Things to know before Trademark Registration in India
A trademark can be defined because the unique identification that makes your service or product stick out from the rest. The unique identity or expression may be a emblem, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the corporations commonly search for registration of emblem or name best. If you have arise with a unique concept or emblem, then the best manner to defend it as your personal unique identification is to patent it. A registered trademark is your business’s intellectual property right or intangible asset. It acts as a protective name of the company’s funding made within the emblem or brand.
In India, emblems are registered with the aid of the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can sign up the trademark under the act named, The Trademark Act, 1999. The registration presents the right to sue towards others who attempt to copy your trademark. Also, no person else can use a similar trademark to the only registered by means of any other person. Once you sign in a trademark, you could use an R symbol at the side of it, and it will likely be valid till 10 years from the date of registration. You can without problems get a ™ within 3 days. But, to get an ®, it takes up to two years. In case the trademark registration is nearing expiry date, you can constantly get it re-registered for another ten years.
What can you Trademark? Who can all observe for Trademark?
According to the trademark policies of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a mixture of all these may be trademarked. All of these must be made use to make your enterprise stick out from the rest.
A trademark application may be carried out by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be implemented for registration inside the name of the concerned commercial enterprise.
Why is Trademark Registration essential in India?
A Great Business Opportunity
A services or products being bought below a registered trademark allows in building up trust, reliability, quality, and goodwill inside the minds of customers. It gives you a specific identity when in comparison to different sellers specially when you sell it on on-line platforms like Amazon, Flipkart, etc.
A Legal Protection
In case you doubt that your trademark is being copied by absolutely everyone else, you can take up the problem legally and sue them when you have registered your logo, brand name or slogan.
Get Your Unique Identity
Customers will identify a selected products or services simplest with the logo. Registering a trademark ensures that competitors will now not use it and subsequently it stays as a company’s precise asset.
The trademark can be a treasured asset in case your emblem creates a call and succeeds. It may be commercially contracted, sold and franchised.
Global Filing Of Trademark
A trademark that’s registered and filed in India can also be filed in different countries outdoor India. Likewise, foreigners also can get a trademark registered in India.
How we help with Trademark Registration? A certain Trademark application filing method.
We help to your trademark search by using conducting the search the usage of trademark(™). We also behavior a particular check at the trademark name and logo name that you had selected to make certain that it is not but registered below all people else’s name. The trademark may be registered once it is found to be specific. In case your logo or brand name is already registered by means of someone else, we help you locate methods to modify it in order that your trademark registration does now not get cancelled.
While applying for trademark registration, you want to use it underneath the right category of classes. We help you pick out the right class under which you need to register. The trademark gives you the proper to promote under a particular logo name inside a positive sector within the economy. In total, there are approximately 45 sectors and every sector is called as a class. Goods and offerings are classified into 45 one of a kind training via the Trademark Registry. Every brand or brand name needs to be registered below the best class. For example, the Class 28 includes products and services associated with games, sports and toys. Hence, if you are planning to launch a new toy brand, you may should apply underneath the Class 28.
Preparing the Application
After we make sure that your brand name or brand is unique and can be registered, we proceed with the utility by means of getting ready the authorization letter first. This gives us the proper to make the trademark registration on your behalf. You can sign the letter and return it lower back to us. We similarly assist you fill out the form and keep updating you approximately the proceedings until the trademark registration method is complete.
Documents required for Trademark Registration
An authorization letter this is duly signed by you permits us to record for trademark registration on behalf of you. After receiving the authorization letter, we begin with the coaching of your files, document the application online and additionally pay for it. Soon, you obtain the confirmation of the application, and you’ll get the right to use the ™ symbol.
While submitting for the trademark registration, the things you want to provide are as follows:
• Applicant’s name
• Business type
• Business objectives
• Brand/brand name
• Registration address
Identity and Business Proofs
The trademark proprietor or the person that is permitted through the trademark proprietor wishes to put up their identity proof. It can be your Aadhar card, riding license, passport, ration card or voter’s id.
Using Logo With Tagline
If a trademark utility is made for a tagline with handiest words there is no need of a logo. In instances in which a brand is used, then it should be submitted in black and white format. The quantity of words within the brand must precisely be the same as cited within the application for a trademark.
On behalf of you, an lawyer is allowed to file for the trademark application with the Trademark registrar. The trademark consumer affidavit should be submitted in case a declare for the preceding trademark become made inside the application.
Important things understand approximately the net Trademark Registration Process
Nowadays, with the advent of technological advancements, a trademark registration may be without difficulty made online. You can get the help of a registered Trademark attorney like us to record online with out taking an effort to visit the registry office.
The Vienna Codification Process
In the trademark process, Vienna codification is a essential step. It is an international classification that’s given when you fill the utility form. At this point, your utility for registration may be denoted as – “Sent for Vienna codification.”
The Examination Of Trademark
After the trademark application is given for Vienna classification, the trademark could be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might receive or reject the application as according to his/her discretion.
Hearing Before Trademark Register/officer
If the trademark application is rejected, the applicant can cross for a for a hearing. If the officer can be convinced with the provided documents then the application may be passed. If the officer isn’t satisfied, over again the utility receives rejected. If he isn’t fully satisfied about the motive for rejection, then the Intellectual Property Appellate Board may be contacted.
Trademark symbols and their usages
You get the R symbol as soon as you file the trademark application for trademark registration. This symbol helps guard the trademark from getting copied via others.
This symbol is for unregistered trademarks. It warns others from copying your brand, name or symbol. It does now not come up with copyright protection, and others can use your logo or brand name in case your utility gets rejected.
The C symbol stands for contents which do now not have any copyright issues. The image is obligatory in many countries for copyright claims.
The provider industry uses this image. The image is applicable for classes from 35 to 45. It is also now not guaranteed protection against copyright issues.
We “Solubilis Corporate Services” are the leading Trademark attorney, Patent attorney, Company Secretary in Chennai, Bangalore, Hyderabad, Cochin, Coimbatore, Madurai, Salem, Tirupur and Trichy. We provide Trademark Registration in Coimbatore and all the other towns in India. Hope you all find this article helpful. Thanks for reading!!!