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What is trademark registration

What is Trademark Registration?

A trademark is a visible sign, such as a word, name, number, label, vibrant colors, or other combination of letters and numbers, that is used by companies to differentiate their services or products from similar goods or services generated by other firms. The Controller General of Patents, Designs and Trademarks, Ministry of Commerce and Industry, Government of India, keeps track of trademarks in India. Trademarks are registered under the Trademark Act of 1999, which gives trademark owners the right to sue for damages if their trademarks are infringed upon. Registered trademarks are a type of intellectual property that is used to protect a company's investment in a brand or symbol. A corporation must register its selected trademark since it will serve as a unique identifier.

Proposed trademarks that are identically or nearly identical to an existing registered trademark are not eligible for registration. However, a trademark cannot be registered if it is insulting, generic, untrustworthy, not unique, or contains expressly protected insignia, among other things.

The R symbol can be applied after the trademark registration process is completed, and the registration will be valid for ten years. Trademarks that are about to expire can be renewed on a regular basis by filing a trademark renewal application for an additional ten years.

In Delhi NCR and all other Indian cities, trademark registration is handled by KCS. We provide high-quality trademark services such as trademark registration, trademark search, trademark renewals, and patent registration, among many others.

Types of Trademark Registration? Types of Trademark registration in India

Product Mark:

A product mark, as opposed to a service mark, is put on a thing or a product.

Service Mark:

Similar to a product mark, a service mark is used to distinguish services as opposed to products.

Collective Mark:

The collective mark alerts customers to the distinctive qualities of the goods and services being utilised to represent a group.

Certification Mark:

It is a label that the business owner issues to describe the product's provenance, composition, calibre, or other specifics.

Shape Mark:

The sole purpose of the form mark is to protect a product's shape so that consumers would link it with a certain manufacturer and choose to purchase it.

Pattern Mark:

The pattern markings apply to goods with a particular designed pattern that acts as their identifying feature.

Sound Mark:

A sound mark is a sound that may be used to identify an item or service as coming from a certain vendor.

What Are the Advantages of Registering a Trademark?

It safeguards commercial goodwill.

The registered owner of a trademark has the right to generate, establish, and preserve the goodwill associated with his or her products or services. The owner has the power to prevent other businesses from using his trademark without his permission. Suing the infringer for distortion of the brand name and claiming damages for any harm is also an option.

Promotes products and services.

By registering a trademark, a company's, product's, or service's face is created. This makes it easier to differentiate and create a brand. Because most businesses get their identity from their trademark, it plays an important role in branding and raises brand value.

Legal Identification

In the event of infringement, the owner of a registered trademark has legal recourse. If a trademark is not registered, the owner of the original brand name may be without recourse.

The Production of an Asset

In India, trademark registration produces an intangible asset. To benefit the firm or the individual proprietor, Protected TM can be sold, delegated, franchised, or economically contracted.

Documents Required for Trademark Registration -

Applicant's Proof

Applicant's PAN Card and Proof of Address registration certificate (other than an individual applicant)

The name of the company and its logo

To register a trademark, the logo must include the brand name.

Affidavit of the User

A user affidavit must also be filed if a specific user date is to be claimed.

Actual Proof of TM Use

Documentary proof, such as receipts, registration certifications, and other documents bearing the brand name, should also be produced to claim certain user dates.

MSME/Start-up Appreciation

A certificate of registration under the MSME or Start-up India scheme can be provided by a partnership business or a corporate body (other than a person) to get a 50% discount on the government cost.

TM Signed Form-48

The TM-48 is a legal document that authorises your advisor to apply for trademark registration on your behalf. LW specialists will prepare the papers for signing.

Documents required for trade mark registration

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The Step-by-Step Procedure for Registering a Trademark in India

Step 1: In order to find a trademark, you must first do a trademark search.

Before commencing the documentation of a trademark registration application, it is required that a trademark/Brand search be conducted to identify all trademarks that may be compared to one another; identical or existing trademarks, as well as their capacity in the recorded application. In a trademark search, it can determine the distinctiveness. Any objections to a distinctive trademark must be avoided. You can finish your search by visiting the "Ipindiaonline.gov.in" website.

Step 2: preparing an application for trademark protection.

After finishing the trademark search, the applicant will be required to file a trademark application for your company's logo, name, and brand. You have the option of filing and submitting a trademark application both online and offline. Submit the Trademark Application Form to the Trademarks Office's registrant.

Step 3: How to Register a Trademark.

For trademark registration, you must pay the specified price, which might be as much as Rs. 45,000. After obtaining trademark registration, the registration holder will become the legal owner of that registered trademark, and no other person, corporation, or company will be able to use it without the consent of the trademark's owner. There is no legal action that may be taken against someone who uses a non-registered trademark.

Step 4: Establish a Company Brand.

It assists you in establishing your organization's identity, ensuring that no other company or individual may sell products or services using the registered Trademark without the owner's permission.

Step 5: Identifying the Customer.

Through trademarks, the corporation is able to establish a strong identification among its consumers, ensuring that the client has no trouble finding the goods.

Step 6: Safeguard Your Company's Image.

The most significant benefit of a trademark is that it protects a firm's brand and identity. If a company has registered a trademark, you may take legal action against it if it is used by other merchants.

Frequently asked questions

Trademark registration is the process of registering visual symbols such as words, names, devices, labels, numerals, and so on. In India, trademark registration assists the applicant or trademark owner in securing his logo or trademark. Trademark registration also benefits from the avoidance of trademark duplication.

The simple method for obtaining trademark registration is first "selecting a name, then doing a trademark search, and then filing an application for trademark registration." Then fill in the relevant documentation, such as the trademark's name or address. The trademark is then published in the Indian Trademark Journals once the application has been assessed. Finally, the trademark registration certificate is issued.

Once your business has grown to a certain degree, registering your logo provides a number of benefits. Investing a little time and effort will allow you to establish your authority over the logo (or even the language, sound, and images) in court, as well as numerous companies with comparable company types, which will be beneficial to any investor. The comparative name remains the same as before.

The key to trademark registration in India is to separate the two elements, which can either belong to the same category of trade/business or can be separated. Trademark registration allows the owner of a business or corporation to get a lot of power and benefits.

Infringement of a trademark or service mark is defined as the unauthorised use of a trademark or service mark in connection with goods or services.

Trademark registrations are specific to the goods or services described in them. The registrations might be for a specific product or service. They are also created under the class of products or services that they represent. As a result, the trademark registration will be valid for the whole category of products or services that it represents.

Yes, the authorities require applicants to use a Class III Digital signature to validate all of the papers they provide, including the trademark registration application. Our professionals will assist you with e-verifying all of your documents.

It is only good for a certain amount of time, namely 10 years. However, it is infinitely renewed. You just need to pay the trademark renewal charge once a year.

After the application is registered with the government, the trademark department assigns a TM number within 1-2 days of filing. After that, you can use the trademark symbol (TM) with your brand.

A trademark is an intellectual property that is awarded to a term or logo, whereas copyright ensures that your original material, such as books, music, films, songs, or software, is protected.