What is a Trademark?
A Trademark usually refers to a “brand” or “logo” of a company.
Trademark registration also can be received for a commercial company name, specific phrases, taglines or captions.
Properly used and promoted, a Trademark may turn out to be the most valuable asset of a business. Trademarks which includes Coca Cola, HP, Canon, Nike and Adidas function an indication of starting place of the products as well as a demonstration of quality.
It is also important to obtain trademark registration for the enterprise name/change name underneath the Trademarks Act. Registration of a company or business name below the Companies Act does now not in itself give protection towards others who might start using equal or similar marks.
Use of TM, SM and ® symbols
‘TM’ refers to Trademark and ‘SM’ refers to Service mark. The use of TM and SM symbols notifies the general public that the company is claiming exceptional ownership of the trademark and can generally be used by one that has filed a trademark application.
The ® symbol, may be used only as soon as the trademark is registered and the registration certificate is issued. Also, you can use the registration symbol only in connection with the products and/or offerings in appreciate of which the trademark is registered.
The registration process is the equal for both logos and service marks.
Solubilis Corporate Services offers a comprehensive variety of trademark services which include:
Opinion on registrability of trademark
Filing and prosecuting trademark applications
Responding to office actions
Handling trademark competition proceedings
Dispute resolution and litigation
Advice on validity of registrations
Advice on infringement and passing off
Issuing prison notice (stop and desist letters)
Publishing warning notice
Trademark watch and monitoring services
Renewal of trademarks
Trademark due diligence
Drafting license agreements, franchisee agreements and task deeds
Before adopting a trademark, an indicator seek is fantastically recommended, as this may supply an illustration of any current logos which have been carried out for/or registered within the Trademarks Registry.
Solubilis provides trademark search in India, assisting customers inside the selection of brand names and ascertaining whether any equal or similar logos are already current inside the information of the Trademark Registry.
The fee of engaging in an indicator search is quite insignificant in assessment to the efforts and expenses worried in rebranding because of infringement of others rights.
Therefore, a trademark availability search is especially really useful before big quantities of money and time are invested in a hallmark and the steering of an skilled trademark attorney are extremely worthwhile.
In order to behavior a trademark seek, kindly provide us with the following simple information:
i) Trademark to be searched
ii) Goods/Services in respect of which the trademark is to be searched accordingly.
The trademark search regarding results are reported within 1 or 2 working days.
Classes of products and offerings
Before filing a trademark application, it’s far important to identify the instructions in which you wish to seek safety in your trademark.
An application have to be made inside the applicable classes of modern items/offerings as well as in lessons where there’s cause to use. All goods and services are divided into forty five instructions.
The 9th version of the NICE global classification system is observed in India.
Selecting a good trademark
A trademark need to be selected carefully. If you are launching a product and adopting a brand new trademark, please undergo in thoughts that the scope of legal safety you’ll reap depends on the kind of trademark selected.
The most common mistake is to pick out a word that is descriptive of the goods or offerings. People do this within the notion that the consumer will know without delay what the product is or the carrier rendered. The same end result can effortlessly be obtained with the aid of combining a extraordinary and fanciful trademark with a word which indicates the goods or services.
Descriptive logos are tough to check in and enforce. Although it can be less difficult to market such products at inception, such logos are presented the least amount of protection and therefore, in the lengthy term, it would be tough to prevent your competition from the use of the same or similar logos.
A higher method could be to adopt a coined word, which has no reference to the goods/offerings upon which it’s miles used.
Another choice is to undertake an arbitrary word, which has no relevance to the goods/services upon which it’s miles used.
The extra one-of-a-kind a trademark is, the broader might be the to be had scope of protection.
Requirements for submitting a trademark application
1. The name, address and nationality of the applicant who wants to register. If the applicant is a partnership firm, the names of all the partners and above details also. Also mention whether any minor is a partner.
2. If the applicant is a company, mention the country and state of incorporation.
3. A listing of goods and/or offerings for which trademark registration is required.
4. Soft copy and hard copy of the trademarks which is to be registered.
5. If the mark carries or consists of non-English words, a translation of those words into English is required.
6. If the utility is to say priority from an earlier filed convention utility, information of that utility is also required (application variety, filing date, us of a and goods/services). A licensed precedence record or its duly notarized reproduction is to be submitted. If the certificates isn’t in English, a certified/notarized English translation is likewise required. If it isn’t always without problems available, the software can be filed based on the primary application range, date of the utility and reason of the utility. A copy of the priority document may be submitted inside 1 month from the filing date of the application.
7. Date of first use of the trademarks in India, if in any respect used
8. Power of attorney definitely signed by using the applicant (no legalization or notarization is required). For Indian clients, power of legal professional to be completed in Rs. 100 Stamp paper and signed by means of the applicant. The strength of trademark attorney isn’t required at the time of lodging the utility and can be submitted later with no extra cost.
Trademark Registration Process
Upon filing of the application, the registry will difficulty us with an reliable receipt with the submitting date and wide variety allotted to the utility. The software is then formally tested by way of the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks. If an objection to registration is raised, an reliable examination document will difficulty. To overcome the objection, it’s miles necessary to document a written response or offering evidence of obtained forte and in most cases, an interview/listening to with the examiner is posted. The Registrar may additionally require the applicant to report an affidavit testifying to such person with famous displaying the mark as used.
If, following examination, the alternate trademarks application is taken into consideration allowable, a Letter of Acceptance (TLA order) will issue, and then the trademark may be published inside the Trade Marks Journal. If there are no oppositions within four months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will difficulty.
Trademark Registration is a tedious system and it takes around 18-24 months to acquire registration in a straight-ahead case, without any objections or oppositions. However, as soon as the trademark application is filed, an application variety is allocated without delay and the priority starts evolved from the date of utility.
Once the trademark is registered, it’s far legitimate for a length of 10 years from the date of utility. The registration can then be renewed indefinitely so long as the renewal costs are paid every 10 years.
1. Multi class packages are allowed in India. However, statutory submitting charges will be relevant for each class.
2. Classification of products and services is in keeping with NICE classification (45 classes).
3. Prior use of the trademarks isn’t always obligatory for filing. Therefore, applications may be filed on a ‘proposed to be used’ basis.
4. Power of attorney is required (if filed through an agent/legal professional)
5. Applications are tested as to registrability and availability based on existence of previous filed programs. Once accepted, it’s far published within the Trademarks Journal and an opposition can be filed by a third party within three months (extendable by way of one month). If no competition is filed, the registration certificate is issued thereafter.
6. A trademark may be situation to elimination at the grounds of non-use, if it isn’t used for a continuous duration of 5 years.
7. The trademark registration is legitimate for 10 years from the date of software and can be finally renewed each 10 years with the aid of fee of renewal fees.
8. Priority can be claimed provided the application is filed inside 6 months from the date of the filing in the convention.
We “Solubilis Corporate Services” are the registered Trademark Attorney, Patent attorney, and Company Secretary in Chennai, Coimbatore, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. We have the team of well-experienced members to do your Trademark registration in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. For more details, kindly go through our website and contact us. Our experts are just one call away from you. Thanks for reading!!!