Trademark Registration
Basic
Trademark filing under one class for proprietorship and small enterprises.
- Trademark Filing
Standard
Trademark filing under one class for proprietorship and small enterprises. Logo designing by Graphic Designers.
- Trademark Filing
- Logo Designing
Premium
Trademark filing under one class for large enterprises not eligible of MSME registration.
- Trademark Filing for Large Enterprises
Trademark Registration
Registration of trademarks in India allows the applicant to use symbols or names to represent the business or products offered by the business in order to distinguish the goods or services offered by the competitor from its competitors. Once a trademark is registered in India no other organization can use it as long as it is still in use.
The “™” sign can be used with a trademark applicant once it is registered. Trademark registration is a company property to protect the brand name you need to apply for trademark registration in India. It is always best to get one. Always from the government.
AK Taxes have helped thousands of applicants across India get their trademark registered.
Eligibility for trademark registration
Who is eligible to receive a trademark registration in India?
Trademark registration is widely used to protect brands or slogans or unique brand names. Registration of trademarks in India may be obtained by individuals or businesses or non-profit organizations. However, each different category of people or business has different requirements when applying for a trademark. The following is a prerequisite for obtaining a trademark registration in India.
Step1: Person (Person)
A person who does not do any business may also obtain a trademark application and obtain a trademark registration or name registration proposed for future use by the applicant.
Step2: Joint owners
In the event that two people decide to apply for a trademark, their names must be mentioned in the application.
Step 3: Ownership Firms
When applying for a trademark in India of a patent firm the full name of the applicant must be stated. Business name or ownership is not accepted.
Step 4: Co-operative
When you apply for a partner company logo the names of all the partners must be mentioned in the application. In the event that a partnership company involves a child in the partnership the name of the child-caregiver should be mentioned.
Step 5: Limited Partnership
In the case of a Limited Liability Partnership, the application must be in the name of the LLP. LLP is an integrated theme where partners have their own identities. Partners cannot be an applicant as the trademark is an LLP.
Step 6: Indian Company
In the case of a Private Limited Company and an individual Company or a Public Limited Company applying for a trademark registration application must be made on behalf of the company. As they are all integrated entities used they cannot be made a Director. Or maybe signed and submitted by the Director or any other official authorized by the officer.
Step 7: Foreign Company
In the event that a foreign company applies for a trademark in India, the application must be made on behalf of the business as it is registered under a foreign country. There will be a discussion on registration type, country, and law.
Step 8: Trust or Organization
In the event that a trademark application is made on behalf of a trust or the public, the name of the presiding officer or chairperson, or secretary representing the trust or the public must be mentioned.
Types of trademark registration in India
Different types of trademarks can be registered as a trademark, a trademark, a trademark, a trademark, a trademark, a trademark, a trademark, a trademark, and a trademark. Although there are many brands the purpose is to enable consumers to identify the goods and services produced by certain manufacturers or service providers. Let’s take a look at the different types of trademark registration in India.
Trademark is used on a good item or product instead of a service. A brand mark helps to identify the origin of the product and helps maintain the reputation of the business. Trademark applications submitted under trademarks 1-34 may be called trademarks as they represent the goods.
The Service Mark is similar to a product mark but the service mark is used to represent the service rather than the product. The main purpose of a service mark is to help distinguish the owners of other similar services. Trademark applications are classified under sections 35-45 which may be termed as a trademark as they represent the services.
Collection Symbol An integrated logo informs the public about the distinctive features of a product and service used to represent a collection. A group of people may use this symbol to protect shared goods and services. The holder of the marks may be an organization or a public entity or a Section 8 Company.
Authorization Marker is an indicator of product origin, material, quality, or other specific information provided by the owner. The main purpose of a certificate is to bring product quality and product assurance to customers by demonstrating that the product has performed standard tests to ensure quality. Certificate marks are often seen on packaged food, toys, and electrical products.
Shape Marker Shape is only used to protect product design so that customers find it relevant to a particular manufacturer and prefer to purchase the product. The shape of the product can be registered once the product has been identified.
Pattern Mark The pattern marks are those of products with a specific pattern that emerges as a distinguishing feature of the product. Patterns that fail to stand out as notable marks are rejected. For a pattern mark to be registered it must stand out as unique.
A sound Symbol is a sound signal that can be associated with a product or service from a specific supplier. Audio logos are also called audio mnemonics and appear at the beginning of the end of the sale. India’s most famous soundtrack is the IPL song.
Documents Required to Register a Trademark
Trademark registration in India is a process that has to be done under professional guidance. AK Taxes have helped more than 50,000 trademark applicants to register their trademark.
The list of documents required for trademark registration is:
- Proof of ownership of the trademark
- PAN
- Passport.
- Aadhar Card
- Import Certificate (In the case of a Limited Private Company or LLP)
- Registration of Udyog Aadhar
- Logo if applicable and available
- Proof of address
Trademark Registration Process
Here we have a simplified process for obtaining trademark registration in India.
Benefits of trademark registration
Why is it necessary to get a trademark registration?
There are a few reasons to get a trademark registration but many are required for all companies and willing entrepreneurs as it serves as an important asset of the company. There are many benefits to obtaining a trademark registration and using the resources. Here are some of the benefits.
Intellectual Property Protection
Trademark registration provides legal protection from misuse or a copy of a registered company name or logo. The owner of the mark acquires trademark ownership which is not legally supported in any court. Registering a trademark allows a trademark owner to obtain national trademark ownership which cannot be legally supported in any court.
A trademark registration gives official notice that the trademark already owns the trademark.
Powerful Deterrent
The trademark owner acquires the right to publicly advertise the brand name as a registered trademark that warns others and prevents them from protecting infringement. Once a trademark is registered the trademark will appear in search reports which will discourage other applicants from continuing to register the same or similar trademark.
If you are the first to register a Trademark it means that the National Trademark office in New Delhi will reject a registration for any trademark that appears confusing to any other trademark.
Official Remedies
With the acquisition of trademark registration in India, a trademark owner can repay up to three times as much damage to the audience. The owner gets the presumption that he is the legal owner of the mark. Registering a trademark gives the owner the right to sue anyone who misuses the token to sue in any court. Unregistered Trademark on the other hand is open to suits
Important things to know before getting a token registration
With the advancement of technology, trademark registration can now be done online. AK Taxes have helped thousands of businesses across India.
Step 1: Symbol Search
Token Search: It is required that before starting, an entrepreneur must seek the availability of a token. Doing a trademark search will provide information about the same or similar mark included in the Trademark Registry. Our article on How to Do Trademark Research? He will guide you accordingly.
Step 2: Trademark Installation
After completing the Trademark search, a trademark registration application can be submitted to the Trademark Registrar. However, the application must be made in the prescribed manner and completed with the prescribed fees. The application can be made online or at any of the five Trademark Registry offices that have jurisdiction over the state. Visit the AK Tax website to continue registering your trademark online.
The application for registration of a trademark must contain the following information:
- Logo or Trademark
- Name and address of the trademark owner
- Trademark Used from that date
- Description of goods or services
Step 3: Vienna Codification Process
The Vienna Classification or Vienna Codification, established by the Vienna Convention (1973), is an international system of symbolic elements of marks. Once the trademark registration application has been submitted, the Trademark Registrar will apply the Vienna division to Trademark based on the symbols of the symbols. While this work is in progress, the status of the trademark application usually displays as “Posted Vienna Codification.”
Step 4: Token Test
Upon completion of the Vienna Codification, an application for trademark registration will be submitted to an official in the office of the Registrar of Trademarks. The official will then review the trademark application with accuracy and issue a trademark report. An official may approve a trademark application, approve the publication of a trademark journal, or object to a trademark registration process.
If the application is rejected, the applicant may appear before the brand officer and face appeals. If the official finds the reason satisfactory, the Trademark will then be approved for publication of the trademark journal. If the reasons are not satisfactory, the applicant has the right to appeal the decision of the office before the Intellectual Property Appeals Board.
Step 5: Trademark Journal Publication
If the Trademark Registrar accepts the application for registration, the proposed Trademark is published in the trademark journal. This journal is published weekly and covers all trademarks of the Registrar. Also, the public may oppose the Trademark Registration if they think the registration may harm them. If there is no objection within 90 days of publication, the mark will be registered within 12 weeks.
If the application is against a third party, the hearing will be called by the Trademark Hearing officer. Both the applicant and the opponent have the opportunity to appear and give their side of the defense, respectively. Based on the proceedings and the evidence presented, the Marking Officer will determine whether the application should be approved or rejected. However, the decision of the Obedient Officer may be challenged by the rising official.
Step 6: Trademark Registration
If there is no objection or objection, only the trademark manuscript and trademark registration will be amended and issued. Only after the issuance of a trademark registration certificate, a trademark is considered a registered trademark of the owner, which grants the trademark exclusive rights. ® Symbol can now be added to a logo or Trading System.
Frequently Asked Questions
Any name, name, device, label, numbers, or color combination that can be represented by images can be registered as a trademark. The trademark to be registered must also differ from the services or goods proposed to which it is registered.
Any trademark or registered trademark of any existing trademark may be registered. Also, marks that may cause fraud or confusion, or annoyance in any way may not be registered. Place names, common names, common trade names, and common abbreviations cannot also be registered as a trademark.
In order to establish the goods or services the trademark will represent, the trademark registration has a list of 45 classes in which all types of goods and services are represented. A trademark application must specify the type of goods or services the trademark will represent under one or more categories. Trademark registration is granted to that particular class of goods or services.
No, any trademark registered in India will only work in India. However, some countries use trademarking in India as a basis for registering a trademark in their country.
Yes, a foreigner or foreign organization can apply for the registration of a trademark in India.