Trademark Registration
ONLINE TRADEMARK REGISTRATION
ABOUT :
Trademark is a unique kind of Logo or sign which distinguishes your brand in the Market and creates a premium impression in the mind of the customer. Trademark can be represented in Design, Symbol, word, mark etc and its registration in concerned Authority creates an exclusive right to use that symbol for your premium idea of business. The Registration of a trademark enhances the goodwill and face value of the business. Trademark is legally recognized as Intellectual Property and its infringement is protected by TRADEMARK Act 1999. Trademark creates a particular kind of brand sign which is easily noticeable by the customer in one look. Like CN represents to cartoon Network and tick sign for NIKE etc.
FEATURES OF TRADEMARK:
Trademark can be registered in the following form:
• Word Mark
• Service Mark
• Pattern Mark
• Sound Mark
• Color Mark
• Series Mark
• Three Dimensional Mark
• Shape mark
• Logos & Symbols
• Certification Mark
• Geographical Indicator
• Collective Marks
Trademark can not be registered in the following form:
• The Name of countries and cities can not be trademarked.
• The name of religious Book and god and goddess can not be trademarked.
• The Surname can not be trademarked under normal circumstances.
• The name of government Posts or constitutional Posts cannot be trademarked.
• The generic words cannot be trademarked.
• Words that create an impression of illegal or immoral acts cannot be trademarked.
• The prohibited words and emblems which are prohibited under the names & Emblems Act cannot be trademarked.
The trademark search is an important feature to check whether a particular trademark has already existed or not. which is available on the government trademark registry database or third-party service provider websites.
The trademark is classified into 45 kinds of sectors of which 34 classes are for products and the remaining 11 classes are for service sectors. The registration of a trademark is a voluntary act and not compulsory but registration provide protection against infringement and many other rights. A registered trademark has a validity of up to 10 years. It can be renewed and restored as the case may be. An applicant may use the symbol as TM for trademark and SM for Service Mark during the pendency of an application for registration of a trademark. on the approval of Trademark, an applicant can use the symbol “R” just after its Trademark.
ADVANTAGE OF TRADEMARK: Legal protection from infringement Product identify distinctly Recognition for goods and services Enhance business valuation & Goodwill Exclusive Rights Registered Trademark as intangible property
WHO CAN APPLY:
An individual,
A Firm,
A company,
A LLP.
PENALTY FOR UNAUTHORISED TRADEMARK:
1. UNAUTHORISED TRADEMARK,
2. UNAUTHORISED TRADEMARK FOR SELLING SERVICE & PRODUCT,
3. FALSE CLAIM OF REGISTERED TRADEMARK IN-ANY of the above mentioned common infringement,
Penalty as follows: Any individual who either sells services or products through an unauthorized trademark/false trade details is measured to be a punishable act with imprisonment for a term of not very less than 6 months and up to 3 years. A fine of 50,000 MAY INCREASE up to a maximum amount of 2 lakh rupees.
DOCUMENT REQUIRED:
Company of PAN card of the Individual,
Company,
Firm,
LLP,
Society,
Trust.
ID,
Address Proof,
Mobile Number & Email ID of all Directors/Partners/Members of Society or Trust.
Copy of registration certificate issued under Companies Act,
GST, Co-operative Society act,
Shop & establishment etc.
Business Activity of the Company/Firm/LLP/Society/Trust.
Wordmark,
Logo,
Design which too is registered.
E-Mail id and Mobile number of the firm/company.
In case of company, Memorandum/Articles of Association/bi-laws of Society or Trust/ Partnership Deed.
Self-attested copy of Bank Statement, Landline Bill, Power Connection Bill, water Bill in the name of the establishment, Any license/certificate/number issued by any Govt. authority, etc., as address proof of the establishment.
REGISTRATION PROCESS OF TRADEMARK:
• Trademark Search- Name Availability
• Class Selection
• Preparing the application with a unique name and logo
• Payment Of Requisite Fee
• Submission Of Trademark Application
• Examination By The Registrar
• Reply To Examination Board In Case Of Discrepancies
• Publication Of Mark In Indian Trademark Journals
• Issuance Of Certificate
## There may be complex things that occur during the registration process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time.
Our COMPLIANCES Expert, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliance and will save your precious time and Money.
Working Process:
>Choose your Plan and Pay Securely.
> Upload required document
> An expert will be assigned to you for the procedure of submission of the application.
> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.
BASIC PLAN:
TRADEMARK FILING FOR INDIVIDUAL OR SMALL AND MEDIUM ENTERPRISE,
(1 APPLICATION AND 1 CLASS) WITH MSME REGISTRATION.
Service Fees: 7699/- inclusive of All Fees.
ACE PLAN:
TRADEMARK FILING FOR OTHER THAN INDIVIDUAL OR SMALL & MEDIUM ENTERPRISES,
(1 APPLICATION AND 1 CLASS) WITH MSME REGISTRATION.
Service Fees: 11999/- inclusive of All Fees.
TIME EXPECTED: Law Compliances can help you in the Registration of a Trademark in 10-15 working days.
** ** Time taken for Incorporation will depend on the submission of the relevant documents by the client and also approval from the Government authorities.
FREQUENTLY ASKED QUESTION (FAQ):
Is the sound or smell registerable as a trademark?
Yes, sounds or smells are registrable as a mark.
Can a certified/registered trademark be removed from the register?
It can get removed on application to the Registrar on the specified form on the ground that the mark is wrongly on the register.
Can a trademark be transferred to any other person?
Yes, a trademark can be transferred from one person to another. The processing fee of transfer will differ as per the status of the mark.
Can a certified trademark be amended at later date?
Yes, it is allowed to be amended as per the terms of Section 22 of the Trademarks Act.
Is the trademark liable for reduction or removal on the ground of non-use?
Yes, a registered trademark can be replaced or removed based on non-use. Although as excused in clause 3 of section 47 of the Trademarks Act, 1999.
Can a foreign person or a foreign entity apply for trademark registration in India?
Yes, a foreign person or a foreign entity can apply for trademark registration in India. ***