Trademark Registration


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    What is a Trademark?

    A symbol, emblem, or term used to differentiate the products or services of one person from those of others is known as a trademark. Under the Trade Marks Act of 1999, every trademark associated with a product or service has been registered. After a trademark has been registered, it will be valid for ten years, after which it will need to be renewed. The renewal of the trademark requires the payment of a fee to be completed.

    The following are some of the areas in which LegalTaxPert may assist you:

    • Searches were made on the existing trademark as a first step, intending to avoid the rejection of applicants based on copying.
    • It is necessary to submit a trademark application to allow the trademark's owner to exercise their legal rights. At the same time, the Trade Mark Registry will evaluate the application (TMR).
    • A rebuttal to the objections lodged against the registration of a trademark by either the Trademark Office or another interested party. You should never avoid responding to proceedings taken by the Trademark Office (TO), and you should always attend opposition hearings when needed.
    • A copy of the trademark is being published in the Trademark Journal. We are employing monitoring services to check and see that the trademark is not being imitated or violated by anybody associated with the Journal.
    • We will take care of the trademark registration concerns and provide you with the most helpful guidance possible.
    • We put together the renewal instruction letter for the trademark renewal, then sent it to TMR so that their records may be updated.
    • We are preparing a renewal instruction letter to renew a trademark and sending such a letter to TMR so that docket records may be updated.

    Who Can Submit An Application For A Trademark?

    • A person registered with Intellectual Property India Online and wants to mark their products and services is referred to as an applicant.
    • The proprietor has every intention of making use of the mark even while the application is being processed.
    • Foreign owners may apply for trademark registration once they have successfully registered their businesses.
    • If the business has not yet been established, any individual may submit an application for registration on the firm's behalf.
    • An application for registration may be submitted to the corresponding TA if that TA has jurisdiction over the company's primary location.
    trademark registration, different categories of trademark registration

    Different Categories Of Trademarks

    • Product mark is used to recognize the origin of items and keep the business's reputation.
    • A service mark is similar to a product mark in that it represents the service. It is possible to apply for courses 35–45.
    • The purpose of a shape mark is to ensure that buyers only purchase a product from its original maker by preserving the authenticity of the product's form.
    • Pattern marks are reserved for goods required to create patterns that ultimately function as product identities.
    • The term “sound mark" refers to the sound identified with a specific brand of goods or services provided by a particular provider.

    Documents Required For Trademark Registration in India

    The following types of documentation are needed to apply for a trademark in India:

    • Details about the applicant, such as their name, address, and country, and information about the firm, including the jurisdiction where the company was formed.
    • Products or services that need to be registered.
    • The date on which the trademark was first used in India if you had used it before the application was submitted.
    • Applicants are required to sign a power of attorney document.

    Why Should You Consider Registering A Trademark For Your Company?

    • Even the largest corporations, such as Coca-Cola, Siemens, and Apple, use trademarks to safeguard their brands.
    • The trademark would be a valuable asset for your company and add to the goodwill earned.
    • With a registered trademark, you may prevent others from using your trademarked company name/logo in connection with your products or services. registered.
    • A trademark, like any other asset, such as real estate, may be sold, licensed, or transferred.
    • It assures the authenticity of products and services.
    • It encourages more purchases.
    • It is a symbol of loyalty and allegiance.
    • It may allow the customer to make a fashion or lifestyle statement.

    FAQs(Frequently Asked Questions)

    How do I check to see if a name is trademarked?

    Use https://ipindiaonline.gov.in/ website to search for registered trademarks. Go to the official website of the trademark and choose search and type the company name to check the availability.

    Are trademarks recorded in public databases?

    Indeed, the publication of trademarks and their registration are considered public documents. Creating third-party access to these data using this publicly available information may be done by either private individuals or businesses.

    How much time is required to register a trademark officially?

    The procedure of registering a trademark is standard practice. In a typical scenario, when there are no obstacles to overcome, obtaining registration takes around one week. After the application has been filed, the trademark number will generally be assigned within 7 days.

    When am I permitted to use the sign R or TM?

    After submitting an application for a trademark, the symbol “TM" may be used. Only when a trademark has been successfully registered should the letter “R" be used. The ® symbol may only be used concerning the products and services outlined explicitly in the registration certificate.

    Before launching a company, is it possible to have a trademark registered?

    Indeed, it is possible to register a trademark before even launching a firm.

    Are you able to ensure that my trademark will be accepted?

    It is dependent on the decision made by the government. On the other hand, if it is exceptional, there is an excellent chance that it will be approved.

    How can I determine whether or not a name is protected by a trademark?

    To search for registered trademarks, use the website at https://ipindiaonline.gov.in/. To determine whether or not the business name may be used as a trademark, go to the website that is officially associated with the trademark, choose the search tab, and then enter the company name.

    Before launching a company, is it possible to have a trademark registered?

    Indeed, it is possible to register a trademark before even launching a firm.

    Before launching a company, is it possible to have a trademark registered?

    Indeed, it is possible to register a trademark before even launching a firm.