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Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. 
Trustindex verifies that the original source of the review is Google. A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company. A trademark can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination thereof which identifies products or services of a particular source from others.
A trademark owner can be an individual, firm, company, society, or any legal entity. A trademark may be located on a package, a label, on an Invoice, or on the product itself.
An applicant can write TM on the logo/wordmark after filing the trademark application. The symbol ® which indicates that the trademark is registered can be used after successful registration of the trademark.
It is common for a business owner to use multiple trademarks for their goods, alongside a shared mark that represents their enterprise, known as a house mark. This helps indicate that the goods originate from the same business, ensuring consistency and reinforcing the brand’s identity. A trademark is valid for 10 years, after that registration has to be renewed for another 10 years.
In today’s competitive business landscape, a unique brand identity is crucial for distinguishing oneself from competitors and establishing a loyal customer base. Trademark registration plays a vital role in protecting this identity by safeguarding brand names, logos, slogans, and other distinctive signs.
Trademark registration is the process of securing exclusive rights to use a trademark, which is a unique sign or symbol that identifies a business or product. Registration provides legal protection against unauthorized use, infringement, and counterfeiting.
Trademark registration is essential for:
The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online. Registration for trademark in India is governed by the Trademarks Act, 1999 and the Trade Marks Rule 2017.
Individual, Single Firm, Partnership Firm, LLP, Company, Trust, NGO, Society, Hindu Undivided Family, government & semi government organizations.
Entity | Documents |
Individual | TM-48 (authorization of agent), Pan Card, Aadhar Card |
Single Firm | TM-48 (authorization of agent), Pan card, Aadhar Card, Trade License, GST certificate |
Partnership Firm | TM-48 (authorization of agent), Partnership deed, Partnership pan card, MSME certificate (if available), word/logo/etc. whichever to be applied |
Limited liability partnership (LLP) | LLP deed, Incorporation certificate, LLP Pan card, MSME certificate (if available), word/logo/etc. whichever to be applied. |
Company | TM-48 (authorization of agent), Company Pan card, Incorporation certificate, MSME certificate (if available), word/logo/etc. whichever to be applied. |
TRADEMARK REGISTRATION FEE STRUCTURE
TM Form | On what payable | Amount in INR | |
For Physical filing | For E-filing | ||
TM-A | Application for registration of a trademark/collective marks/certification mark/series of trademark for specification of goods or services included in one or more than one classes | ||
Where the applicant is an individual start-up/small enterprise | 5,000/- | 4,500/- | |
In all other cases (Note: Fee is for each class and for each mark) | 10,000/- | 9,000/- | |
The International Classification of Goods and Services, also known as the Nice Classification, is a system used to categorize goods and services for trademark registration purposes. It consists of 45 classes:
Goods (1-34)
Services (35-45)
This classification system helps trademark offices and applicants to:
– Identify the relevant class for a trademark application.
– Determine the scope of protection for a registered trademark.
– Conduct thorough searches for similar trademarks.
STEPS INVOLVED IN TRADEMARK REGISTRATION
1.TRADEMARK SEARCH
The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.
2.TRADEMARK FILING
After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.
3.FORMILITIES CHECK PASS
If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.
4.VIENNA CODIFICATION
This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
5.MARK FOR EXAM
In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.
6.OBJECTED
In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.
At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.
7.ACCEPTED & ADVERTISED
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.
8.REFUSED
If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
9.OPPOSED
In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
10.WITHDRAWN
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
11.REMOVED
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
12.REGISTERED
When there is no objections or opposition against a trademark within the stipulated period of Journal publication, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.
13.RENEWAL
Trademark registration is valid for 10 years and can be renewed indefinitely. It is safe to renew the trademark before expiry to avoid penalty.
Trademark registration is a vital aspect of brand protection and business growth. By understanding the importance, benefits, and registration process, businesses can secure their brand identity and reap the rewards of exclusive rights. Remember to conduct thorough searches, file applications promptly, and maintain registration to ensure continued protection.
A Trademark is a type of Intellectual Property that protects brand names, logo and other marks associated with a particular product or company.
Name and address of the applicant, Logo, Power of Attorney signed, Udyam Registration- in case of MSME business, Incorporation Certificate- In case of Company or LLP.
under the New Rules, an applicant is provided with the opportunity to request for expedited processing of trademark application. This can be achieved by paying fees of Rs 20,000/- (in case of Individual/Startup/MSME) and Rs 40,000/- (in other cases).
It is possible to register a trademark before starting a business.
No. trademarks are territorial; trademark registered in India is valid in India only.
Trademark registration is valid for 10 years.
Yes, if you want to use the brand name or logo.
A trademark filed through Attorney is safe as they are expert in the field and can tackle any situation that may arise during the registration process.
Trademark registrationcan be a game-changer for businesses of all sizes in India, unlocking a multitude of remarkable benefits. Picture this: In a highly business-competitive market, how would you make your business stand out in the crowd? By registering your trademark. It has the capability to take your business to new heights. By registering your trademark, you establish exclusive rights, preventing others from using similar marks that could confuse or dilute your brand.
This not only safeguards your reputation and customer trust but also acts as a powerful deterrent against copycats and counterfeiters. With a registered trademark, you gain the legal leverage to enforce your rights, seeking remedies and damages in case of infringement.
Moreover, trademarks are invaluable assets that appreciate over time, becoming valuable intellectual property that can be licensed, franchised, or sold, opening doors to new revenue streams. Don’t wait until it’s too late—register your trademark today and harness its extraordinary potential to elevate your brand, secure your market position, and embark on a journey of long-term success.
Since its establishment in 2011, ACS has emerged as the epitome of trust and excellence in the realm of trademark registration. With ACS by your side, you can rest assured that your trademark will be safeguarded, ensuring your brand’s legacy continues to shine brightly for generations to come. Trust the best and join our family of esteemed clients who have experienced the incredible rewards of trademark registration. Together, we’ll embark on a journey of timeless protection, unparalleled recognition, and unmatched success.
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