Trade Mark Registration- Overview
Trademark is a legal term which is popularly known as “Brand Name”. A Trademark means any symbol, word, name, device, numerals or combination of both, that can be depicted graphically. A trademark is a unique identity which distinguishes your goods or services from others. The trademark which is registered for services are termed as service marks.
A Good Trademark is the one that is easy to speak and remember, catchy but does not lose its uniqueness and distinctive character.
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A registered trademark is defined as your business’s intellectual property/ intangible asset like a goodwill. It protects the investment made into earning goodwill and creating the credibility and loyalty among your customers.
The registration provides you the right to take action against others who try to copy your trademark and prevents others from using a similar trademark to the one you have registered.
Trade Mark Registration Package
- What we provide
- Documents required
- Free Consultancy
- Free Search Report
- Application Copy
- TradeMark website status after Application
- Logo of the Trade
- PAN and Aadhaar of the Applicant
- Mobile & Email ID
- Registration Documents of Company/Firm
- TradeMark Name
- Products/Service Details
- Slogan (If any)
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.
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.
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.
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.
What trademark applications are usually rejected?
If your trademark seems identical to an existing application, hurt religious sentiments, contains geographical names, or common words, it is subject to rejection. It would also be rejected if it is confusing.
When can I use the ™ symbol?
Once you file the application and receive an acknowledgement, you can start using the ™ symbol. And once the registration process is complete, you are eligible to use the ® symbol.
What if my trademark is registered, but under a different class?
If your trademark has already been registered, but under a different class, you're still in luck. Unless the brand is too well known like KFC or Mercedes, your application is likely to be approved.
What if someone else has a similar word trademarked?
You obviously can't get the word, but not all is lost. What you can do is design a unique logo for your business and include the name in it. So, there is a way out, but it is best to have a unique trademark that is not identical in any manner.
How long does it take to get trademark registered?
It can take approximately between 6 months to 1 year for your trademark to get approved. However, you can start using the ™ symbol within few days of applying if we can get all the details and documents at the earliest.
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