Trademark Registration

DOCUMENTS REQUIRED

Incorporation Certificate: In case of a company or LLP.
Partnership Deed: In case of a partnership firm.
PAN Card of the authorized signatory.
Aadhaar Card of the authorized signatory.
Logo
Power of Attorney (Form TM-48)(which shall be provided by us)

A trademark is a type of intellectual property that differentiates your product or services from other competitors in the market and makes you the sole authorized person to use the particular name or logo. It makes sure nobody else uses your brand’s logo, tagline, product shape and packaging, sound, fragrance, color combinations, and anything else that gives it a distinct identity. When a trademark is registered, the owner gains nationwide possession of the mark. A trademark registration serves as a formal notice that the trademark has already been registered.

Who can file for Trademark?

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What can be trademarks/Types of Trademark?

Benefits of Getting Trademark Registration

Distinctiveness

Trademark registration helps in differentiating your business goods and services form the rest of the market.

Indicates Superiority in the market

Trademark Registration denotes a superiority in the market as well as it is an indication of the quality and standard of the goods and services.

Exclusive Rights

The owner of the trademark has an exclusive right to the use of the trade mark in that particular goods and services in which goods and services the trade mark is registered.

Prevents Copying or Similarities

Trademark Registration protects the “mark” by preventing similar names from being registered by other people in the same business.

Uniqueness

Trademark helps in developing a unique identity that the public associate the specific brand with. It helps in attaining uniqueness in the market.

Powerful Deterrent

The trademark registration helps installing a feeling in public that this brand is not to be copied.

Legal Remedies

The infringement of the trademark of an entity leads to the civil and criminal proceeding against the infringer.

Process of Trademark Registration

Trademark Search

Our team shall conduct a Trademark search which will provide information about identical or similar Trademarks filed with the Trademark Registry.

Trademark Filing

Our team shall then proceed with Trademark application and it filed with the Trademark Registrar after the trademark search is completed.

The Vienna Codification Process

The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks' figurative elements after the Trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as "Sent for Vienna Codification".

Trademark Examination

Post completion of the Vienna Codification, the officer will check the Trademark application for accuracy and produce a Trademark examination report. The officer has the option of accepting the Trademark application, allowing trademark journal publication, or objecting to the Trademark registration process. If the application is denied, our Trademark Attorney shall appear or submit documents before the Trademark Officer to answer the concerns. If the officer finds the justification sufficient, the Trademark will be approved for publishing in the Trademark Journal.

Trademark Journal Publication

The proposed Trademark is published in the Trademark journal once the Trademark Registrar accepts the registration application. In addition, members of the public can oppose a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks. If a third party objects to the application, the Trademark Hearing Officer will schedule a hearing. The Trademark Hearing Officer will determine if the application should be accepted or rejected.

Trademark Registration

If no objections or oppositions are raised, just the trademark document and registration will be prepared and issued. Trademark is deemed a registered trademark of the owner only once the Trademark registration Certificate is issued, providing the owner some exclusive rights to the mark. The ® Symbol can now be added to a logo or a trademark.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What can be protected?	Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.	Inventions, Product or Process.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.
Eligibility	Distinctiveness and Uniqueness.	Novel, Unique and Industrial applicability.	Unique and Original work
Validity	10 years	20 years	Author’s lifetime + 60 years.