Trademark Registration Procedure
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Trademarks Registration - An Overview
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A trademark can be defined as a visual symbol that offers a distinguished identity to the business and makes your company, product(s), or service(s) stand out from the crowd. A registered trademark is essentially your business’s intellectual property. The trademark registration procedure benefits the business by protecting its investments and helps in imbibing trust and loyalty among your customers. The Trademark registration procedure also provides businesses with the right to sue whosoever tries to copy your trademark and prevents entrepreneurs from using a similar trademark to the one registered by you.
A trademark can be a culmination of words, numbers, labels or a colour combination used by businesses to distinguish their products/services from other businesses. It is worth mentioning that the Trademarks in India are listed by the Ministry of Commerce and Industry, Government of India under the Trademark Act, 1999. Registered trademarks are the intellectual property of the business used to protect the company’s investments and sue others in case of infringements.
Please note that during the trademark registration procedure, the proposed trademarks that are identical to an existing registered trademark cannot be registered. Moreover, a trademark is also not registrable if it is found offensive, unreliable, not unique or inclusive of specifically defended emblems. Once the trademark registration procedure is completed, it becomes valid for a period of ten years, after which it can be renewed by filing a trademark renewal application for another ten years.
Trademark Registration in Mumbai is done through Taxzona. We offer a multitude of trademark registration procedure services such as trademark filing, trademark search, trademark renewal, and patent registration, etc.
In this article, you will learn what is trademark, trademark registration benefits, trademark registration process and trademark registration in Mumbai.
What is Trademark?
It takes a lot of effort and resources in building a distinct business. Thus, it is extremely important that you as an entrepreneur possess exclusive ownership of the logo, slogan, packaging of goods and anything specific that gives your brand new identity. The Trademark registration procedure typically takes about 15-18 months to complete.
A trademark application can be made by private firms, individuals, companies and NGOs. Trademarking your company’s name can surely take a considerable amount of time, but, it is far better than facing infringement lawsuits from a larger brand.
What can you register as a Trademark for the Trademark Registration Procedure?
The trademark registration procedure is convenient as it allows you to trademark any of the below or even a combination of these:
- Letter
- Word
- Number
- Phrase(s)
- Graphics
- Logo
- Sound
- Smell
- A mix of colours
Trademark Registration Benefits
Given below are a few vital trademark registration benefits:
1. Unique Identity:
A product/service being sold under a registered trademark develops trust, credibility, assurance of quality and goodwill in the minds of customers. Thus, it gives your business a unique identity when linked with other sellers. Registering a trademark assures you that your product remains a company’s asset.
2. Legal Protection:
A trademark owner has the legal right to sue in case of product/services infringement. Thus, the trademark registration procedure offers legal protection to your service.
3. Global Filing of Trademark:
A trademark that has been registered and filed in India gains a permit to be filed in other countries as well.
4. Creation of intangible asset:
A trademark can prove to be a valuable asset for your company. Trademark registration makes it an intangible asset for your business that can be traded, franchised, distributed, renewed or commercially dealt with. This brings benefits to the company or the individual proprietor. A trademark is an intellectual property of the organization.
5. Infringement protection:
Registering a trademark ensures that the trademarked object is not used inappropriately by any other organization. In case the trademark is used by a third party without the permission of the owner, he/she can take legal action and sue the person or the company who/which has illegally used the trademark.
6. Exclusive rights:
The owner of a registered trademark enjoys exclusive rights over the trademark. In addition to this, the same trademark can be applied by the owner for all the products/services that fall under a particular class. Having exclusive rights to the product or services also allows the owner to prohibit others from doing any kind of illegal use of the trademarked product/service.
7. Applying the registered symbol:
Once the trademark registration procedure is filed, the company can use the registered symbol ®. This symbol provides evidence of the fact that the trademark is already registered and cannot be applied by another individual, company or organisation irrespectively.
8. Differentiating products:
Trademarking a product/service assists consumers by providing them with the assistance in finding out about the products feasibly. Through a trademark, the consumers can distinguish among a variety of products since each one of them possesses a separate identity.
9. Promotion of Goods and Services:
Registering a trademark creates a face of the company or the good/service. Trademarks play a vital role in promoting and enhancing the brand value of the organization concerned.
10. Advertising sales:
In general, the consumers of a business connect the name of the brand to the feature of the product or service they receive. This spreads in the market and helps to increase sales of a business by attracting more and more customers towards the product/service.
Trademark Registration Process
Here are the steps involved in the trademark registration procedure:
1. Choosing a Trademark:
The first step in the trademark registration procedure is to select a trademark. One shall choose a unique and distinct trademark that effectively represents your business. Also, one shall identify the class from among the class list. Class 1-34 are for goods and 35-45 are for services.
2. Mark Search:
After the selection of a trademark, the next step in the trademark registration procedure is to conduct a search to ascertain whether the trademark is already registered. This can be done through the official web portal of the Controller General of Patents, Designs and Trademarks.
3. Preparing Application:
On the official website of Intellectual Property India, you can file an application for one or multiple classes along with a collective trademark. Forgoing further with the trademark registration procedure, you have to fill in the form TM-A. After receiving the authorization letter, provided that no information in the trademark is incorrect or partial, form TM-A is filed and you will receive a TM application number. It is only after receiving an acknowledgement slip that you can gain authority to use the ™ symbol.
4. Government Processing:
Once the trademark registration procedure is complete, your application will be verified by the Registrar of Trademark. After verification, it is published in the Indian Trademark Journal. It is important to ascertain that there is no opposition to the trademark name. The government may object if your trademark name is found similar to other trademarks, if the trademark is in the same class, or the name is found to be obscene and hurts religious sentiments. In case no opposition occurs within a period of 90 days, the Registrar of Trademark moves towards the issuance of the Trademark Registration Certificate.
5. Trademark Registration Certificate Issuance:
If there is no opposition within a stipulated period of ninety days, the Registrar accepts the trademark application. At this very moment, the Registrar issues Trademark Registration Certificate with the Trademark Registry seal. This will officially confirm that your trademark has been registered and is now safeguarded against the Trademarks Act, 1999. The trademark registration will be valid for a period of 10 years from the date of the filing of the application. After this, you can renew the trademark again by following the same trademark registration procedure aforementioned. Unlike patents, trademark renewal can be done indefinitely.
Documents needed for Trademark Registration Procedure
Identity proof of Applicant (Aadhar/Voter ID Card)
- PAN Card of the applicant
- Address Proof of Applicant
- Certificate of Incorporation of business
- Brand Name
- User Affidavit
- Proof of Trademark Use
- MSME/Startup Recognition (if any)
- Signed Form TM – 48
At Taxzona, we provide you with the best suitable package for the trademark registration procedure. You will be assigned with a consultant for choosing the right TM class and guiding you with the trademark registration procedure. We will help you right from drafting the documents to the issuance of the Trademark registration certificate.
Our dedicated team of professionals is there to guide you for any major issues arising during your trademark registration process. To know more about 45 trademark classes, click here : trademark classes
For any other questions and queries, feel free to contact us:
Contact Us: +919820 4444 77
Email Us: taxzona@gmail.com
FAQ's
Under modern business condition a trademark performs four functions :
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
It can be removed on application to the Registrar on the prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark.
