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WHAT IS TRADEMARK REGISTRATION?
Before knowing the process of trademark registration, we should know about the trademark. Trademark means the brand name of the business. The identity of the industry lies with its name, and that name should be protected so that no one can miss use that brand name. The brand name is the first attraction of any business and its product & services. For protecting their business identity, the name of the business must be registered with the registrar of the trademark under the Trademark Act, 1999. Not only the word get trademark protection even the logo, any design or mark, any different color which symbolizes the business, or slogan, or any symbol which are related with the business can get the protection under trademark act, 1999. A registered trademark or brand name is always a point of attraction of consumers and also build faith on the products or services due to which the goodwill or brand value of the business continuously increase, the registered mark also enhances the earning capacity and brings out with good cash flow. There are two stages of registration first is “TM” which the applicant get within a day after applying, and that can be used till the applied trademark get registered or abandoned. Once the applied trademark get registered the symbol get changed from “TM” to ® which means that the trademark is registered and once it gets registered it will become valid for ten years and after the expiry of ten years the applicant may apply for the renewal of trademark. During this period any unauthorized person cannot use the registered mark if he does so then the applicant can sue him for using his trademark and can also claim the compensation for the loss or damages occurred to the owner of the registered trademark. There are few examples of trademark: “COCA-COLA,” “AMAZON,” “APPLE,” “REGISTER EXPERTS,” etc. these all are the registered trademark.
What Do You Get In Trademark Registration
Documents Required For Trademark Registration
Process Of Trademark Registration
- Trademark Search
- Submit Documents
- TM Application Preparation
- Trademark Challan
- Trademark Registered
The first step under the trademark registration is to search the availability of the proposed trademark name. Once receiving the brand name we will check its availability. We will review all the possible way to get that name, and once it is available, we will start the process of its registration. Anyone can check the availability of the trademark at www.ipindiaonline.gov.in. There is two way to test its availability, i.e., one by searching wordmark and the second one is phonetically under the required class.
If the proposed trademark is available, we will start your registration process and for which we will send you a few documents. All you need to do that you need to fill all the relevant information and sign it and after that, you need to send us the soft copies of those documents. These documents will provide us with the authority to file your trademark application on behalf of you
After receiving all the information and signed documents we will prepare your trademark application. After its preparation, we will send you the draft application which is also known as a preview of a trademark application. We will provide you with the soft copy of the trademark preview. Once you submit your confirmation, we will present the same application to the trademark registrar after it is digitally signed by the attorney.
It will take 2-3 days for filing the trademark application, and once it successfully submitted to the registrar, we will provide you with the trademark application which will be in TM-A form along with the copy of challan. Copy of challan contains the trademark application number, date of filing and applicant name along with attorney name, which is the proof that the application is successfully submitted to the registrar and now it is under government process. After receiving the trademark challan, the applicant can start using that mark by writing "TM".
After submitting the trademark application, it will take around one year to get registered. It is a long process to get the "R" mark. If the request is accepted by the registrar, it will be published for four months in the journal for third-party opposition. If the registrar receives no objection, then he will register the proposed mark, and after that, it will be valid for ten years.
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Frequently Asked Questions
Ques: How can we choose a brand name?
The brand name is the identity of any business and it should be unique. Before filing the registration application the applicant must ensure that the desired brand name is available. The desired name should not be similar to the existing brand name in visual as well as in phonetic.
Ques: What are the advantages of trademark registration?
Registration of a trademark gives the protection to the owner of the trademark, no one can use the registered trademark in an unauthorized way.
Ques: Who can apply for trademark application?
Any person who is having its own identity can file an application for the trademark registration like:
- Any company like private limited, public limited, section-8 company, OPC, etc.
- Partnership firm
- Sole proprietorship firm
- Trust, Society, Co-Operative Society
- The government body, etc.
Ques: What is the validity of a registered trademark?
Once a trademark is registered it is valid for 10 years and the applicant can file a renewal application within 6 months before the expiry of the 10 years.
Ques: What is the difference between TM and ®?
If any brand name or logo contains TM on it then it means that the trademark application is filed and now the application is under process. The applicant can use TM on its brand name and logo after the filing of the application till it gets registered and once it gets registered the word TM gets replaced by ®. The ® mark means that the trademark is registered and now it is valid for 10 years.
Ques: How much time it will take to get a trademark registration certificate?
Generally, it will take 8 months to get it registered. But if any objection is raised by the registrar or any third party then the time can be extended till the clearance of that objection.
Ques: What is trademark class?
Trademark class is basically the category of business activity. Each and every class have a different business specification and the application is filed as per the business of the applicant. Goods come under class 1 to 34 and the services come under class 35 to 45.
Ques: Can applicant register same trademark in different classes?
Yes, the applicant can file the application for the same brand name or logo is different classes even in 1 to 45 classes.
Ques: What is government fee for trademark registration?
The government fees depend upon the status of the applicant.
- If the applicant is individual or sole proprietorship then the government fees will be Rs. 4500/-
- For companies/partnership firm/society/trust/LLP/any government body/etc then the fees will be Rs. 9000/-
- For small enterprises or start-up then the fees are Rs. 4500/-
Ques: What is trademark objection?
If any query is raised by the registrar of the trademark before accepting and publishing it in the journal of the application is called trademark objection. The registrar raises a query if he thinks that the desired brand name is similar to the existing mark or any other ground as he thinks fit.
Ques: Can an applicant register a brand name and logo in a same application?
Yes, the applicant can file a brand name and logo in the same application, there is no need to file any different application for brand name as well as the logo. The brand name and logo registration application shall file in TM-A form.