Top 5 Legal Considerations When Selecting a New Trademark

One of the most neglectful things that company do when selecting a company name is that they leave it for “Another day”. “What’s there in the name?”, “It’s not a priority right now.”, and the most popular “We can choose whatever name we want”, are the very words that come out of the mouth of the heads of these companies. To them, it’s a minor matter whose importance is less than a peanut. They are wrong.

A company name is the trademark of the company. It’s the name that makes them recognizable by their consumers. It’s the very aspect that they market to the prospects to convert them into customers. Needless to say, a lot of thought has to go into choosing a company name because of the following factors:

  1. The trademark search tool exists that has been designed keeping in mind the importance of choosing a name.
  2. It’s only through trademark registration that the company’s image can be protected.
  3. Without a unique name, a company can cease to exist.
  4. Without putting a lot of thought into naming a business, a company can’t aspect to market their products and services.

Now that you know why you should care about giving your company a unique name, what are those thoughts that have to go into choosing it? In this article, we are going to tell you about the top 5 legal considerations when selecting a new trademark. Upon reading it, you’ll know how to ensure that you get trademark registration in India and keep your name safe from infringers.

Choose a distinct mark if you want to protect it

You can only get the trademark rights for your company name if it’s distinct enough from the rest. That means you can’t make use of generic words in your name that informs your customers exactly what you do. For instance, choosing the name “Drapers” is not allowed for you if selling cloths is indeed your business. However, if you’re planning to use “Jacklind” as a trademark for your cloth selling company, you can.

Trademark rights is first come – first serve phenomenon

There are many businesses that are looking for trademark registration in India. And many of them surprisingly are using the same name without the other one knowing about it. When both these companies go through trademark registration process, trademark is granted to the company that has been using the mark for longer. In simple terms, if you’re the first one to use the trademark, you are the winner of trademark rights.

It’s not always about who has been using the mark longer

While in the previous point we stated that trademark rights are granted on a priority basis, there are conditions where such matters can be ignored. For instance, if one company has been using a trademark but has not registered it, but the second company registers the same mark without using it, the second company can win the trademark rights. However, that victory is short-lived, for if the first company decides to get into the trademark registration process, the rights of the second company would be taken away.

Can’t retain the trademark rights if you don’t use the mark

There are many entities – companies and individuals – that relax once their trademark is registered. “Now we are protected” – they think to themselves. But they are wrong. Complacency is the enemy. In India, if an entity doesn’t use the trademark ithas registered for 5 continuous years, their trademark rights can be taken away by the IP Department.  In simple terms, using the trademark is the only way to retain the trademark rights.

Similar trademarks can co-exist if the consumers aren’t confused

Two companies or other business entities can use similar trademarks if their usage doesn’t confuse the customers. In legal terms, it comes down to trademark class. Two companies can use the same mark for different trademark classes – the different types of businesses.

Conclusion

Those were the necessary legal considerations when you’re choosing a new trademark. For any more info, reach out to Regalguru.

The Best Place to Get Trademark Registration in Delhi

Delhi, the national capital of India, is a place where all the cultures, businesses and economics of India, and even the world come together. There is a saying “If you can achieve success in Delhi, you can do so everywhere else”. But in order to achieve it, you need to be unique. And in order to be unique, you need the best place to get trademark registration in Delhi.

We aren’t saying that we are it, not yet anyway. But we are saying that there are things that you need to look for, if you come across someone saying they are the best.

That brings us to the purpose of this blog. Through it, you’ll know how to separate the lions from the sheep wearing a lion’s skin. In this blog, you’ll know how to get to the best trademark registration in Delhi on your own.

What People Think About Trademark Registration?

Before we dive into the best place to get trademark registration in Delhi online, let’s understand what people think about trademark registration.

  1. I don’t need trademark registration: It’s a mistake to think that way. But, it’s also a common perception. If you’ve been using your trademark for a while, you think that you don’t need registration. You think that all the brand name that you’ve established would be enough. That’s not the case. While you can think in the same way for big brands like Apple or Adidas, you, as small or med scale your business is, need to think about trademark registration.
  2. I can to trademark registration on my own: Again, this is the wrong thing to think. Trademark registration process requires deft hands, thorough research and timely handling of any issues. As a brand owner, you won’t have the time to sort out every little detail. Additionally, it’s the trademark agents and trademark attorneys that take the application forward. Thus, even if you know the process to register your mark, you’d need someone else to go through that process.
  3. I don’t want to give personal information to my agents: Trademark registration is a government procedure. The government needs some of your credentials to grant you registration. They don’t want your credit card or payment details; only your name, address and what type of business that you do. So, if you’re of the mind that’s afraid of giving personal information, don’t be. We won’t ask you anything that you deem unnecessary. But you also need to put your trust in us.

Qualities of the Trademark Registration Service Provider

For trademark registration in Delhi NCR, you need to separate the milk from the water. While you can use lemon for that purpose, I suggest you use the following points:

  1. Ask those “experts” about the timeline: Trademark registration in Delhi, Madras, Kolkata, and Bengal or everywhere in India, takes at-least 4 months. It takes one or two days to file the application. Another day or two to fast-tracking the application assessment. And once the trademark is published in the journal, it takes 4 months to register it. If someone comes to you and says “We can give you trademark registration within a week”, turn to the other direction. They are lying to you.
  2. Ask “experts” about the charges:  When you’re applying for trademark registration in Delhi, charges matter. While there is a governmental set fee, there is also a professional fee. If the professional fee you’re asked is too much, you should reject the proposal. Also, keep in mind that MSMEs that have startup registration certificate get 50% discount in the government fees. If the trademark agents you’re approaching aren’t being honest with you about the discount and the charges, you should look at someone else.
  3. Ask the experts about the process: Trademark registration process is difficult. Once application is filed, there is no guarantee of it getting accepted. It’s almost given that it will face objection. If your experts say that there’ll be no objection, you should take a step back. Over 60% trademark applications get objections. The difference between good and bad experts is that the good experts would provide you trademark reply services as well.

Regalguru: Your Partner in Trademark Registration

Now, let’s talk about our trademark registration services in Delhi. Regalguru provides complete trademark registration package. And:

  1. We are honest about the time it will take to register your trademark.
  2. We keep the professional fee low and provide you discount where it’s applicable.
  3. We provide you trademark reply and other services to handle trademark objections.

So, we can proudly say that we of Regalguru are “almost” the best place for trademark registration in Delhi.

Process to Trademark a Logo Online in India

As we know that trademark registration is not compulsory in India but it is advisable to register it. Because when setting up a business then a brand name, its identity and logo play a very important role for any business. Everyone is knows that a unique brand name and logo is the most valuable asset for the business. Trademark registration protects your brand name and logo from misuse or duplication by others or from your competitors.

Trademark your company’s logo is a legal and complex process that requires expert legal assistance. There is always a one question arising “Can we trademark a logo online?” and the answer of this question is “Yes”. But before start the trademark registration process, you must ensure that the logo you are going to trademark is actually available. For this, you can use trademark search portal of IPR database.

Now we start the trademark registration process and the process of online trademark registration is as follows:

  1. Choose a logo you want to trademark: If you’ve already made your choice, you still have to take another step. To ensure that the logo is registered, you have to make sure that it’s unique. Conduct a trademark search to ascertain the uniqueness of your decided logo.
  2. Write a description of the logo: A logo has a definite shape, definite nuances and a definite structure that can be explained in words. Find a good trademark agent who can help you paint a picture of your logo through words.
  3. File the application of trademark application: Go online and file the application of trademark registration. Attach the following documents:
    1. A scanned copy of the logo.
    2. Your Identity proof.
    3. Your address proof.
    4. The id proof of the expert who is filing the application on your behalf.
    5. The address proof of the expert who is filing the application on your behalf.
  4. Monitor the status of your application: Once you file the trademark application, you’ll receive a trademark application number that you can then use to check the status of your application later on. Always keep a sharp eye on the status; it will help you take a pro-active move if you see something that you don’t like.
  5. Wait for the application to be processed:  Once the application is filed, it will be processed for 30-40 days. Then, you’ll either get the application status as objected or accepted. Don’t be scared if you receive objection status, it’s common and you only have to file a trademark reply within 30 days of receiving the notification.
  6. Publishing of trademark in the journal: Once the trademark is accepted – either naturally or after filing the reply – it will be published in the trademark journal. There, it will remain so for the next 4 months during which, the general public will be able to see that. If a third party among them raises objection during this time, trademark opposition proceedings will, well…..proceed. If nothing happens, your trademark will be registered.

It’s definitely a roller coaster – the process of registering your trademark. Thus, you shouldn’t try commit to it alone. Contact our trademark experts and let guide your trademark to the pedestal of a registered trademark.

Opposition of Trademark and Rectification of Trademark Register

The pursuit of easy success and the denial of trademark laws have given rise of a lot of cases of trademark opposition. What is “trademark opposition”? In simple, it’s an objection by a third party against registration of trademark during the 4-month period that the trademark is in the trademark journal. The trademark opposers can be anyone from individual person(s), Partnership firm (s), companies and even trusts. Most notable thing about trademark opposition is that the one who is opposing the trademark can do so without any commercial motive whatsoever.

What are the grounds for opposition of trademark?

There are many grounds on which trademark opposition can be filed. If we had to condense them into a few points, the following reasons are considered valid to file opposition against a trademark:

  • No distinctness in the mark: The trademark in question doesn’t have any unique feature or it has something that points to the quality, the intended purpose, the values or the geographical origins of the product or service the mark represents.
  • The mark has potential for public deception: The trademark in question can potentially deceive the public and cause them confusion. It can be the case that the mark bears resemblance to a trademark that has already been registered or is similar to a well-known trademark.
  • Hurting the sentiments of a community: Trademark that has the potential to hurt the religious sentiments of any class or section of people can face opposition from a third party.

How one files a trademark opposition

Trademark opposition entails three steps, and they are:

  1. Filing an Opposition Notice: First, the person who wants to file trademark opposition does so by sending a notice. The contents of the notice should include the reason that the person is opposing the trademark, details of the trademark registration application that the person is against, the personal details of the person filing the trademark, and the grounds on which the trademark opposition is filed. After receiving the notice, the recipient has two months to file a counterstatement against the opposition. Not doing so would lead the Registrar of trademarks to abandon the trademark application.
  2. Filing the evidence to support their statements: After the opposition party receives the counter statements from the prospect of trademark registration, they have 2 months (1 month extension is given) to file the evidence via affidavit to support their opposition. If no evidence is filed, the opposition is abandoned. Upon receiving the application, the prospect of trademark registration similarly has two months to file evidence to support their statement. However, if he – the prospect – only wants to treat the counterstatement as evidence, he can do so. But it would require that the registrar be informed about it.
  3. Hearing both the parties: After receiving evidences from both the parties, a date is decided on which the hearing commences. That hearing decides the future of the trademark in question. Both parties will receive a 1-month prior notice. Upon receiving the notice, the parties have to submit that they will appear in the hearing via a form to the Registrar. The conclusion of hearing will be decided after both parties have had their say.

Rectification of trademark in India

An aggrieved person can file for the rectification of a trademark if that trademark has caused them singular harm.

Grounds for rectification of trademark India are as follows:

  1. The trademark hasn’t been used for the purpose it was registered for.
  2. The entry made in the registry is misrepresenting the facts surrounding the trademark, or the trademark is similar to an existing mark.
  3. The trademark hasn’t been used for 5 years.
  4. The holder of the trademark isn’t of sound mind anymore to use the trademark.

The trademark rectification process

  1. File trademark rectification via an application and attach a statement along with. State that as an applicant, you’re doing it because it’s in your interest.
  2. The registered proprietor, within 2 months of getting the notice of the same, will send you the counterstatement.
  3. Evidence filing would take place.
  4. The registrar will send a notice to the proprietor of the trademark explaining the grounds of trademark rectification. A hearing will take place leading to decision to leave the trademark or rectify it.

Documents Required for Trademark Registration

Do you think it’s enough to just file the application to get the trademark? Each detail you provide has to checked and rechecked. Do you think the department can just lend you the rights to mark without checking the document list for trademark registration? Of course not. There is no trademark without the documents required for trademark registration.

We admit that the documents for trademark registration in India can be confusing to understand. We have been through the same difficulty ourselves at times. But now we know exactly what you need to attach with the application for trademark.

And here is the list.

Before understanding the trademark, registration documents required, understand this

There are many types of applicants of trademark registration. You can either apply as an individual, or you can apply as a business entity. We are stressing on this because the core document list for trademark registration changes based on that very fact.

Documents for Trademark Registration If You’re a Business Entity

If you’re indeed a business entity such as a partnership, a limited liability partnership or any type of company, the documents are the following:

  1. Copy of the logo: In case the trademark you want to register is more than just a word mark, you need to provide an image of its logo. That’s not all. You also need to provide a brief description of the logo. In that you’ll explain the shape, the color and the pattern arrangement you’ve used to design the logo.
  2. Incorporation certificate or Deed of partnership: The deed of partnership or certificate of incorporation is the identification documents of your business entity. Provide it to the IP department to expedite the process of trademark registration.
  3. Form-48: Among all the documents required for trademark registration in India, it’s this one that people tend to miss the most. Remember this; whether you’re a business entity or an individual, you can’t file the application on your own. You need to authorized a trademark attorney to file the application on your behalf. The Form 48 is the power of attorney – giving your trademark attorney the right file the trademark application.
  4. Udyog Aadhar Registration Certificate: Want to save money filing the application? Choose to provide an Udyog Aadhar Registration certificate. This document, that establishes you as an MSME cuts the trademark registration cost to half.
  5. ID proof of the one signing your application: Provide the identification of the one filing and signing your application. Along with it, provide your ID proof as well.
  6. Address proof of the signatory: Provide the residential proof of the one signing your application along with your own details.
  7. Details of when you started using the trademark: Trademark filing process is a race in which many same trademarks are rushing to get registered. In case you’ve been using the trademark before applying for trademark registration, provide proof of the same.

Documents required for trademark registration is you’re an individual

The documents aren’t that different from above. They are as follows:

  1. Your Identity proofs.
  2. Your proof of residence
  3. Copy of the logo in case your trademark is not just a wordmark.
  4. Form 48 to delegate a trademark agent to file your application.

Conclusion

As you can see, the documents required for trademark registration in Delhi aren’t that complicated. All you need is the right information through the right blog to help you out. Interested in more? Check out our other blogs at Regalguru.

License Required for Online Food Delivery Business

Anyone who wants to start a business of food delivery has to first get the mandatory food delivery business license, and in some cases, licenses. Thus, through the course of this blog, we are going to make you aware of every license required for online food delivery business in India.

Background of the good delivery business in India

As you can see from Swiggy and Zomato, starting an online food delivery business has been quite profitable for those who are running it. And the reason can be summed up in two words: Easy eats.

Students who have to stay away from their parents, and professionals who have to venture far off from home to earn money, often don’t have access to fresh homecooked meals. Online food delivery businesses have made that accessible for them. With a few taps on a food app, these students and professionals can order anything that they want to eat at that time. In other words, they have access to easy eats.

Let’s now talk about the statistics. Swiggy in 2018, saw an increase in its revenue by 232 percent. In the similar fashion, other online apps also experienced amazing increase in their income.

However, none of them would have been able to make this much money if they didn’t have the online food delivery license. Let’s now discuss the types of licenses that are there suitable for an online food delivery business.

Shops and Establishments Act License

There are some places in India where before you start any kind of business that involves setting up a shop you need to acquire the Shops and Establishments Act License. Regulated by the Department of Labour, it’s a state-wise license and isn’t implemented all over the country. However, it’s implemented where it matters the most, like Mumbai. Thus, if you’re looking for Shops and Establishment’s act license, reach out to our experts of Regalguru.

FSSAI License

You can think of FSSAI food license as the second most crucial permit to start a food business in India. The Food Security and Standard Authority of India, is not just responsible for issuing this license, it’s also responsible for ensuring that those it has issued this license follow the right procedures while preparation so that people’s lives are safe.

Health Trade License

In case your wish is to start an eating establishment like a restaurant or a hotel, you need to obtain the health trade License. Department of Municipal Corporation, more popularly known as the MCD department is the one that issues this license. To get it, there is no online path for you to follow. You’d need to pay a physical visit to the office and obtain the license.

Furthermore, the license is not just issued for eating establishments. If you’re running any manufacturing facility that can possibly have an impact on people’s health, you have to obtain the Health Trade License.

Trademark Registration

No one would think the “trademark registration” to be a mandatory requirement to run an e commerce food delivery business. However, when you think about it from a business perspective, it’s probably one of the most import business licenses. There are many active online food delivery businesses these days. To stand apart from all of them, you need to have a mark that represents your particular business. That’s why, you choose a trademark and you register it. It will tell the customers that it’s you who’re providing them food via online delivery when they are hungry.

GST Registration

According to the Section 2 (44) of the CGST Act, 2017, businesses involved with the activity of providing products and services online have to obtain GST registration. However, that’s only the case if their annual revenue is over 40 Lakh.

Conclusion

Shops and Establishments Act License allows you to setup your eating establishment, FSSAI lets you run your food business. To gain the trust of the people, you need the GST registration, trademark registration and definitely the Health Trade Registration. If you’re looking for any of them, reach out to Regalguru.

ISO 9001-2015 Certification Causes Evolution of Small Businesses

When you are starting a business, there are many things that can go wrong, even if you have taken all the right steps. Your over-precaution can cause mismanagement in the company. Your under-precaution can cause the loss of operations control and your micromanagement can cause your workers to feel uncomfortable. All of the mentioned three things are not good for business.

But how would you know how to start providing better operations, and in turn start doing better business? It all falls down to quality of the management of the company. Fortunately, the independent organization called International Standard Organization has the solution.

The ISO 9001:2015 standardacts as a guidebook that establishes certain benchmarks that once you reach, can give a serious boost to the quality of operations of your company. It has specifications regarding every facet of company that ensures better quality, better operations and more trust from the customers.

How Would You Define ISO 9001 Standard?

The ISO 9001:2015 standard is the most versatile of all ISO standards.  This standard establishes the benchmarks for the QMS or Quality management systems of the company. In simple terms, it contains a specific checklist of what makes a company provide good operations, better management and gather more trust. This is more or less the simple definition of ISO 9001: 201 standard.

However, the definition is going to be subjective to the sort of business you run. There are many versatile ways to implement ISO 9001 standard and there are as many types of businesses. For a small business, acquiring ISO 9001 certification can be a defining moment. For small businesses, many things are still at their ground work stages, and following the standard can lead to a strong foundation that can lead to the small business’s eventual growth.

In simple words, ISO 9001-2015 certification causes evolution for small businesses. But how is that possible? For that, let us discuss the benefits of ISO 9001:2015 Certification.

What are the Benefits of Acquiring ISO 9001 Certification?

International Standards Organization’s inception was because there was a need of a standard that defines how the companies should work properly. By properly, we mean a way of operations that can lead to all things positive for the company. This brings us to the benefits of ISO 9001 Certification:

  1. Providing an effective and reliable management process: In order to effective manage the company, the senior management should have access to a pathway through which each and every department of the company can be communicated. Through ISO standard, proper management system can be established that can help the senior management assert a better control on the company.
  2. Provides a proper ratio of responsibilities: Consider the company as a living organism with its different departments, its proper organs. Unless each and every organ has a defined responsibility towards the organism, the organism can be destroyed. Destruction is what ISO certification prevents. It defines proper responsibilities for proper departments of the organization.
  3. Spreads the message of positivity among the staff: Where there is growth in business, there is positive message among the staff and the customers. It is an indirect advantage of ISO 9001 certification that ensures that all staff members are happy with the company’s operations.
  4. Highlights the errors within the organization: Following the checklist as per the ISO standard is going to let you highlight the deficiencies within your organization. The error deduction attribute is a godsend for many organizations where mismanagement causes much of the issues of the company to be hidden.
  5. It continually assesses the company: The entire premise of ISO 9001 is to circularly check and recheck the operations of a business. The circular assessment techniques ensure that every error is taken care of early and future errors with the operations are prevented. The company can perform near to perfection due to this.
  6. It attracts customers to the company:As a marketing tool, ISO certification is the best one there is. Once a company acquires ISO certification, it has access to customer’s trust and attention.
  7. It can promote cost effective operations: Operations should be of utmost quality. However, it is always necessary to keep in mind that they don’t get too expensive. Expensiveness leads to more money outflow than inflow. As a result, there can be no profit made. Following the International Standard allows companies to maintain their operations in a way that the profits don’t suffer.

Now let us mirror the aforementioned benefits to the small businesses.

Small businesses and ISO certification

What do small businesses require for their initial growth?  Cost effectiveness, more customers and proper operations. The benefits of ISO certification encompass all the three:

  1. Through the promotion of cost effective operations the small businesses are able to gain a significant amount of turnover during their initial business years.
  2. ISO certification acts as a marketing tool and this can aid small businesses to gather trust from customers. As a result, more and more customers are attracted towards it.
  3. Proper operations for the company through timely error detection and rectification. Small businesses have to ensure near perfect business operations at its initial stages. Following an ISO standard can certainly aid with that.

Through the aforementioned benefits, small businesses have a chance to evolve themselves through ISO 9001 certification. Being ISO certified is something that every small business should aspire to, for it is the road to the business’s evolution.

How to Trademark a Fashion Brand?

When you think of clothing labels, the first word and logo that comes to your mind is the Nike swoosh. Every time you visit outside to a sports store or clothing store that’s Nike mage, that swoosh reminds of its quality. You automatically think: These are good shoes or good clothes. You can do the same for your brand, if you dare to trademark fashion brand of yours.

Creating trademark rights for your clothing brand

A trademark determines the source of a product or a service. As a clothing brand, your trademark can remind customers of you. It can tell them it’s you who have given them such good quality of fashion. The more your brand grows, the more your business’s image goes up. However, you can only achieve that after you trademark that cloth brand of yours.

How to do that? Simply put, you have to register your trademark as per the trademark laws of your country. If it’s India, you have to go to the IP department. And if it’s USA, you have to reach out to the USPTO office. Once you do, you have to submit the application of the trademark and the rest will happen as per desires of the department.

What is the process of trademark registration of fashion brand?

To register the trademark of the fashion brand, follow the steps that are given below:

  1. First, choose the name or design or logo of the trademark: The very first task towards trademark registration of a fashion brand is to choose a trademark logo. Make sure that the trademark you choose is fanciful, relatable and doesn’t blatantly points towards the quality of the fashion brand.
  2. Choose a trademark class: Depending upon the trademark class of your trademark, you have to file the application. In case of fashion brand, the class that IP department prescribes is trademark class 25.
  3. Conduct a trademark search: Use the trademark name, design or logo and the trademark class to run a trademark search.
  4. Choose multiple classes when you start filing the trademark application: When you finally start filing the application, you have to decide the basis of that filing. Is your intention to use that trademark for commerce or have you already been using it. In case you’ve been using your trademark before filing your application, you must collect the evidence that states the starting date of when you started to use that trademark.
  5. File the online application for trademark application: Use the electronic trademark application system (called the online form) to file the trademark application. Submit the requisite fee required to file your application. You can know about trademark registration fee here if you wish to.
  6. Analysis of trademark application: Once you file the trademark application, you need to wait as the application is analyzed by the department. If you don’t receive any objection, your trademark will be forwarded to the trademark journal.
  7. Publication of trademark: The trademark of clothing brand will be published in the trademark journal along with the details of your application. It will remain published for 4 months to see if someone opposes your registration.
  8. Registration of trademark: If your trademark faces no opposition, you will receive the certificate of trademark registration.

Depending upon the department you submit the application to, which will differ, based on the country in which you’re applying, the publication time and the fee will change.

Conclusion

Trademark my clothing brand name – if that’s your desire, you need to reach out to the right consultants for help. At Regalguru, we will give you all the help needed to trademark your fashion brand and on time. And, if you face any issues, we will stand by you for assistance.

How to Find Trademark Registration Consultants in Delhi?

In Delhi, it’s important to have your own business identity, and possessing a trademark can help you achieve that. A trademark is a unique brand name or logo that helps your customers identify your products among others of the same kind. But, because there are so many businesses in Delhi, each of them with a unique brand name, it can be hard to find a unique name for your business, and protect it.TM registration in Delhi is a process through which you can choose a unique trademark and protect it under the trademark laws.

There are many consultants who provide such niche services regarding brand name. However, most of them are fake and those who are legit would provide you Delhi trademark registration services at an exorbitant price. That makes it difficult for a common man to find the right service providers. Thankfully, if you’re a person who is interested in protecting your brand identity but is not aware of where to get the service from, this is the article you should read.

Here, you’ll know how to find trademark registration consultants in Delhi.

A background about trademark registration

Before we move forward, it’s better to know what trademark services are all about. Trademark services aren’t all about trademark registration services in Delhi, they also entail:

  1. Trademark registration: It’s the basic and the most important service related to trademark. Through it, you acquire ownership of your brand name by putting that name in the trademark registry with your name/your company’s name beside it.
  2. Trademark reply: The process of trademark registration can be tricky. Sometimes, the IP department puts objection against your application. Trademark consultants file a trademark reply is a solution to deal with trademark objection.
  3. Trademark hearing: In an event your trademark is or appears to be a copy of another one, things can get dire. In such cases, courtly proceedings happen during trademark hearing.
  4. Trademark renewal: A trademark registration is only valid for 10 years, after which you’d have to file a trademark renewal application. It reinstates your trademark protection for the next 10 years.

A true consultant would prove you all the above-mentioned services and then some. There are certain qualities that you need to look for to determine who is a true trademark service provider, and who is just faking it just to get your money.

Mark of a true service provider

When it comes to trademark services, there are two things that you should know about:

  1. The process takes time.
  2. The process is going to face a lot of legal difficulties.
  3. The process isn’t as expensive as you might think.

A true trademark consultant in Delhi understands the above three things and reduces them through strategic solutions.

  1. Reducing the time: For “consultants” who don’t know how to conduct a thorough trademark research in a short time, it can take a month for the application to reach the IP department. That’s now the case with the right trademark consultants. They follow a simple protocol to conduct trademark search, file your application, and give you the receipt in one day.
  2. Reducing the legal difficulties: Whether you get your trademark registered hinges on two things: unique trademark and correct application filing. Even then, the random government policies can deter your application. The right consultant can predict the legal difficulties and take measures to bypass them.
  3. Reducing the cost: Depending upon whether you’re applying as an individual or a company, the cost of trademark registration can increase by double. However, a empathetic trademark consultant would understand your need and provide you the services at low professional fees.

Scour the internet, search for service providers that can reduce the above three and when you find someone who can, you’d have hit the jackpot.

Conclusion

Finding the right trademark registration consultants in Delhi is not that difficult. You just have to know what you’re looking for. In the case of a trademark service, you need someone who can reduce the time it takes, the legal difficulties it brings and the cost it accrues to register a trademark. And if you find them, you’ll find us there too.

How to Copyright a Song in India

When the unique song inside your head finally gets your voice, it becomes real, doesn’t it? You start think about auditions and other opportunities. And nowadays, you can start thinking about YouTube videos and monetizing it. However, before you race your horse of imagination, are you sure your song is protected? I am not asking whether it has a shield of not. I am asking whether it is safe from being copied by someone else.

Well, the answer is yes or no.

Yes, because as soon as you sing your song, or write it down, it gets the song copyright. It means that you automatically get the exclusive right to copy that song and reproduce it. However, you cannot implement it unless you get the song copyright under the IP laws of India. And that’s where this blog comes to you rescue.

Through this blog, you’ll know the steps of how to copyright your song in India.

It’s not just a single copyright

Unlike a book, software or a painting, copyrighting a song is the most difficult task. It’s because a song has so many elements. Just think about it. You do want to protect the entire song right?

  1. The lyrics of that song.
  2. The musical tune you put behind that song.
  3. The audio recording of that song, and
  4. The instrumental of that song.

Thus, for song copyright, India has made it mandatory that you use not one, but multiple copyrighting applications. So strap on to your imaginary horses, for we are going to take an extra mile and discuss all the process.

Documents required for copyrighting different elements of the song

The song copyright process is a consistent one. The process remains the same. However, the following are the different documents and format required to copyright each element in the different application:

  1. Copyrighting lyrics: To copyright the lyrics, you just need its word format. Put the lyrics in the word format and store it on your PC.
  2. Musical tune: Write down the musical note on a paper and scan it. If it can be converted into a digital format, you can do it. However, a scanned copy of the original would be enough for copyright registration of the musical tune.
  3. The audio recording: For the audio recording of the song, you need to record it in the .wav format.
  4. The instrumental: It’s optional to copyright the instrumental. But to protect the song completely, it’s a good idea to do it. Get it copyrighted by submitting the .wav recording of the instrumental with the copyright registration application.

The process of copyright registration of a song

Now that you know the elements that you need to copyright to completely protect your rights of your song, here is the consistent song copyright process I was talking about.

  1. Gather the required documents to get your song copyrighted:
    1. 3 Copies of the work, if published/ 2 copies if it’s not.
    2. Power of attorney to bestow the right to file your application to a copyright attorney.
    3. Information sheet covering the title and language of work
    4. Your ID proof
    5. Your address proof
    6. If you’ve already uploaded the song on YouTube, give information about when you did it, along with the printout of the same.
  2. File the application of copyright registration: To copyright a song in India, or anything else really, the application is completely online. That’s the reason the documents required in the previous section are digitized.
  3. The song will be published in the diary: After your application is accepted, your song will be published in the diary for 30 days.
  4. The application is processed:  If there are no objections, your application will be scrutinized by the copyright expert.
  5. Approval for the application: If your application gets the approval, you’ll get informed of the same.
  6. After approval registration: After your application gets the approval, you’ll receive the certificate of registration for your song copyright.

Conclusion

All these steps and documents might have made you think: how much is song copyright cost in India? Well, believe us, it’s not much. At RegalGuru, we make sure that our copyright costs are low so that every artist has a chance to show off.

So, get your song copyright at an affordable price.