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Trademark

Trademark

Trademarks are frequent names, words, phrases, logos, symbols, or combinations of these to distinguish the goods and services of one company from those of rivals. To increase consumer awareness of a company's products or services, a trademark may also be used in marketing campaigns. A trademark is the intellectual property of the person who owns it, and ownership of trademark results from its commercial use.

Trademark Registration

Trademark registration is necessary for improving a company's good name and reputation. Also, this registration guarantees the distinctive placement of goods and services, allowing firms to increase their profits. Generally speaking, trademark registration acts as a legal tool that completely protects a company's intangible assets, such as its brand name and logo, against potential infringement.

Obtaining trademark registration is a laborious process given the number of requirements specified in the enacting Act. It is currently governed by the Trademark Act of 1999, which lays out several laws relating to registration, eligibility requirements, and the kinds of rights that the owner can access.

Benefits of Trademark Registration

Some of the Major benefits of Trademark Registration are:

  • Unique Rights
  • Develops faith and goodwill
  • Product Differentiation
  • Recognizing the quality of the product
  • Making of an Asset
  • Symbol Usage
  • Affordable 10-Year Protection
  • Registration of Trademarks Worldwide
  • Draw in Human Resources

Document Required for Trademark Registration Online

Some of the Mandatory Documents Required for Trademark Registration Online are:

  • Candidate's name
  • Kind of business
  • Goals for the business
  • Brand name, logo, or slogan
  • Registration information

The necessary paperwork is:

  • form 48 was signed
  • Identification and residence verification for the signatory
  • Commercial evidence (depends on the type of business)
  • MSME registration certificate and Udyog Aadhar (optional)

Detailed Trademark Registration Process

The steps Included in Trademark Registration Process are:

  • Run a trademark search Many business owners undervalue the importance of a trademark search. A unique brand name or logo in your head is not a good enough excuse to avoid a TM search. This helps you become familiar with similar trademarks that are already in use and it paints a clear picture of where your mark stands. Also, it gives you a warning against trade litigation.
  • Filing Trademark Application You can proceed to register the chosen mark or logo if you are certain that it is not in conflict with anything else. The Trademark Registry India must receive the required Trademark application as the first and most important stage. The applicant now has the option of filing electronically. The official portal generates an acknowledgment receipt for future use after receiving the said application.
  • Application and Document Verification The application examination procedure begins after application filing. A designated authority known as an examiner conducts it. Verification could take between 12 and 18 months.

    • The application examination procedure begins after application filing. A designated authority known as an examiner conducts it. Verification could take between 12 and 18 months.

    • The trademark in question will end up in the Trademark Journal if it is accepted without conditions.
    • If not accepted unconditionally, the requirements that must be met or the objections that must be addressed will be noted in the examination report and the applicant will be given one month to do so. The mark in question will be published in the Trademark Journal if the examiner deems the applicant's response sufficient.
    • If the response is not accepted, the applicant will have the opportunity to submit their case during the hearing. If the applicant provides a suitable response, the examiner may provide his or her permission and publish the relevant mark in the Trademark Journal.
  • Trademark publication in the trademark journal Inviting opposition from third parties is made easier for the authority by publishing the mark in the trademark journal. if no objections are voiced within the time frame specified. The authority may give the go-ahead to continue. On the other hand, if there are any complaints about the mark, the authorities would hold a fair hearing.
  • Registration of a trademark granted by the registrar Lastly, the registrar issues the applicant with the registration certificate, which is good for ten years. On the certificate, the registrar must affix the trademark office seal.

Benefits of Choosing Biat Legal as a Trademark Registration Consultant

Some of the Benefits of Choosing Biat Legal as a Trademark Registration Consultant are:

  • Expertise in Multiple fields Like intellectual Property rights including Trademarks, Copyright, and Many More
  • Many satisfied clients from around India
  • The best customer service for any of your inquiries
  • without having to leave the house, a simple online process
  • With years of experience and counting.

Some of Our Popular Serving Areas as Trademark

Delhi

Mumbai

Pune

Bangalore

Some of the FAQ Related to Trademark Registration

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The government charges Rs. 9000 per application and per class for businesses looking to register trademarks. The cost of registering a trademark with the government is Rs. 4500 per application and per class for an individual. These are the charges charged by the government as Trademark Registration Fees
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A Trademark certification mark is a label applied to a product to indicate that it conforms with all laws and regulations that may be relevant. It enables a company to show customers that its products are of a high grade, complies with all laws, and have all the necessary documentation.
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To avoid violating the property rights of others, the intelligent Trademark Search will assist you in determining whether the mark you wish to register for goods or services is already either in use by another business or is legally accessible. Your mark won't be recorded if two students in the same class obtain the same grade
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Trademark Types available for Trademark Registration are:

  • Product Mark
  • Service Mark
  • Collective Mark
  • Certification Mark
  • Shape Mark
  • Pattern Mark
  • Sound Mark
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There are 45 different trademark classes, and each class is used to classify different products and services. You must be very careful when choosing the classes since they will affect whether or not your trademark registration is valid for the goods and services offered by your company. Be sure you can file for a trademark online under all the relevant classes if your company offers a variety of goods and services that fall under various classifications.

In India, some of the most well-liked trademark categories are:

  • Electronics and computer software fall under Class 9,
  • Clothing falls under Class 25,
  • Business management and advertising fall under Class 35,
  • While education and entertainment fall under Class 41.

If you fall into one of these trademark classifications, the competition for a trademark may be more intense.

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Numerous facets of your brand's image might be trademarked. When registering a trademark online, it's crucial to consider which aspect of your brand stands out to your target market. If you wish to register a trademark pick those features.

Name

  • Product Name
  • Company Name
  • Name/Surname of the Person
  • Abbreviations

Symbols/Logos

Tagline

Alternatives

  • Color marks
  • Sound Mark
  • Smell Mark
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Anyone or any company may submit an application for a trademark for any Name, Word, Number, Picture, or Sound they claim to be the owner of, including: Person, Business, Owner, and Society
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For the first ten years, it is valid. Following that, the trademark owner must obtain a renewal every five years.
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Trademark registration is important and necessary for a company because:

  • It displays your distinctive personality.
  • It helps to build the trust and loyalty of your customers.
  • It offers legal protection for your brand's identity.
  • It protects against unauthorized use of your brand's identification, which is a benefit in and of itself.
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The misuse of a trademark or service mark associated with products or services is known as trademark infringement.