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Trademark

Trademark Registration Starting @ 1499

Register a trademark to protect the distinct identity of your logo, slogan and brand. Trust Corporate Avenue, a leading online service for online TM registration anywhere in India

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Register Trademark Online

Building a brand requires a significant amount of effort and money. The logo, motto, product shape and packaging, sound, fragrance, colour schemes, and anything else that gives your brand a unique personality should all be under your exclusive possession. Trademark Act, 1999 allows you to register a trademark in India. It clears the way for sole ownership rights and forbids others from using it, which is advantageous to the registered mark’s owner. It consists of numerous procedures for confirming the mark’s original owner. In India, trademark registration is undergoing a lot of new changes. Take into account the fact that one can now register even a distinctive sound through the trademark for unconventional marks programme.

BENEFITS

Why Should You Register a Trademark Online?

Excellent Business Opportunity

A product or service being sold under a registered trademark helps in developing trust, security, quality, and goodwill in the minds of customers.It gives you an individual identity when linked to other sellers.

Legal Protection

A registered trademark/ trademark certificate proprietor has the legal right in case of infringement, that is you ask that your trademark is repeated by someone else, you sue them for copying your logo, brand, name, or slogan. Online trademark registration provides you a legal protection from copy cats.

Exclusive rights after Logo registration

The owner of a registered trademark will be able to have exclusive rights over the trademark. Applying the registered symbol ('®). The same trademark can be used by the owner for all the products that fall under the same classes. Giving the exclusive rights on the product or services also allows the owner to hinder any sort of illegal use of the trademarked thing.

Who can apply for a Trademark?

Documents Required

List of Documents that are required to proceed with this service package are

Proof of Applicant

PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)

Brand Name & Logo

The logo must contain the Brand Name applied to register a Trademark

User Affidavit

If a specific user date is to be claimed, the user affidavit is also required to be submitted

Proof of TM Use

To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided

MSME / Start-up Recognition

Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee

Signed Form TM - 48

TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature

Frequently Asked Questions

Should the trademark be filed in the individual’s name or companies name?

Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.

What cannot be registered as trademark?

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

Once registered for what period, a trademark is effective? Can a trademark registration be renewed?

The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

How long does it take for the trademark to get registered?

Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.

Will the trademark be valid outside India?

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

What is the process of getting a Trademark registered by the Ministry?

Trademark registration process in India consists of the following main components before the Trademark is granted:

  • Trademark application in the right class, with all the correct details.
  • Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
  • Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
  • An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
  • Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
  • “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
  • Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.

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