Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time of another 10 years.
Trademarks Registration can be done through Palankarta who are offering services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
Characteristics of Trademark Registration
The Basic Characteristics of Trademark Registration are –
- Proposed trademarks, that are similar or identical to an existing registered trademark cannot be registered.
- Trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
- Name, words, numbers, image, Sound, invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc can be Trademarked.
- In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials or a mixture of all these can be registered.
- The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.
- It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time
- After the application is registered with the government, a TM number is assigned by trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.
A trademark application can be made by:
- Private firms
- Individuals CompaniesLimited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’sIn the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
- Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi
- It must be registered at the appropriate office.
- The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Benefits of Trademark Registration
Following are the benefits of Trademark registration
- Get Unique Identity
- Legal Protection
- Excellent Business Opportunity
- Global Filling of Trademark
- Creation of intangible asset
- Infringement protection
- Exclusive rights
- Applying the registered symbol
- Differentiating products
- Promotes Goods and Services
- Protect the Commercial Goodwill
- Advertising sales
Services Offered by Us
Following are the services provided by us at the time of registration.
- Consultation
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
- Government Fees
Documents Required for Trademark
Before preparation of the documents its important to get an authorization letter that is appropriately signed by you enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents required to apply online. Soon, you receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you require to provide are as follows:
- Proof of Applicant
- PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Notes
- Identity and business proofsThe trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card or Voter’s ID.
- Using Logo with TaglineIf a trademark application is prepared for a tagline with only words there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
- Brand Name & LogoThe logo must have the brand name applied for trademark registration.
- User AffidavitIf a particular user data is to be claimed, the user affidavit is expected to be submitted.
- Proof of TM useTo demand specific user date, documentary proof like invoices, registration certificates, etc with the brand name must be given.
- Signed Form TM – 48TM-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry.
The process to get trademark registration:
- Step 1 - The first step is the choice of a trademark.
- Step 2 - The applicant must search the trademark records registry and assures that the proposed trademark does not match or the same to the registered mark.
- Step 3 - The search can be done online or by the trademark office.
- Step 4 - It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.
Procedure for Registration
Fill Enquiry
Form
Associate will call
and discuss in length.
Make
Payment
Complete Documentation
& Requirements
Registration
Complete
Why Palankarta?
Palankarta gives an end-to-end service for Digital Signature certificate
Experienced Financial
Professionals
Deliver Service
on Time
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Frequently Asked Questions
FAQ
General Questions
No. Registration of a trademark or service mark is optional and not compulsory. However, registering a trademark/service mark offers to the owner of the mark a wide range of benefits and advantages, which are listed just above.
The most significant, lavish, and elusive advantages and benefits obtainable by the owner of a trademark/service mark, are the following:
- Exclusive ownership over the registered trademark within the jurisdiction concerned
- The privileged legal rights to use the registered mark in the business/service of the product or service specified in the application
- Hiring or leasing of the registered trademark or service mark
- Registration can be used as a strong basis for registration of the mark in foreign countries and, take all necessary measures to protect his unique identity and reputation in the entire native jurisdiction, including taking rigorous legal action against trademark infringement cases in future.
These exclusive rights and benefits are not available to the user/owner of a trademark or service mark which is not registered.
For getting a trademark or service mark duly registered in India for doing a nationwide business in the specified field/class, the owner of the mark require to file the application for registration [in Form TM-1] with the directly concerned regional trademark office, based on the location of him or his company.
In entire India, there are five regional office of the trademark registry in Mumbai, Kolkata, Chennai, Delhi, and Ahmedabad. And, in order to expand one’s business to foreign countries, the owner of the mark will be required to get registration of the mark in the targeted foreign countries as per the provisions and rules of the relevant international conventions related with trademarks described below somewhere.
The most common broad categories of trademarks and service marks in India and abroad are the following — Product marks; Service marks; Collective marks; and Classification marks. These distinctive marks may contain one or more of the following:
- Any distinct word or letter, numeral, graphical figure, certain wording or phrase, sign or signature, slogan or punch line, picture, logo, or any other distinguishing indication, or a unique combination of many of these.
- Any two-dimensional or three-dimensional configurations or shapes of the goods or products
- Any distinct color or a certain combination of many colors
- Any particular sound, smell, or taste.
- Again, the trademarks and service marks are also classified based on the goods/products or services of certain industries and economic fields, they are used for. The internationally recognized NICE Classification of goods, products, and services has identified 45 broad classes of trademarks and services marks which are used in the businesses and services of various sectors of economy in the majority of countries worldwide. Out of these 45 classes, eleven belonging the services delivered in diverse service sectors, while the remaining 34 pertain to good and products produced in various business fields. Again, here it may also be mentioned that any trademark or service mark is registered only under the specified class(es) which correspond(s) to your business.
The very first official process for getting a trademark or service mark registered is to file the prescribed application for trademark registration with the relevant trademark registry office, under the class which corresponds to your business/service. This process is to be done after the tasks of trademark creation and trademark search. The Trademark Search is conducted through the trademark databases of the concerned country, to check and verify indisputable originality and uniqueness of the newly created trademark or service mark; and therefore, this task is necessary to perform prior to filing the application, in order to minimize the chances of official rejection, trademark opposition, or allegation of trademark infringement.
Other processes or stages involved in the entire procedure for trademark registration are the following —- official examination and verification; meeting the requirements/suggestions of the examiner/registrar; publication of the proposed trademark/service mark in the Indian TRADEMARKs Journal; dealing with the possible case of a trademark opposition; and then, Trademark Prosecution if required for Registration. These all processes may take a period varying from 12 – 18 months, or even more in certain complicated cases.
Within this time-period till getting the certificate of registration, the applicant may use the ™ symbol beside his trademark concerned. The ® symbol can be used by the proprietor/owner only after getting the registration certificate.
The (initial) registration of a trademark/service mark is valid only for a period of 10 (ten) years, counted from the date of its registration. Hence, the owner of the registered mark mandatorily requires to renew the registration of the same, well within the expiration of this ten-year period, in order to wield the full gamut of trademark rights (mentioned above) for another 10 years. The renewal application is filed through the form TM-12, along with the prescribed fees, with the relevant regional office of the trademark registry.
The symbol® can only be used beside a registered trademark in superscript style as is shown. Using this symbol ® without getting the related trademark registered is illegal. On the other hand, the symbol ™ may be used beside an unregistered trademark mainly to show authority over the trademark before proper registration of the trademark. Hence, the symbol ™ is often used beside an unregistered trademark in superscript style, especially during the time-span lying between the filing of the same and before its registration.
Yes, of course. The owner of a registered trademark may transfer the ownership of the trademark and all the rights associated with it, to another person or company. However, for legal security, the written assignments in this connection must be made recorded with the relevant trademark registry office of India.
It is better and beneficial to register your company name under the Trade Marks Act also, especially when you like to use the name in the business of your products/services. This will not only give complete ownership or monopoly over the name, but will also offer the full gamut of rights associated with a trademark/service-mark.
To avail complete and exclusive authority/monopoly over and certain unique representation of your trademark/logo, you may register the same under the jurisdictional Copyright Act also.