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About This service

A trademark is a word, symbol, design, combination of letters or numbers, or other device that identifies and distinguishes products and services in the marketplace. Once developed through advertising, marketing, trade shows, and other means, trademarks become one of your most valuable assets. Your customers identify your firm with your trademark
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
Anything that distinguishes the products and/or services of a company and is capable of graphic representation can be protected as a trademark. To cut a long story short, you can register much more as trademarks than you probably imagine. For example:
Wordmark
Figurative mark (Logo)
Combined word and figurative mark
Slogans
Colours
Abbreviations/Initials
Shapes
Sounds
For maximum protection, more than one trademark registration may be necessary (for instance, for a word mark and a separate device mark). We will be pleased to advise you about all options relevant to your company and its trademarks.

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Includes/exclude

in service

  • Trademark Search
  • Preparation & submission of trademark application
  • in case of objection raised by any person then Trademark Hearings will be held before registrar, attending and defending hearing is not included in this Plan(separate fees will be charged per hearing).

Whom

it’s beneficial

  • Any person or business claiming to be owner can apply for a trademark like : individual, company, proprietor, soceity etc...
  • It is preferable that you apply for the trademark as an individual. In case of proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

Process

  • Purchase Plan
  • let us Search a trademark
  • let us create application for trademark
  • confirm the application
  • let us submit a application of trademark to the department
  • If no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal with in next 6 months

Information/Documents

needed

  • Identity proof of authorized signatory in case of individual
  • Proof of registration if applied by other then individual
  • Signed Form-48 (filed copy will be provided for sign)
  • Logo and user affidavit
  • The other documents needed shall depend on the service at a particular point of time. The same shall be communicated to you by our experts based on your requirements.

Other Information

The different types of marks are:

  • Word MarkA Word mark consists of word and combination of words, numbers, and symbols in standard Form which can be distinctive. For Example IBM
  • Device MarkDevice mark means logo or label or word or combination of words used with specific style or format or shape. For Example Google
  • Colour MarkColour mark consists of a specific color or combination of colors to indicate the usage or origin of Goods or Services.
  • Three Dimensional Mark: It is used the where the product has a particular shape and it is well indicated in the three-dimensional mark.
  • Sound mark: A sound can be so distinctive to indicate something that’s why it becomes necessary to protect such sound mark.

A registered trademark has the power of enhancing brand value and creating a strong customer base because of the ownership and authority of the trademark aligned with the products and services offered. Also, acts as a supporting pillar in easing the legal matters with it’s rights; when such claims occur due to improper usage of similar marks.  The time taken by trademarks to get registered is 2-3 years, if it is not being opposed by a third party. Trademark applications are handled by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications. After the registration process is completed through various forms based on the nature of the trademark, it is necessary to track the status of the trademark online using the application number assigned. It takes around a year or more to register a trademark completely under the authorization of Intellectual Property of India.

FAQ’s

What are the different types of trademarks?

The different types of trademarks that can be registered are:-

  • Product Trademarks: Trademarks attached to identify the business’s products.
  • Service Trademarks: These are used to identify the services of the entity. For instance, the trademark for network and broadcasting service. They help advertise the service provided.
  • Collective Trademarks: These trademarks are registered in the name of groups or organizations. They help people associate members with the group during commercial activities.
  • Certification Trademarks: These are certifying trademarks which help people judge the quality, material used, origin and other specific features of goods and services.

What are the reasons to register a trademark?

 The Trademarks Act places no compulsion on registering a trademark; however, the holder obtains certain privileges after registering the trademark.

  1. Prevention of fraudulent activities by competitors.
  2. Distinctive identity for products and services.
  3. Creation of trust, brand value and goodwill in the mind of the customers.
  4. Acts as an Intangible Asset holding the rights to be sold and franchised.

What is the amount to be paid for registration of Trademarks?

 To complete the application process adequate fees should be paid and this is mentioned by the Department of Intellectual Property in India. The link below shows the requisite forms and fees as per the class of Trademarks:

Trademark Form and Fees : [source]

What is the procedure for renewal of trademarks?

 The registrar of trademark sends a notice to the Registered Owner of the trademark to get the trademark renewed before the expiration of Trademark. In case the Registered Owner fails to renew within the time limit, the Trademark can be renewed within further 6 months from expiration date after paying a late fee along with Renewal Charges if still the Registered Owner fails to renew then he gets extension of 6 more months in which he can restore the Trademark by paying Restoration fees.

What is the process of registration?

The process of registration of trademark is on the basis of ‘first to file’. Hence, it becomes important to file for registration soon.

The time taken by trademarks to get registered is 2-3 years, if it is not being opposed by a third party.

Trademark applications are handled by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications.

Branches for these offices are available in Mumbai, Kolkata, Ahmedabad, Delhi and Chennai. The application must be filled as per territorial jurisdiction.

To register a trademark in India the following steps must be followed:-

  1. Select a trademark agent in India:
  2. Determination of the eligibility and availability of the trademark:
  3. Completing the application form and filing:

Here is the complete and detailed procedure to follow the filing process online.

Trademark E-Filing :[source]

  1. Review by the trademark office:
  2. Preliminary approval and publication, show cause hearing or rejection of the application:

During a ‘show cause hearing’ subject to the facts an application might be rejected, accepted or accepted with certain limitations. If the application is rejected, the applicant can appeal at the Intellectual   Property Appellate.

6. Registration:

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