Trademark Registration
For protecting the brand name
Avoid Infringement
Simple & Secure Online Process
Dedicated Professional
Hassle-Free Process
Get Registration in 2-3 days
Introduction of Trademark Registration
For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
Trademark Registration can be done for the brand name and logo in the particular kind of class in which it falls. There are 45 classes of trademark divided into different categories. The individuals or entities need to identify their class through classification of their goods or services.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
If the Trademark is registered helps the registered owners to get the returns of their investments by restricting others from using the creation without permission.
The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.
Sunil Sharma & Associates has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to registration of Trademark .You may get in touch with our team on +91 90797 59095 or email cssunil93@gmail.com .
Advantages of Trademark Registration
Protects the Brand Name
Customers are easily able to recognize a singular product or service only with its brand name. The Registration of a trademark assures that the competitors will not be able to apply for the same and it serves a company’s unique asset.
Hence, the owner can defend others from the traders from using his/her trademark illegally. They can also sue the infringer from using the brand name and may demand damages for any infringement, if caused.
Easily identifiable
It is easy for customers to find products quickly by trade marking them. The differentiation can be done on the basis of various kinds of products as the goods tend to create an identity for themselves. The registered owner has the power and right to build, secure and protect the goodwill of his/her products. The registered owner shall have the power to build, secure and protect its products goodwill.
Creation of valuable asset
The trademark registered can serve as a valuable asset if the brand is built up and is succeeding. As soon as it is registered it makes the trademark an intangible asset which can be traded, distributed, franchised, or commercially contracted as a trademark is an intellectual property for the organization which ultimately brings benefits to the company or the individual proprietor.
Sales Advertising
While selling the product in the market to its customers the brand is attached as a feature of the product or service and as soon as the product is spread in the market it helps in increasing sales by attracting more and more customers towards its product.
Legally protected
A legal right is given under the Trademark Act, 1999 in case of infringement which means that if there are any kind of circumstances where you find that the trademark is copied by someone else and you have a right to file case against them for copying your logo, brand, name or slogan. If the trademark is filled and registered it assures the trademarked object is not unethically used by any other person.
What can be Trademarked?
ID Proof (Driving License, Voter ID card or passport)
PAN Card of the Member and Directors of the proposed Company
Brand Name (a soft copy of brand name and logo to be registered)
Power of Attorney/User Affidavit; (Draft will be provided by us)
MSME Certificate in case of Company
Certificate of incorporation/registration (other than individual)
Process of Trademark Registration
1. Complete QuestionnaireWe will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of trademark.
2. Trademark Search The first and foremost step under the registration of a trademark is to search the availability of the proposed name. After the said search we will review all the possible way to get that desired name, and once it is available, we will begin towards the process of its registration. There are two ways to test its availability, i.e., one by searching word mark and the second one is phonetically under the required class.
3. Submitting Documents The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark application on your behalf.
4. Preparation of TM ApplicationAfter receiving the relevant information as well as the signed documents we will move towards preparation of your trademark application in TM-A. Once the trademark application is prepared, we will share with you (soft copy) the draft application which is also known as a preview of a trademark application for your review. Once the draft is being confirmed from your side we will present the same application to the trademark registrar after it is digitally signed by the attorney.
5. Trademark Challan It usually takes 2-3 days for filing a trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-A form along with the copy of challan.The copy of challan contains the trademark application no., date of filing and applicant name along with attorney name, which serves as a proof that the application is successfully submitted to the registrar and is pending under the governmental process.The applicant can start using filled mark by writing "TM" upon receiving of challan.
6. Trademark Registered With the successful completion of above steps it takes around 6 months to one year to get the desired mark registered. It is a long process to get the "R" Mark. If the application request is accepted by the registrar, the same will be published for four months in the journal for third-party opposition. Further, if no objection is received by the Registrar, then he will register the proposed mark which shall be valid for ten years and can be renewed by filing a renewal application within 6 months before the expiry of 10 years.
More Insights on Trademark Registration
Difference between Trademark, Patent and Copyright
S. No | Basis | Trademark | Patent | Copyright |
1. | Governed By | Trademark Act, 1999 | Patents Act, 1970 | Copyright Act, 1957 |
2. | Used to Protect | Protection of the unique name that signifies a brand distinct from other. It Can include name, slogans, logo, shape, colours etc. | It Protects of inventions that are novel and original and also has industrial utility. | It Protects the original creative expressions like the literary works, artistic works, dramatic works etc. |
3. | Validity | It is Valid for 10 years which can be made perpetual by renewing the same trademark every 10 years. | It is Valid for 20 years which starts from the day the application was first made. It is also a territorial right which effective only within the territory of India. | It is Valid for life time of the author including 60 years after his/her death. |
4. | Secures | It secures the brand under which the said product or services are sold | It secures the inventions which are useful for the world. | It secures the creative or the intellectual creations. |
5. | Existence of right | As soon as it is registered the applicant of the mark is entitled to claim complete right over the said mark. | It takes a long time to get it registered but the owner of the patent can stop any other from claiming the right over the said particular patent and the moment he/she applies for provisional patent. | The Exclusive rights of the owner is created at the moment the authorship creates the work. |
6. | Provisional Application requirement | It does not include any provisional application, but it requires a trademark search. | Here provisional application can be made which gets you 12 months of time to file a complete specification which is final, and a priority date claim. | No provisional application required. |