Trademark REGISTRATION

TRADEMARK REGISTRATION

What is Trademark?

A Trademark is an illustrative identity of an organization that distinguishes the goods or services delivered by an organization from its competitors and sureties the ownership. An organization can use any name, symbol, logo, graphics, word or photograph as a unique visual symbol. With the help of a Trademark, an organization can build brand value in the market and generate trust among buyers. After the creation of the Trademark, it is necessary to get it registered under the Trademark Act, 1999. The Trademarks are recorded by Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

As per Indian laws, a trademark is a protectable asset and an organization can restrict the utilization of a particular trademark by registering it under the Trademark Act 1999. The Act forbids an individual or an organization from using offensive Trademarks or an existing Trademark to eradicate piracy.The Act further incorporates the trademark under 45 industrial categories named as ‘Class’.

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Documentation Chart

  • Brand/ Trademark Name

  • Goods Services Description

  • Firm or Company Name or Individual Name

  • Address of Applicant Firm/ Company/ Individual

  • Name of Partners/ Proprieter

  • User Details

    If New : No Document Required
    For User Claim : Evidence to Support User Claim
    [evidence include but not limited to Sale/ Purchase Invoices, Promotions, Newspaper Cutting, Certificates or Licenses Received, Pictures from Exhibition or Social Media and/or any other document which contain Brand/ Trademark along with Date]

  • Power of Attorney/ Authorisation Letter

  • This is a limited set of legal records essential at the time of application. The documents may vary based on the type of registration. Adhoc Legal will disclose the requisite documentation at the time of consultation.

Trademark Registration Offer Price Just 999/-

For More Details See Below

Government fee will be charged as applicable

  • Trademark search
  • Drafting
  • Trademark filing
  • Trademark tracking/ Status report

Trademark Filing:

For Individual, proprietorship Firm, MSME : 4500/-

For Partnership Firm, Body Incorporate, Socities or Any other: 9000/-

PROCESS

TRADEMARK FILING

Once you have completed the initial trademark search, you can file an application for trademark registration with the Trademark Registrar. Just ensure that your application is supplemented with the following information in the prescribed form.
1.) Logo or the Trademark
2.) Name and address of the trademark owner
3.) Classification or Trademark Class
4.) Trademark used since date
5.) Description of the goods or services

FILING A PROVISIONAL APPLICATION

After you have filed the application, you will receive a trademark application allotment number. With the help of this number, you can easily track your application progress online. The application allotment number also permits you to affix the TM symbol to your logo.

VIENNA CODIFICATION

This is an important step in obtaining a trademark registration. During this process, the registrar will apply the Vienna classification to the trademark based on the figurative elements of marks.

TRADEMARK EXAMINATION

Once the registrar finishes the Vienna codification, he assigns a trademark officer to the application. The job of the trademark officer is to review the trademark application for correctness and issue a trademark examination report. He also handles the objections, if any. In case there is an objection and the applicant is not satisfied, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.

TRADEMARK JOURNAL PUBLICATION

Once all the formalities are completed, the proposed trademark is published in the Trademark Journal. The Trademark Journal is a weekly publication and includes all the trademarks accepted by the Trademark Registrar. It is open to public for raising any objection. There is a 90 days window for raising objection, if there is no objection then the trademark is registered within 12 weeks.

TRADEMARK REGISTRATION AND RENEWAL

Once the trademark applicant receives the trademark certificate, they can display the ® symbol next to the logo or trademark. Your Indian trademark registration will last for 10 years as long as you continuously use your trademark. After 10 years, you can renew your trademark registration by paying a renewal fee, failing which your trademark will be expunged from the Register.

Reviews

Prerna Basu
Owner, Exampleton Productions
Testi3
5

A truly professional Trademark certificate provider consultant. They are excellent service providers and have corporative staff. I was so far from them but they have provided eminent services at an affordable cost.

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Prescribed Trademark Symbols

C Symbol – ©

© symbol stands for ‘Copyright’ and is mandatory to be obtained to secure content such as Literary work, Artwork, website content etc from infringement. In most of the nations, the owner needs to obtain copyrights to safeguard ownership.

SM Symbol

‘SM’ Symbol is quite similar to the ‘TM’ symbol as both don’t represent the ownership. As ‘TM’ is used for products, ‘SM’ is used by service providing industry covered under class 35 to 45 such as Banking, Legal etc.

TM Symbol – ‘™’

A ‘TM’ symbol doesn’t symbolise the ownership and can be utilized immediately after filing a petition for registration. The usage of a ‘TM’ symbol is allowed with a point of view to serve as a caution to the existing owner.

R Symbol – ®

The ® symbol signifies the ownership of a Trademark and can be used only after attaining consent from the Registrar. The symbol grants authority to the owner to protect his business from breach and power to sue ones developing product piracy.

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