File trademark to protect your brand name / logo
Starting At: Rs. 1,499 + Govt. Fees
Procedure For Trademark Registration
What can be registered as a trademark?
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubhai Ambani can be trademarked.
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound marks in audio format. For example, the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
What Is Included In Our Package?
Name search & approval
Same day Filing
Advantages of Trademark Registration
Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
A registered trademark owner has the legal right in case of infringement i.e you have a doubt that your trademark is copied by someone else, you sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
Creation of intangible asset
The trademark can be a valuable asset in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.
Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask legal protection upon the act and even sue the person or the company who made a false usage of the trademark.
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Applying the registered symbol
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhances the brand value.
Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Steps In Trademark Application
Step 1 : Trademark search (1 day)
LegalRaahi checks trademark availability or checks brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at legalraasta.com/trademark-search. Because being exclusive does matter. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers the authority to file a trademark application on your behalf.
Step 3 : Trademark application submission (1 day)
Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark differently at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademark journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
If the object has been filed on your trademark and the opposition doesn’t agree with your response, then a hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
If a Trademark is registered and the status is shown as “Objected” this indicates that the authority has received 1or more objections on the trademark, this can be because of duplication of existing registered trademark or else the trademark will be offensive even there are various other reasons for trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you require to give proper evidence and prove distinctive of your Trademark.
In Section 11 the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When the objection is done, the candidate requires to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.
Just applying for trademark registration won’t work for the long-term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.
Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
- Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
- Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
- Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal points to a lapse of legal protection in Brand name.
- Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.
Renewal Process and Forms
- The application of renewal is done in form TM-12
- The application can be executed by either the registered owner of the trademark or an agent approved by him.
- You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
- Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.
Validity of a registered trademark
Once a trademark application is registered in the TradeMark office or online, the candidate can begin applying the TM symbol on products or the services, and if the trademark is registered then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months by Form TM-12 Renewal of Registration from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
Important things know about the Online Trademark Registration
Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.
VIENNA codification process
In the trademark process, Vienna codification is a significant step. It is an international classification that is provided once you fill the application form. At this point, your application for registration will be expressed as – Sent for Vienna codification.
Examination of Trademark
After the trademark application is provided for the Vienna classification, the trademark will be considered by the Trademark officer following specific guidelines and procedures. The officer may accept or deny the application as per his/her choice.
Hearing before Trademark registrar or officer
If the trademark application is denied, the candidate can go for a hearing. If the officer is satisfied with the given documents then the application will be transferred. If the officer is not satisfied, once again the application gets denied. If he/she is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be reached.
General Trademark Protection Solution
We offer a complete suite of solutions for the protection of your trademark in India. Before application of the mark and post-application of the trademark, Legalraasta can assist you with consultation on protecting your trademark. But, please note that the final authority for registration of a trademark holds only with the Trademark Registrar, and LegalRaasta or its Employees can at no-stage guarantee registration of a trademark.
Before applying for a trademark, we can assist you to do a trademark search. Under the Trade Marks Act, the same or related trademarks cannot be registered. It is simple to learn an identical trademark from a trademark search. Though, the test for connection is applied by a Trademark Examiner on a case to case basis. So, Legalraasta or its employees cannot predict which trademark applications will be disapproved.
In case a trademark application is disapproved by the Trademark Examiner, a reply can be submitted to the objection proposed by the candidate with facts and points supporting the registration of the trademark. Based on the reply, the Examiner can call for hearing or allow the trademark filing to continue or refuse the trademark application
Before a trademark application being registered, the Trademark Registrar will publish the trademark to be registered in the Trademark Journal along with this allow 90 days for any person to raise opposition.
Certificate of Registration
When you will pass by all these stages, and if the application is approved then you can start using the ® symbol which means that the Trademark has been registered. The entire procedure depends on the government which may take 1-2 years.
It is illegal to use a trademark. In case any individual is found practicing these will get a notice for a to cease of that Trademark.