Trademark Registration Process
A trademark is a visual symbol, which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services originating from a different business. A trademark is the most valuable asset held by a business.
When a business is successful, others will follow not only the ideas and market strategy, but very frequently they will also reflect the trademarks, product packaging, distinctive markings, etc. used by a successful company. Businesses with especially successful products or services spend large amounts of time, effort and money building, setting and promoting their unique identities.
Choose name and logo, the most important aspect of trademark registration process
It is very difficult task because generally all the general name are already taken. One thing to keep in your mind When you are choosing the name is that your name has to be unique and not similar or matching with the other registered name, as that would attract rejection by the authority or objection by owners of similar trademark holders.
Making the trademark application
Now that your name is finalized upon, fill in the trademark application i.e. Form- TM-A. The application fee Rs 4,500 for individuals, MSME organization and start up and Rs 9,000 for all other company type.
Along with the application, you will need to submit a couple of supporting documents:
- Logo, if applicable.
- Identity proof of the trademark owner
- Incorporation certificate,
- Board Resolution, if company or LLP
- Power of Attorney ( If you are apply through Consultants or Agent)
- User Affidavit
Filling TM-A form and uploading the required all above documents submitted. After submitted the form check your whole form carefully if all things is ok then do payment of the fee. After paying the fee acknowledgement of the application is issued immediately.
And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!
Examining the brand name registration application
After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands.
Publication in the Indian Trade Mark Journals is the last waiting period in the trademark registration process
After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.
Issuance of the trademark registration certificate
If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application And issues a Certificate of Registration under the seal of Trademark Registry.
Trademark The whole process of registration of a brand name usually takes anything between 8 to 16 months. On registration of the mark, the ® symbol can be used next to the mark to put the public on notice that the mark is a registered trademark. For the trademark legal protection will be valid for a period of ten years. Renewal of the trademark can be done before expiry without any penalty for a further ten years by the owner.
Different Trademark Symbols
TM symbol signifies that the trademark is not registered yet but the application has been filed with the authority to gain exclusive rights over the usage of the symbol/logo/word in context. You can only use the TM symbol even if you have initiated the process of registering your trademark, not the “R” sign.
The “R” symbol clearly denotes that the trademark has been registered . Once the registration of your trademark has been approved by the appropriate authority and has been published in the Trademark Registry you can use the ® symbol.
The © symbol stands for copyright and is a reserved right notice concerning any work that can be copyrighted. Copyright protection is available for original works of authorship that are fixed in a tangible form, whether published or unpublished. The categories of works that can be protected by copyright laws include paintings, literary works, live performances, photographs, movies, and software.
SM or Service Mark is a symbol used with trademark applications that are filed under class 35- 45. Some applicants prefer to use TM symbol for trademark applications filed under class 1-34 and SM for trademark filed under class 35-45. Using the TM symbol for all classes or using a SM mark for trademark application under class 35-45 are both acceptable.
You can Either Follow the trademark registration process mentioned above or you may skip all the trademark registration process and Contact Us Here to easy & quick Trademark Application
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