Trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same. Early trademark filing will help avoid unnecessary legal tangle. A trademark can be registered if it is distinctive for the goods and services you provide.
Why to register Trademark?
- Unique Identity
- Creation of Intangible Assets
- Creation of Brand or Goodwill
- Legal Protection
How does the process work?
Once you have decided to appoint us to apply for trademark, we will mail you the documents checklist and our executive will guide you for arranging the required documents.
Documents can be send in the form of hard copies or soft copies through our mobile app/website
Once we receive the required documents we will verify the documents and proceed for applying with the Registry.
What will be included in the said Package?
- Personal Consultation
- DSC of the Applicant
- Preparation of Search Report of Trademark
- Guidance of availability of trademark
- Preparation of Trademark application and other secretarial documents
- Guidance to help in finding the HSN codes of the business of the company and finding the class in which company to register the Trademark
- Filing the application with the trademark registry.
Who can apply for a trademark and how ?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.
What are different types of trademarks that may be registered in India?
Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Who benefits from a trademark?
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
What are the benefits of registering a trademark?
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
Can a registered trademark be removed from the register?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?