Trademark Registration with Bizhub
In simplistic words, Trademarks are exceptional unique signs that are used to identify goods or services from a certain company.
Trademark Application (1 Application 1 Class Small Enterprise)
In simplistic words, Trademarks are exceptional unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs, or even expressions. It is significant because it differentiates your products from the competition. It is associated with your brand or product. Trademarks are classified as intellectual property and therefore Settle My Tax helps to keep them protected from infringement. Trademarks and their rights are protected by the Trademark Act, 1999.
To get the protection of trademark rights one must register the Trademark. It is important to register your Trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look.
Trademark Registration expires after 10 years of its registration, but unlike patents, a Trademark can be renewed again for another 10 years. This process can be indefinitely done with Settle My Tax in just a few steps, meaning if you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
The “™” symbol can be used with the trademark applicant with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India.
PROCEDURE FOR TRADEMARK REGISTRATION
The basic trademark registration can be done within a day or two, where the applicant can apply for registering the trademark, but the procedure of completing trademark registration is really very vast. It takes maximum 1 to 1.5 years for the procedure. As there are several steps for registering the trademark
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Documents required for Trademark Registration
What are the documents required for obtaining a trademark registration in India?
Trademark registration in India is a process that should be carried out under expert guidance. BizHub has helped over fifty thousand trademark applicants to get their trademark registered.
The list of documents required to obtain Trademark registration are:
Identity proof of the trademark owner
Aadhar Card
Logo if it is applicable and available
PAN
Certificate of Incorporation (In case of a Private Limited Company or an LLP)
Address proof
Passport
Udyog Aadhar Registration
WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA
The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.
There are few reasons why trademark registration is beneficial and important in India.
- Helps to differentiate goods from the competitors.
- Helps to earn goodwill and establish a brand.
- Trademark registration can increase sales volume.
- It indicates the quality of product.
- The brand can serve as a important factor to grab the attention of the customer.
- Unregistered trademark may affect your brand reputation.
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Who is eligible to obtain trademark registration in India?
Trademark registrations are widely used to protect the brand or slogans or coined words that are unique. Trademark registrations in India can be obtained by individuals or businesses or by non-profit organizations. However, each of the different class of persons or entity that have different requirement while filing the trademark application. The following are eligible for obtaining trademark registration in India.
Types of Trademark registration in India
Various types of trademarks can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark, collective mark, certification mark, shape mark, sound mark, and pattern Mark. Though there are many trademarks the purpose for them is the same that is to enable the consumers to identify the goods and the services that are manufactured by certain manufacturers or service providers. Let us look at the various types of trademark registrations in India.
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Product Mark A product mark is used on a good or a product rather than a service. A product mark helps in recognizing the origin of the product and helps in maintaining the reputation of the business. Trademark applications that are filed under the trademark 1-34 could be termed as product marks as they represent goods.
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Service Mark Service Mark is similar to a product mark, but the service mark is used to represent a service rather than a product. The main purpose of the service mark is that it helps in distinguishing the proprietors from the owners of other similar services. The trademark applications are filed under the trademark class 35-45 that could be termed as a service mark as they are representing the services.
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Collective Mark The collective mark informs the public about the certain distinguishing features of the products and the service that is used to represent a collective. A group of individuals can use this mark so that they are collectively protecting the goods and the services. The mark holder can be an association, or it can be a public institution or also a Section 8 Company.
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Certification Mark It is a sign that denotes the product's origin, material, quality, or other specific details which are issued by the proprietor. The main purpose of the certification is to bring the standard of the product and guarantee the product to the customers by showing that the product has undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys, and electronics products.
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Shape Mark The shape mark is exclusively used to protect the shape of the product so that the customers find it relatable with a certain manufacturer and prefer to buy the product. The shape of the product can be registered once it is recognized that the product has a noteworthy shape.
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Pattern Mark The pattern marks are for those products that have a specified designed pattern that comes out as the distinguishing factor of the product. Patterns that fail to stand out as remarkable marks are rejected. For a pattern mark to be registered it should stand out as unique.
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Sound Mark A sound mark is a sound that can be associated with a product or the service that is originating from a certain supplier. Sound logos are also called audio mnemonics and they appear to be at the beginning of the end of the commercial. The most popular sound mark in India is the tune for IPL.
Important things to know before getting a Trademark registration
With technological advancements, Trademark registration can now be done online. BizHub has helped thousands of businesses across India.
1. Trademark Search: It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research. Will guide you with the same.
2. Trademark Filing: After completing the Trademark search, the trademark registration application can be filed with the Trademark Registrar. However, the application must be made in a prescribed manner and filed along with the mentioned fees. The application can be made online or in any five Trademark Registrar’s offices with jurisdiction over the state. Visit the website to carry on Trademark Registration online.
The Trademark Registration application must contain the following information:
Logo or the Trademark
Name and address of the Trademark owner
Trademark used Since the date
Description of the goods or services
3. The Vienna Codification Process: The Vienna Classification or Vienna Codification, established by the Vienna agreement (1973), is an international classification of marks’ symbolic elements. Once the Trademark registration application is filed, the Trademark Registrar will apply the Vienna classification to the Trademark based on marks’ figurative elements. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification.”
4. Trademark Examination: After Vienna Codification’s completion, the Trademark registration application will get allotted to an officer in the Trademark Registrar’s office. The officer will then review the Trademark application for the correctness and issue a Trademark examination report. The officer can accept the Trademark application, allow trademark journal publishing, or object to the Trademark registration process.
If the application is rejected, the applicant can appear before the Trademark officer and address the objections. If the officer finds the justification satisfying, the Trademark would be then allowed for Trademark journal publication. If the reasons are not satisfactory, the applicant has the right to appeal the officer’s decision before the Intellectual Property Appellate Board.
5. Trademark Journal Publication: When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that the Registrar has received. Also, the public can object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.
If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
6. Trademark Journal Publication: When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that have been accepted by the Registrar. The public can also object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.
If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
7. Trademark Registration: If there are no objections or oppositions, only the Trademark manuscript and trademark registration will be prepared and issued. Only after the Trademark registration Certificate is issued, Trademark is a registered trademark of the owner, granting the owner some exclusive rights of the mark. The ® Symbol can now be placed to the logo or the Trademark.
FAQs On Trademark Registration
Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.
Trademark attorneys and examiners arrange trademark applications according to the description and classes of goods or services to which the trademarks apply. Trademark in India is classified in about 45 different Classes. See Trademark All Classes here.
As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
You can very well do this through Madrid Protocol. This is a highly technical process and requires thorough search. IP experts at BizHub will help you apply for Trademark in any country through Madrid. Drop an inquiry at BizHub for more details.
You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.
A unique name or logo has the highest chance of getting registration. However, it solely depends on the ministry to grant registration.
Well, both are possible and permissible. It depends on how old your company is and many other factors. Usually, start-ups get Trademark Registered in the promoter (owner) name. Larger businesses get Trademarks done on Company name.
You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offense, with a penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
Following marks can be registered under Indian Trademark Law:
- Names
- Invented words
- Numerals
- Letters
- Devices
- Combination of Colours
- Shape of goods
- Slogans
- Signatures
- Sound marks
- Easy to pronounce, spell, remember
- Should be distinctive and should not have deceptive similarity
- Should not be descriptive
Yes, sound and smell can be registered as a trademark in India under the Indian Trademark Law.
A service is the same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.
BizHub provides Trademark Registration across India. You can obtain Trademark Registration in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.
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