Trademark Registration

What is Trademark Protection?

A trademark refers to a unique mark of your trade. You put it on your products or services to distinguish them from others. The mark can either be a unique word, logo, image, sound, or any unique combination of them all. Those who trademark their business limit themselves to word and/or logo only.

To ensure that only you get the right to use that mark on your product or your services, you have to legally own it. It’s done through the process of trademark registration. It’s a process by which you become the legal owner of your trademark – stopping others from using it without legal implications. Such act forms a shield around your ownership of the trademark, which is called trademark protection.

Governed under the trademark registration act, 1999, once you get the registration, you enjoy trademark protection for 10 years. Once you near the end, you have to renew that protection to further enforce your ownership of that trademark.

What is TM Mark and R Mark?

Once you file the application of trademark registration, you get the right to use the “TM” symbol with your brand name or logo. The process of registering your trademark takes about 5 months to 2 years to complete, at the end of which you get the right to use the “R” trademark – signifying that you are the proud owner of that brand name, logo.

What Can Be Trademarked?

According to the trademark rules of India, following articles can be used as trademark:

1. Brand name
2. Logo
3. Slogans
4. Initials
5. Or the combination of the above.

Who Can Get Trademark Registration?

Trademark registration can be acquired by any individual or a corporate entity. In the case any business such as a company/LLP, applicant of trademark registration is that concerned business.

Advantages of Trademark Registration

Trademark registration doesn’t only protect your ownership of your logo or brand, it’s also is an invaluable intellectual property. Following are the benefits of trademark registration:

1. It deters the copycats: if you have a good business name, and the business that bears that name has the potential to or is going big, copycats try to pass off that name as their own. Trademark registration ensures that your trademark isn’t used without your authorization.
2. It builds trust: Businesses or people who get their trademark registered are considered to be more trustworthy and more thorough.
3. It’s a good asset: A trademark is an intangible asset that you can later sell for a hefty amount of monetary gains.
4. It can give you a constant source of income: Through licensing, you can give the right to other to use your trademark in return of periodical income.
5. Global recognition: Once you register your trademark in India, you gain the power to register across the globe.

How Can We Help Register Your Trademark?

Trademark registration is an arduous process. One mistake can get your application rejected or delay the application. Thus, our experts do a lot of preliminary research as they file your trademark application.

1. Trademark search: Before you choose a trademark, you have to be sure that it’s truly unique. Our experts conduct a thorough trademark investigation through trademark search. In this process, they search for similar trademarks as yours in your trademark class and others. Only after a thorough investigation, they recommend you a trademark to put on the application.
2. Trademark application filing process: We file the trademark application on your behalf and attach the documents required. We go through every detail, check and recheck every word before submitting the application on the website.
3. Trademark application monitoring: Once the application is filed, we keep a sharp eye on its progress. By watching out for the trademark application status, we take pre-emptive moves to counter any statement that can reject your application.

Documents Required For Trademark Application

We only need three documents to successfully get the trademarking process started:

1. Your ID Proof or the ID proof of your business.
2. Your brand name/logo
3. A power of attorney assigning us to file the application on your behalf.

What Happens After The Application Is Filed?

Once the application is filed, following stages occur:

1. The Vienna codification stage: If your trademark consists of an image, when before going to the trademark department, the image is codified into a presentable format.
2. The application processing stage: Int his stage, the department of trademark processes your application and puts it under a thorough scrutiny. If there is anything wrong, you get notification through your trademark status.
3. The publication stage: Once the application is accepted, it’s publicized in the trademark journal. It presents your trademark to the general public to invite opposition.

The final level is successful trademark registration if your trademark doesn’t face any opposition from the general public.

1. We Follow Your Trademark through Entire Process
2. We take your trademark.
3. We organize the documents required.
4. We file your application.
5. We monitor the application processing stage.
6. We ensure that the trademark reaches the publication stage.

Even after these five steps, you face any issue; we provide any legal assistance that you might require.

Why Choose Us?

The reasons to choose us for your trademark needs can be summarized into the following five factors:

1. Search Factor: Our trademark search mechanism is thorough – leaving no stone unturned and uniqueness ensured.
2. Application factor: Our application filing method of delicate – ensuring that your application is filed correctly from the start.
3. Vigilance Factor: We watch over the application process – ensuring pre-emptive measures are taken if the trademark faces objection.
4. Reporting Factor: We report you about everything – keeping you updated about the progress of your application.
5. Transparency Factor: Our prices are transparent – you pay for what you get.

FAQs

Q1. What is Trademark?

A trademark is a unique mark that you put on the product or services you provides to distinguish them from the rest. It serves as an identifier – helping people know the source of their product/service they are using.

Q2. What is Trademark Registration?

Trademark registration is the process by which you legally register your trademark in your name. It protects your ownership and stops anyone from trying to copy your trademark.

Q3. What is Trademark Class?

All the products/services are categorized into 45 trademark classes. Your trademark application is filed under the class of product or service on which you intend to put the trademark.

Q4. What if My Trademark Application is objected?

If your application faces trademark objection, our experts file an appropriate reply to counter that.

Q5. Why My Trademark Application is rejected?

Trademark application is rejected due to a myriad of reasons. Most common among them are:

1. Your trademark is not unique.
2. Your trademark is deceptively similar to existing trademark.
3. Your application isn’t filed correctly.
4. There are discrepancies in your personal details.

Q6. What if Someone Else Has Already Registered A Trademark Similar To Mine?

While you won’t get the exact word, you don’t need to lose hope. Our designers try to integrate uniqueness in your original trademark to make it worthy of trademark registration.

Q7. What Guarantee Can You Give Me That My Application Will Be Approved?

When we take your application, we guarantee that it will get published in the journal. After that, it’s up to the general publican to accept or oppose your trademark.

Q8. How Long Does The Trademark Registration Take?

Conducting a thorough trademark search, combining the documents and filing the trademark application takes one day. And, we push your application so that it’s processed within two days. After that, depending upon how food your trademark appears to the general public, the process takes another 4 months to 2 years to complete.

Q9. How Much Do You Charge For Trademark Registration?

We only charge a minuscule fee of INR …../- to file your application. It includes all taxes and government fees.