Trade Mark Registration- Overview

Many features of your brand image can be registered as a trademark. The features you need to consider are the ones that will make your brand stand out to the customers.

1. Name

Product Name: You can register a particular name for your products as a trademark. For instance, Apple’s iPod is a product name trademark.

Business Name: Registering a company name as a trademark is the most common trademark idea opted by businesses. For example, Bajaj.

Person's Name/Surname: If your name plays a significant part in generation of revenues, then you can even trademark your name. For instance, Shah Rukh Khan has trademarked his name.

Abbreviations: Abbreviations of a company or brand name can also be used for trademark. For instance, BMW.

2. Logo/Symbol

The true representation of a brand comes with a logo as it offers a visual representation. It is easier to recollect and recognize a logo than remembering a name. A suitable example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline that is unique for your brand, you can go ahead and trademark it as well. A tagline lets your customers quickly sum up what your brand is all about. For example, McDonald's 'I'm lovin' it".

4. Other Options

Colour: You can trademark a colour or a combination of colours. For example, Cadbury has trademarked the colour royal blue.

Sound Effect: Musical notes or sounds can be trademarked as well if we can prove that it's unique. The very popular Nokia has trademarked its tune.

Scent Mark: As smell has the strongest pull in our memory, scents can be trademarked as well.

There are 45 trademark classes and all the goods and services are allocated across these classes. You need to be very careful while choosing the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across varied goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.

Some of the popular trademark classes in India are mentioned below:

Class 9: it includes computer software and electronics,

Class 25: it includes clothing, apparel

Class 35: it includes business management and advertising

Class 41: it includes education and entertainment

Following is the procedure for Trademark Registration.

Step 1: Trademark Search

Once you give us the basic idea ofwhat you want to trademark and the industry you operate in, our experts will conduct a thorough search across the trademark database. This is to determine whether the mark you want to register is available or not.

Once you decide on an available trademark, we move to the next step.

Step 2: Class Selection and Document Collection

The next step is to choose the appropriate class(es) for your business. You need not worry about this as our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents.

Step 3: Trademark Application

Once you upload all the requisite documents, our team will proceed to verify them. Then the trademark application form will be duly filled on your behalf and submitted along with all the documents. Our team will ensure that your application is accurate and free from errors.

We will keep you updated throughout the process about the progress until the registration is complete.

Once we file the application and receive the acknowledgement, you can now start using the ™ symbol.

Step 4: Trademark Objection (in certain cases)

Sometimes the registrar might have some questions about your application. This is issued to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can assist you in crafting a strong objection response and guide you in submitting the right documents and supporting proofs.

Step 5: Trademark Opposition (in certain cases)

There is also a rare chance for a third party to oppose your trademark application. In that case, you will be required to submit a counter-statement to the Registrar within 2 months mentioning why the opposition isn’t valid. Based on your response the Registrar may either disqualify the opposition or call for a hearing.

At first, we would need you to provide us with the following details:

• Name of the applicant
• Type of business
• Objectives of business
• Brand/logo/slogan/symbol/ name
• Registration address

The documents required are:

• Signed Form-48
• Identification proof of the signatory/applicant
• Address proof of the signatory/applicant
• Proof of Business-Constitution certificates (depends on the type of business)
• Udyog Aadhar, MSME registration certificate (optional)

Here is why you should choose TAX SEVA KENDRA for your trademark registration:

• We undertake a thorough search of the TM directory.
• We draft the authorization letter, so we can file for trademark registration for you.
• Our experts will guide you with the classes you need to apply for your business.
• We take care of all the documentation and application process.
• We will notify you of the progress until the registration process is complete.
• Get all these services at a competitive rate. We offer free first consultation. Get solutions to all your queries and needs.