A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc used by business to distinguish it services or products from other same goods or services which are made in different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registrable if it is unique for the products and services you give.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.[/vc_column_text][vc_tta_tabs][vc_tta_section title=”Steps” tab_id=”1583398456251-e8b495b7-edba”][vc_column_text]
Step 1 : Trademark search (1 day)
LegalRaasta check trademark availibity or check brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at legalraasta.com/trademark-search. Because being exclusive do matters. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Once we ensure that your chosen name or design is available & exclusive, we send you an authorisation letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.
Step 3 : Trademark application submission (1 day)
Once we receive the authorisation letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark different at the central trademark department office or via online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
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Documents needed for Trademark Registration
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
Identity and business proofs: The 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 Tagline: If 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 & Logo: The logo must have the brand name applied for trademark registration.
User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
Proof of TM use: To demand specific user date, documentary proof like invoices, registration certificates, etc with the brand name must be given.
MSME or Start-up Recognition: A partnership firm, body corporates can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
Signed Form TM – 48: TM-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by LW professionals for the signature.
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Just applying for trademark registration won’t work for the long-term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.
Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes difficult for someone to maintain rights over it other than the trademark owner.
Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal points to a lapse of legal protection in Brand name.
Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.
Renewal Process and Forms
The application of renewal is done in form TM-12
The application can be executed by either the registered owner of the trademark or an agent approved by him.
You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 ye
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Important things know about the Online Trademark Registration
Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.
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