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For a profitable firm in this competing market, trademarks are no less than a requirement these days. It acts as a defining characteristic for a brand that has made a name for itself over time. A product or service must spend years building its reputation in order to maintain its distinction and prevent competitors from stealing your hard work. In this case trademark registration done by Regalguru can come in handy. But first what is trademark registration?
Trademark Registration
A trademark, sometimes known as a "mark," is any distinctive indicator, symbol, graphic design, term, logo, color scheme, packaging design, or signature with legal recognition that sets a good or service apart from its rivals. A trademark may be used by a company, an individual, or another legal body. In some circumstances, even taste and sound might be patented.
What Can Be Registered As A Trademark?
A trademark might fall under a variety of headings. Therefore, it's crucial to understand what can be trademarked. So here is a compiled list to help you in that:
- Name
- Product Name
- Business name
- Name of a person
- Surnames
- Logo/ symbols
- Taglines
- Sound mark
- Scent mark
- Motion Mark
- Different type of shapes
- Packaging
Why is it Necessary?
It is impossible to overstate the importance of a registered logo or mark because it can offer your company a distinct identity. When there are many rivals in the market and you want to stand out from the crowd, it can provide you an advantage over them. But apart from that we have more. Now here they are:
- Exclusive Privileges: The proprietor may own special rights
- Establishes the business's reputation for building trust:
- Making it simple for customers to select a product
- It determines the quality of the product and the customers' attachment
- Making Assets to Boost Responsibility and Self-Confidence
- Anyone cannot infringe on your registered trademark, which is shown by the ® symbol:
- Protection from product infringement:
- Draw in human resources and promote a favorable perception of your company.
Documents Required for Trademark Registration
The applicant will need the following documents to file trademark registration.
- PROOF OF APPLICANT'S IDENTITY
Proofs like a passport, Aadhaar card, driver's licence, voter ID, or ration card must be produced by the applicant.
- BUSINESS PROOF
Documents such a partnership deed, registration certificate, or incorporation certificate must be presented if the applicant is a corporate entity.
- TM Form 48
The Trademarks Act of 1999's Form TM 48 is a form that permits an agent or attorney to submit a trademark registration application on the applicant's behalf. The application must be properly completed, dated, and signed by the applicant.
- TAGLINE AND LOGO
The trademark application's applicant-designed logo must be presented, ideally in black and white. However, submitting a logo is not required if the trademark application is merely for a word. The applicant must take care to double-check that the terms mentioned in the application and those in the logo correspond.
- USER AFFIDAVIT
The submission of a user affidavit becomes required when a claim of prior usage is stated in the application.
Process for Trademark Registration
Step 1: Launch a trademark search as the initial step. Using the tool, we may assist in doing a thorough trademark search to locate the mark across classes.
Step 2: The Trademark Attorney must submit an application in the second step. When Form48 and TM1 are ready for approval, the trademark applicant must sign both documents.
Step 3: At this point, a trademark application is filed with the trademark register. For small businesses, individuals, or startups, the trademark registration charge is Rs. 4500.
Step 4: Once the trademark application has been submitted and is being processed by the government, it is important to check on its status on a regular basis. If any objection arises, the applicant must file a reply within 30 days.
Reasons for the Rejection of Application
The following reasons could lead to a trademark being rejected:
- If the applicant's goods or services cannot be distinguished from competitors by the brand name.
- If it specifies a type, quality, objective, principle, or geographic area.
- If it is regularly employed in the present language or accepted norms of trade if it misleads or confuses the public in any way.
- Affects societal sentiments regarding caste, religion, etc.
- Contains controversial or objectionable material. This contravenes public decency.
- It only consists of the actual shape of the products.
Why Choose Regalguru for Trademark Registration?
Our team of highly qualified attorneys has vast experience in this area and has handled several trademark issues. We are one of Delhi's most reputable trademark consultants. With our services in every nook and corner of Delhi. Ranging from Rohini, Kohat Enclave, Karol Bagh, Janakpuri, Uttam Nagar, Laxmi Nagar, Dwarka (Delhi), Pitampura, Punjabi Bagh. Our trademark registration consultants in Delhi are happy to help.
We provide complete solutions for trademark registration. We strive to give our customers complete happiness by offering them all ancillary services under one roof at a low price. Regalguru will not disappoint you, so give our services a try.