Trademark Registration
Trademark

Trademark Registration

Overview

Trademark is one of the important types of intellectual property. A trademark is basically a sign that is used to distinguish the goods or services offered by one undertaking from those offered by another. A trademark may consist of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc. So for the protection of your words, designs, logo, numerals, and slogan, you can obtain a trademark registration.

The salient features of Trademark Registration are as under:

Distinctive

Trademark must be distinctive. Distinctiveness can be inherent or acquired. Many famous brands are known by their trademark such as Cadbury, it is identified through its purple packaging.

Non- Descriptive

Trademark should be a non-descriptive in nature. Like Kodak, it does not describe the kind or nature of its products.

Legal right

The registered trademark gives owner a surety of the products and conformity of its quality. Hence owner of a registered trademark can file a suit for unauthorized use of that trademark.

Advertisement

Social media is one of the efficient mode of advertising. With the development of e-commerce industry, the importance to online registration for trademark is more reliable than going to officers and standing in queues. And registered trademark gives you the benefit of advertising.

Advantages

  • The registration symbol (where R is written and is covered in circle) can be used after the trademark is registered successfully.
  • Protection from competitors even in case there is a similar mark to the registered mark.
  • Exclusive right to use trademark ownership nationwide and for all the products that are listed in the registration.

Disadvantages

  • Owner need to show proof of use at regular intervals.
  • Failure to show proof on time related to trademark, lead to the loss of trademark registration rights.
  • Sometimes it is considered that trademark is the weakest form of intellectual property because it only protects the marketing concept and not the product itself.
Trademark Search

Before starting, the registration process a business person or a trademark professional must search for trademark in the trademark database. This will provide you information that your trademark is similar or identical to the already existed trademark or not.

Filing Forms for Registration

After completion of trademark search, application for trademark registration is filed with the Trademark Registrar.it must be made in the prescribed form along with the fees.

Trademark application allotment

After the registration of Trademark by filing forms, than a trademark application for allotment number is provided within one or two working days.

Vienna Codification

Vienna Codification is established by the Vienna Agreement 1973, it is an international classification of the figurative elements of marks. The Trademark registrar will apply for the for the Vienna classification to check its international applicability.

Issue of Examination report

Once Vienna classification is completed, the process will be further allotted to a Trademark Officer in the trademark registrar Office. Now the question for claiming to the trademark will start, where the government will verify whether the application is having any objections. If there is no objection then letter of acceptance will be issued. And if there is an objection, then your trademark lawyer needs to file a response to the objection and present the distinctiveness of your trademark.

Trademark Journal Publication

When the trademark registration is finally accepted by the trademark Registrar, then the proposed trademark is published in the Trademark Journal. The trademark Journal is published weekly and contains the list of all the trademarks that have been accepted by the Trademark registrar.

Trademark Registration

Finally when there is no objection for the trademark registration application, then the trademark manuscript and trademark registration certificate will be prepared and once the registration certificate is issued then the trademark is considered as a registered trademark.

The registration and common registration process are same in Trademark registration process.

FAQS

As prescribed by Intellectual Property India, Government recognized source , the types of trademarks that can be registered are as follows: • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. • Letters or numerals or any combination thereof. • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service. • Devices, including fancy devices or symbols • Monograms • Combination of colors or even a single color in combination with a word or device • Shape of goods or their packaging • Marks constituting a 3- dimensional sign. • Sound marks when represented in conventional notation or described in words by being graphically represented.
Yes, it can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.
Registration provides owner the exclusive right to the use the trademark in relation to the goods or services and to indicate so by using the symbol (R), and can file for relief of infringement in appropriate courts. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.
The register of trademark is maintained in electronic form which contains the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
The basic principle is that the trademark applied for should not be substantially altered affecting its identity.
Any person, claiming to be the proprietor of a trademark used or to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, for the time mark is used. The application should be in English or Hindi. It should be filed before authorised authority. The applications needs to be submitted personally at the Front Office Counter of the respective office or you can sent it by post. It can also be filed on line through the e-filing gateway available at the official website.

List of Documents

  • Trademark owner’s details
  • Chosen “mark” for registration
  • List of goods or services for which trademark will be issued

Pricing Plan

BASIC ₹7080
One Time

  • Trademark filing under one class for proprietorships and small enterprises having MSME registration.
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SILVER ₹8200
One Time

  • Trademark filing under one class for proprietorships and small enterprises along with MSME registration.
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GOLD ₹13570
One Time

  • Trademark filing under one class for all other enterprises and entities.
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