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Trademark is something that differentiates your product from other identical products or services which are from different businesses, a trademark gives a symbol to your product, and it can be your name, number, colour combination, word, and many more. Control general of patents designs and trademarks Ministry of commerce and industry, and government of India are an institution in which trademark can be listed in India.
Trademarks come under the trademark act 1999, and the trademark will give you the ownership and power to sue others in case of infringement of the trademark. If your company is a trademark registered, then your business will be intellectual property, and it will keep your investment in the product and brands; if your product is unique and your services are exceptional, then it is necessary to get the trademark.
Your trademark should not be identical or similar to an existing brand, and the trademark should not be offensive; your trademark will be registered when it is unique and not identical to any other existing trademark.
Trademark registration is done in many cities like Mumbai, Bangalore, Chennai, Delhi and many more Indians cities.
Once you get your trademark, then the “r” symbol will be applied to your product, and the registration is valid for ten years; after the expiry of the trademark, you can easily renew it by filing a renewal trademark application form for another ten years.
What can be registered as a trademark?
- A name can be trademarked; the name should include your name or surname or the signature of the person
- A word can be trademarked, but it should not be directly descriptive to the goods and services
- The numbers can be trademarked any letter, any number, any combination of numbers, is acceptable
- Images can be trademarked any Symbol, image, shape; any letter can be trademarked
- Sound marks can be trademarked in audio format
- There are many more words and other things that can be trademarked
Who can all apply for a Trademark Registration?
Any private firms and individuals, limited liability partnership companies, or one person company, private limited company, public company, partnership company, et cetera and NGOs can apply for trademark registration.
Advantages of Trademark Registration
- The trademark will be beneficial for the company’s growth, and it gives you an excellent business opportunity.
- Trademark registered company will give you legal protection only you will have the power and ownership on your product.
- This will differentiate you from others, and you will have a unique identifier, and your customers will easily recognise your product and service only with your brand name.
- Trademark will also provide you with infringement protection.
- Once your trademark process is done, you can easily apply the registered symbol with your brand name.
- The owner of the trademark, Will have some exclusive rights over the trademark of his product.
- Getting a trademark will promote your goods and services more, and it will also increase the brand value.
Procedure For Trademark Registration
- First, you have to complete the trademark form; it is a simple online trademark form, and you have to submit the documents.
- Then you have to conduct your trademark search in this; the expert will check whether your trademark is unique or not.
- Then your trademark will be given an appropriate class according to your product.
- Then your trademark application will be filed within three days, and then you will get your TM number.
- Then your process of trademark registration will be completed.
Documents needed for Trademark Registration
Before or when you are going to file for trademark registration, all the below documents you will require
- Proof of the applicant address
- The PAN card of the applicant
- Your brand name and logo will be needed
- The evidence of recognition will be needed
- Your signed form TM. 48
- A certificate of registration will be needed
- Your identity proof that is Aadhaar card, passport, ration card, voter ID and others, will be needed
- Your business proof will also be needed
Trademark Objected
Trademark objected means there are one or more objections to your trademark; it can be because of the similar name of the trademark or duplication of any registered trademark or maybe offensive trademark, and there are many more reasons for the trademark objection. Trademark objection comes under section 9 and section 11.
Trademark Renewal
Once your trademark registration is done, it is not for a long time there is a minimum validation for the trademark, and that is ten years after that you have to file a renewal trademark form, and it must be filed before the expiry date of the trademark and under the deadline, and then it will be renewed for more ten years. And you can continue your trademark, and you have to give a government fee for the registration of the renewal of trademark.
Know more about Online Trademark Registration
Filing the online trademark application form can be done quickly, and you don’t have to go to the registry office for the same, but you have to keep some essential things in mind while filing an online trademark registration.
- First, when your application form is provided, it will then go to the Vienna codification process.
- The Vienna classification will examine your trademark, and it may also get accepted or rejected as per the officer choice.
- You should do a trademark search before applying for trademark registration; the trademark name, symbol, or word cannot be similar or related to another existing trademark, and if your trademark is identical or offensive, it will get rejected.
- If your trademark gets any objection, it will be examined, and then it will be decided to continue or refuse the trademark application.
- After all the above processes in every stage, once the application is approved, you can start using the symbol, which means that you will get the certificate of registration.
Getting your product, service or company trademarked is very necessary as it will give you much more benefits and increase in brand value of your product.