Trademark Registration
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, a trademark is not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.
Trademark Registration is done through Maheswari Consultancy in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
Name
Word
Numbers
Images
Sound
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
A trademark application can be made by:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’s
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Excellent Business Opportunity
- A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
Legal Protection
- A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
- Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
- A trademark that is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.
Creation of intangible asset
- The trademark can be a valuable asset, in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.
Infringement protection
- Filing a trademark assures that the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can take legal action and even sue the person or the company who has illegally used the trademark.
Exclusive rights
- The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Applying the registered symbol
- The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person
Differentiating products
- Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
Promotes Goods and Services
- Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhancing the brand value.
Protect the Commercial Goodwill
- A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Advertising sales
- The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
- Consultation
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
- Government Fees
| Features | Central GST – CGST |
|---|---|
| Trademark Search | Free |
| Trademark Consultancy on Class and Availability | Free |
| Government Fees | Rs 4,500 |
| GST | Rs. 270 |
| TM Application Filing + Drafting (Our Fees) | Rs 1,499 |
| Total Cost | Rs 6,269 |
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Select Appropriate Class
Depending on the nature of your products, we shall suggest the appropriate class among the 45 classes
Trademark Application filed
We create your Trademark application in 3 days and get your TM number
Trademark registration completed
Your trademark is registered in 1.5-2 years if no competitor objects to your trademark applicationStep 1 : Trademark search (1 day)
Maheswari Consultancy checks trademark availibity or checks brand name availability on the behalf of their clients to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at laxarna.com/trademark-search. Because being exclusive do matters. This ensures that there are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.
Step 3 : Trademark application submission (1 day)
Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
- Proof of Applicant
- PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Notes
- Identity and business proofs: The trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card, or Voter’s ID.
- Using Logo with Tagline: If a trademark application is prepared for a tagline with only words, then there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
- Brand Name & Logo: The logo must have the brand name.
- User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
- Proof of TM use: To demand specific user date, documentary proof like invoices, registration certificates, etc. with the brand name must be given.
- MSME or Start-up Recognition: A partnership firm or Corporate entities can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
- Signed Form TM – 48: M-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by LW professionals for the signature.
If a Trademark is registered and the status is shown as “Objected”, then this indicates that the authority has received 1or more objections on the trademark, this can be because of duplication of an existing registered trademark or else the trademark is offensive and there can be various other reasons in the case of a trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you are required to give proper evidence and prove the uniqueness of your Trademark.
In Section 11, the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When there is an objection, then the candidate required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.
Just applying for a trademark registration won’t work for the long-term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.
Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
- Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
- Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
- Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal leads to a lapse in legal protection in the case of “Brand name”.
- Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.
Renewal Process and Forms
- The application of renewal is done in form TM-12
- The application can be executed by either the registered owner of the trademark or an agent approved by him.
- You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
- The supplier had paid the due tax to the government,
- Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.
Once a trademark application is registered in the Trademark office or online, then the candidate can begin applying the TM symbol on products or the services, and if the trademark is registered then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
- “R” Symbol: You receive the R symbol the moment you file the trademark application for registration. This type of symbol assists protects the trademark from getting copied by others.
- “TM” Symbol: This symbol is for unregistered trademarks. It informs others from copying your logo, name, or symbol. It does not give you copyright protection, and others can apply your logo or name in case your application gets denied.
- “C” Symbol: The C symbol stands for contents that do not have any copyright issues. The symbol is necessary for many countries for copyright claims.
- “SM” Symbol: The service industry applies this symbol. The symbol is suitable for classes from 35 to 45. It never assures protection upon copyright issues.
Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.
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