Trademark registration Online

The process of creating an brand requires a lot of effort, time and capital. Therefore, it's essential to ensure that you have the right to use your logo and tagline product design and packaging and sound, fragrance colors, and everything else that gives its own distinctive character. Trademarks are intellectual property that differentiates the product and services from those of other competitors on the marketplace.

In India the Trademark Act of 1999 allows the registration of trademarks. It gives exclusive ownership rights , and also prohibits other people from using the trademark in favor of the registered mark's owner.

When a trademark is registered Once a trademark is registered, once it's registered "TM" symbol is associated with the trademark owner and the brand. To safeguard the brand name filing a trademark in India is vital. It is recommended to register trademarks with the guidance of an expert, since the process involves a number of steps and requires continuous monitoring by the government.

Eligibility to Trademark Registration

Trademark registrations are widely utilized to protect distinct trademarks, slogans, and invented terms. Corporations, individuals as well as non-profit organizations can all apply to register trademarks in India. However, each category of individual or organization has their own set of rules in submitting an application for trademark registration. In India there are a few categories of people permitted to register trademarks.

A person (Person)

Anyone who isn't operating a business may apply for a trademark application and apply for trademark registration of the symbol or word which is planned to be utilized from the applicant's perspective in the near future.

Joint Owners

The joint owners of an company together are able to file for a trademark , and both names have to be listed within the filing.

Proprietorship Firm

A proprietorship company can submit a trademark application in the name of its owner, but not under its proprietorship or business names. If you use an owner's name as well as an official name for your application, these details are considered separately.

Partnership Firm

The partnership company must list all names of its partners on the application for a trademark. The company can have up to ten partners. If the minor partner is in the partnership names of guardian of the minor who is his representative must be included.

Limited Liability Partnership/LLP

In the case of a Limited Liability Partnership, the application should be submitted in its name as the LLP. It is an entity that has been incorporated in which the partners own their own identities. They are not the applicants since the trademark is owned by the LLP.

Indian Company

Any Indian company regardless of whether it is a limited, private or any other form that needs to submit a trademark application under the name of the business. It is important to note that every incorporated entity has its own distinct identity which is why a company's director can't be a trademark application.

Foreign Company

If a foreign company applies for a trademark in India the application must be filed under the name of the company which was registered within the country of origin. The purpose of the trademark registration, its country and the law, should be listed here.

Trust or Society

If an application for trademarks is filed for the benefit of a society or trust the chairman, the managing trustee or secretary acting on behalf of that trust should be identified.

The documents required to sign an tm registration

Incorporation Certificate
When the trademark has been registered with the name of a company or LLP.
Partnership Deed
In the event that the trademark has been registered in a partnership company.
PAN Card
Of the signatory authorized.
Aadhaar Card
Of the signatory authorized.
Form TM-48 signed
The TM-48 is an official document that allows your attorney to file your trademark to the registry of trademarks on behalf of you. Our experts will prepare the documents for you to sign.
Logo
Do not submit the trademark in white and black in order to make sure that all colours associated with the mark are protected by the registration.

Types of Trademark registrations in India

Marks for products, service marks, collective marks, certification marks sound marks, shape marks and pattern marks are all kinds of trademarks that may be registered. Although there are many kinds of trademarks but their purpose will be the exact same: enable consumers to distinguish between goods and services made by certain companies or service suppliers. Let's take a look at the various types of trademark registrations in India.

1.Product Mark

Contrary to it being a service however, it is a product mark is used to identify the product or product. A product mark helps in identification of the source of the item and also the protection of the company's name. Because they represent goods trademarks, applications for trademark registration under trademark 1-34 may also be classified under product marks.

2.Service Mark

Service marks are service mark is like an product mark, but it's used to mark the existence of a service instead of an actual product. The service mark's primary function is to distinguish owners from those who own others offering similar services. Applications for trademarks have been filed in the trademark class 35-45 that could be considered service marks as they are services.

3.Collective Mark

The collective mark informs consumers about the distinctive qualities of the goods and services that represent the collective. The mark is used by a group to protect products and services on a common basis. The trademark holder could be an association or public institution as well as the section 8 corporation.

4.Certification Mark

It is a label given by the owner which identifies the origin of the product or origin, the quality, substance or any other particular data. The purpose in establishing the product's quality standard and give buyers confidence of the product has passed the tests that are standard to ensure its quality. The certification marks are typically found to be seen on items such as packaged products such as toys, electronics, and toys.

5.Shape Mark

Shape marks are employed exclusively to identify the form of the product to ensure that customers are able to identify it with a particular manufacturer and decide to purchase it. When it is found that the product is of a distinct shape it can be registered.

6.Pattern Mark

The patterns are used for items that feature a specifically design that is the product's distinct characteristic. Designs that aren't able to seem to be distinctive are disqualified. The pattern must stand out as distinctive for it for it to become registered.

7.Sound Mark

Sound marks are sounds that could be associated with an product as well as a service that is provided by an individual source. Sound logos are also referred to as audio mnemonics and they appear at the beginning and end of commercials. The most well-known sound symbol for India is the tune of IPL.

Process of Registration for Trademarks at Indiafilings

How can I obtain Trademark trademark registration India?

At India Filings we offer an easy process to obtain an trademark registration for India.

The advantages of obtaining Trademark Registration

There are many reasons to apply for a trademark registration, however, the majority are essential for all companies and entrepreneurs who are ambitious because it can be a useful asset. The process of registering a trademark and using the services can have many benefits. Here are some advantages.

Intellectual Property Protection

The legal protection afforded by trademark registrations is to protect the copying or misuse of the name of the company or logo registered. The trademark owner gains legal title to the trademark that can be enforced by any court. If a trademark is registered, the proprietor gains all-encompassing ownership of the mark.

A trademark registration acts as an official notification of the fact that the mark has been registered.

Powerful Deterrent

A trademark owner gains the option of displaying the brand as a trademark registered to alert others and eliminate the defense of innocent infringement. When a trademark is granted registration, the trademark will be listed on search results, delaying others from seeking the registration of the identical or similar trademark.

If you are the first person to register a trademark and you are the first to file a trademark, it is likely that the National Trademark Office in New Delhi is unable to approve any trademark that appears be confusingly like another trademark.

Legal Remedies

The trademark owner could recover as much as triple in damages against the person who committed the offense, if it is registered with India. The trademark owner is believed to be the sole person who owns the trademark. If the trademark is registered, the owner is granted the power to sue anyone using the trademark at any time in any legal proceeding. Trademarks that are not registered, on the contrary, are susceptible to legal actions.

Important points to be aware of prior to making a decision about Trademark registration

Technology advancements mean that Trademark registration is now completed online. IndiaFilings has assisted businesses from all over India.

Trademark Search

It is essential that prior to beginning, the business owner must look up trademarks for. Conducting a Trademark search will reveal information on similar or identical Trademark that have been registered in the Trademark Registry. This article explains How to conduct Trademark research? will guide you through the exact.

Trademark Filing

Application for trademark registration is able to be submitted to the Trademark Registrar after the trademark research is complete. However, the application should be filed in the standard manner, and must be prior to paying the appropriate fees. The application is made online or in any of the Five Trademark Registration Offices. To apply for trademarks online visit IndiaFilings. IndiaFilings website.

A Trademark Registration application must contain the following information:

Trademarks or Logos Trademark
Address and name of the Trademark owner
Trademark registered since the date
Description of the product or services

The Vienna Codification Process

The Vienna Classification, also known as the Vienna Codification, is an international classification of the symbolic elements in trademarks, which was established under the Vienna Agreement (1973). The Trademark Registrar applies to the Vienna classification on the Trademark in accordance with the trademark's figurative elements following an Trademark registration application is submitted. As this process is completed the status of the trademark application is typically listed in the form of "Sent in the direction of Vienna Codification".

Trademark Examination

Following the successful conclusion of Vienna Codification, the Trademark registration application will be given to an Trademark officer of the Registrar. The officer will examine the Trademark application for accuracy before preparing the Trademark exam report. The officer can choose to accept the Trademark application or allowing publication of a trademark journal or restraining the Trademark registration procedure.

In the event that an application for a trademark is rejected If the application is denied, the applicant has the possibility of appearing before the Trademark Officer to answer the questions. If the Trademark Officer finds the argument to be sufficient the Trademark is accepted for publication on the Trademark Journal. The applicant is able to appeal the decision of the officer in the Intellectual Property Appellate Board if the grounds aren't acceptable.

Trademark Journal Publication

The proposed Trademark will be listed within the Trademark journal after the Trademark Registrar approves the application for registration. The journal is released weekly and includes all trademarks received from the Trademark Registrar. Additionally people may object to the registration of a trademark in the event that they believe it will hurt their interests. If there are no objections within 90 days from the date of publication, the trademark will be registered within 12 weeks.

If a third party object to the application If there is a disagreement with the application by a third party, it is the Trademark Hearing Officer can arrange hearing. Both the applicant and opposing party have the right to appear in person and provide the respective justifications.Based on the outcome of the hearing and on the evidence presented the Trademark Hearing Officer will determine whether the application should be accepted or denied. But, the decision made by the Hearing Officer can be contestable by the escalating official.