Trademark Registration

Trademark Registration

Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered trademark. It provides them protection as it is illegal to use the same logo or tagline.

A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

Documents Required for TRADEMARK REGISTRATION

  1. Pan Card of Applicant and Authorized Signatory
  2. TM 48 Power of Attorney
  3. Logo if any in JPG format
  4. List of goods or services for which registration is required

ADVANTAGES OF TRADEMARK REGISTRATION

Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.
Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

FREQUENTLY ASKED QUESTIONS

A trademark gives identity to a brand; it is a recognizable sign, word, design or an expression which is used to identify the goods or services of a seller from those of others. It helps in securing the brand name from being used or misused by the competitors; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular.
Securing your unique name, word, tagline, symbol or logo is one of the most important investments for your business. You need to apply for protection of your Brand name so that others could not benefit from your investments. By registering it, you can obtain a full right over a trademark.
  • The Application of trademark signed by the applicant.
  • A detailed explanation of goods or services for which the application is made. Maximum 500 words.
  • A document stating the use of the trademark (first date) and by whom.
  • Trademark to be represented in its particular size and format.
  • 5 copied of additional representation of the mark along with the goods and services. The details of the applicant to be mentioned.
  • Specifically for Color mark, there needs to be one application with black & white representation of mark and 5 with the color mark.
  • For an application demanding 3-D mark, it should attach a 2-D representation or a photograph.
  • For packaging trademark, there should be minimum of 5 different looks of the product that is to be attached.
  • The translation is important, if there is any non-English word it is must to be translated into English for better comprehension.
  • For an application that claims priority, information about the date of earlier application along with a number of applications and the state or country in which the earlier application was filed is furnished.
  • Another important document to be submitted is the Power of Attorney which should have the name and status of the proprietor. It is not necessary to notarize the Power of Attorney.

Anyone who claims to be an owner of a trademark can apply for trademark registration; it can be an individual, a business organization or a legal entity. But at times, there is confusion in deciding the ownership of the trademark, whether to register as an individual or under your company name?

Following are some points explaining the same:

  • If you own a company and brand are working for the company, then it should be registered under the name of the company, as it will help you create the valuation for your business
  • If you do not have any company, but you are planning to open a company, and also you are in a hurry to register the trademark, then you may proceed with the registering in your name and, later on, you can transfer ownership of brand to the company.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). This classification is used by Indian Trademark Registry to classify the trademarks.
  • Goods are products, like computers and bottles.
  • Services are activities performed for the benefit of someone else, such as IT services or catering.
Basically, the ™ sign is used when a trademark registration file is under process for that brand name; there is no such prohibition in India if you start using a ™ sign with your brand name before filing a registration application.

Upfront Pricing, Simple Plans, & Superior Service

8000/Only Per/Year

Basic

  • Trademark filing under one class for proprietorships and small enterprises having MSME registration. Inclusive of government fee and service tax.
9000/Only Per/Year

Standerd

  • Trademark filing under one class for proprietorships and small enterprises along with MSME registration. Inclusive of government fee and Taxes.
16000/Only Per/Year

Premium

  • Trademark filing under one class for all other enterprises and entities. Inclusive of government fee and service tax.