose application for registration is currently in progress, cannot be registered under trademark. A mark that is likely to cause treachery or misunderstanding, or that seems objectionable, may also be denied for registration. Geographical names, popular trade phrases, and common abbreviations don’t count under trademark.
The registered trademark is valid for ten years from the registration of the application. It can be renewed every ten years indefinitely. In India, one needs to file a renewal request six months before the expiration of the previous registration of the trademark.
Registration applications filed under the Trade Marks Act, 1999 are verified and registered in India and are valid only in India.
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