Any Word, Symbol, Logo, Phrase, Image, Sound, Colour, or a combination of all utilised by a business to distinguish its products or services from other comparable merchandise or services is termed as its trademark.
It is imperative to get your trademark registered to attain a lawful authority and exclusive rights over its utilisation for commercial purposes. A registered trademark is a distinct asset or licensed property for a business enterprise and secures an organisation's interest in the brand.
In India, Controller General of Patents Designs and Trademarks that comes under the Ministry of Commerce and Industry, Government of India holds the authority to issue trademarks under the Trademark Act, 1999. It also has the power to invest a proprietor with the privilege to sue an individual, a group or an organization in case of encroachments of trademarks.
Before you register for a trademark, we will provide you trademark services assisting you in the selection of your brand name. We would conduct a thorough search to ascertain whether any similar trademark already exists in the records maintained the Trade Mark Registry. We recommend a trademark availability search before you invest huge amounts of money and time in a trademark.
Before you file your trademark application, it is necessary to identify the particular class (i.e. a sector of industry) in which you wish to register your trademark. All goods and services are divided into 45 classes under the Trademark Registry. You should apply in the relevant class of current goods/services.
We will help you fill up the Trademark form mentioning all the relevant details about your business, as well as the name, logo, word, and slogan you're registering.
After your Trademark application has been filed, we will see that you are provided with a TM number from the registrar within two days. The TM number helps you track your application and two, it allows you to use the ™ symbol near your trademark.
One of the initial stages of the trademark registration process, Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the status in the Trade Mark Registry website shows as "Sent to Vienna Codification".
As a part of the trademark registration process, any trademarks comprising figurative elements/logo is assigned a Vienna Code by the Indian Trademark Registry. Vienna Code helps conduct trademark searches for artwork/logo.
Subsequently, the Trademark Officer employs certain procedures and guidelines to examine the trademark applied by you.
A request for registration of a trademark may get rejected if:
In case of rejection, you can apply for a hearing before the registrar who may pass on your application to the next stage, if the points put forward by you are convincing enough. If your application is still rejected, you can approach the Intellectual Property Appellate Board for a hearing.
For registered trademarks nearing expiry, the owner can apply for trademark renewal for an additional term of 10 years.
Trademark is something which identifies a brand to a common consumer such as Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all. It can be represented graphically and may include shape of goods, their packaging and combination of colours.
In other words, a Trademark is anything which is capable of distinguishing the goods or services of one person from those of others. It can be a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
Trademarks can be applied by any person claiming to be proprietor of the trademark whether representing a private firm/LLP, or an NGO.
Trademark registration ensures legal protection against trademark violations, or piracy. A registered trademark makes the owner eligible to access effectual remedies against any kind of trademark infringement for a period of 10 years. It also empowers the owner with the authority to sue a delinquent for misuse of an already enrolled trademark.
A registered trademark gives a distinctive identity to the products and services of your brand and grants you 100% ownership over its utilisation. None of your rivals can utilise your trademark for merchandise or similar services.
A registered trademark is regarded as a deemed property by law and therefore, serves as an exclusive resource for an association. A registered trademark can be sold, franchised or economically contracted as per the will of the owner.
The trademarks which are registered boost a brand’s presence in the market with a good reputation. It builds a sense of faith and goodwill in the minds of existing and potential clients and users for your brand.
Want to register a trademark?
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