®Trademarks are one of the most important aspects to protect your brand identity. Trademark you help you protect your identity, your brand.
Trademarks that will distinguish you from the competition and help you protect your Brand uniqueness and identity legally.
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Trademark® Registration Online | Protect Your Logo & Brand
Globally and in India, the trademark registration process or logo registration is must if your brand intends to safeguard itself from any duplicity by any other party or any misuse by third-party. Registration of a trademark gives the right to take legal action against the third party in case of any trademark infringement.
The registration of a trademark for any brand mark grants the owner exclusive right to use over it. If the registration process of the trademark is followed legally and is granted a trademark, the owner of the brand may use it, which could be a letter, graphics, logo, word or a number which indicates the registration of a particular trademark.
The symbol ™ / ® shows that the brand is being trademarked/ registered.
Certified Professionals at DigiNeeraj helps filing trademark applications with full security and guarantee. Since it is online, we provide trademark registration all over India.
BENEFITS OF TRADEMARK/LOGO REGISTRATION ONLINE IN INDIA
Your Brand is legally protected: Trademark registration OR your logo registration helps you legally protect your brand in case of any misuse. Without trademark registration, you cannot legally help protect your brand against any legal infringement
Your identity, your face: Having a trademark helps increase your brand visibility and outreach. Your trademark will help you grab stakeholders’ attention and helps you advertise and promote your business in great ways.
Trademark is your assets: Your registered trademark which is your identity is your intangible asset. You can deal with it the way you like for example sell it or give it for franchise option.
Helps build trust and goodwill: Trademark helps you create and retain goodwill of your brand. It helps you retain customers who become brand loyal.
Creates a unique identity of your product: Trademarks will differentiate your product. It helps you communicate your brand message and vision among your customers. It will additionally help you retain the talents as well.
DOCUMENTS REQUIRED FOR YOUR LOGO REGISTRATION:
1. identity and address proof of the applicant
2. Brand Name and logo registration that you would like as trademark
3. MSME/Startup Recognition certificate to avail rebate on trademark
4. Signed TM 48: TM-48 is a legal document to allows the attorney to file the trademark on your behalf
What are the steps for online Trademark Certificate/ Registration?
The first step is to find availability of a trademark before the trademark registration process begins, the applicant must do a thorough research on the intended trademark therefore make sure that the trade mark he has chosen is not identical to an already existing registered trademark.
Once the search of the trademark is done, the applicant can file an application for registration of the trademark in the prescribed form available online with the Trademark authority.
A Trademark Registration request must have the below information:
i. Business Registration Proof either of individual or of entity
ii. Logo or words or tagline of your intended trademark
iii. Name and address of the trademark owner, email id and contact number
iv. Description of goods or services. That you are dealing with
v. Power of attorney signed by an applicant for the registered agent
Trademark Application Allotment
A trademark application allotment number is allotted to the applicant once the trademark registration application is filed with appropriate authority in India. The application can be tracked online easily. Once you receive the allotment number, your business can use the Trademark symbol ™beside the brand name.
If you have followed the above mentioned two steps, the trademark status will start reflecting in the Indian Trademark registry website. When the trademark comprises symbolic elements, logo, and the trademark registration status will show ‘Sent to Vienna Codification’.
The Vienna code is granted based on the nature of figurative element or logo. Even after the Vienna codification is done, the trademark registration process still involves formalities check, examination, publication, and registration.
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Trademark Examination for trademark certificate
After the Vienna codification is completed, the trademark registration application will be allotted to one of the Trademark Officers. The office will duly examine whether the applicant has followed specified terms as per the law. Post review, the Trademark Officer will issue the required trademark examination report. The Trademark Officer can accept or object the trade mark registration application based on valid grounds.
In case of objection by the trademark officer, applicant needs to file the reply and post that he/she has the right to appear before the Trademark Officer and address the objections. If the officer is of the view that everything is fine and according to law as per the reason stated by the applicant, the trademark would be Okayed for trademark journal publication.
On the contrary, if the officer remains dissatisfied due to some reason related to law in spite of addressing the objections, the applicant has the liberty to appeal the decision of the officer before the Intellectual Property Board.
Trademark Journal Publication
After the examination process, the registrar will publish the proposed trademark in Indian Trademark Journal. This Indian Trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. This is one of the relevant and crucial steps during the Trademark Registration Process, and there has to be no opposition from the public within 120 days from the date of publication. The public has an opportunity to object the trademark if they believe that the registration of the trademark will harm their image.
The third-party can also question trademark registration on valid grounds. If the grounds proved to be valid, a hearing would be called by the Trademark Hearing Officer where both the parties will be given enough opportunity to put forth their justifications. Based on the rationale made and evidence presented, the Trademark Hearing officer can either accept or reject the application.
Online Trademark Registration India
The registrar of trademark will accept your application in case of no objections raised within 120 days. Once the trademark certificate is issued, the trademark is considered the registered trademark of the owner, allowing the owner the exclusive rights to use that trademark for 10 years from the date of the application and this needs to be renewed post 10 years.
The applicant can now use the registered trademark symbol ® beside the brand name.
If you want to save time and headache you should rely on ca services online/ income tax consultant near me option who can help you get logo registration or trademark registration India easily and at an affordable cost.
Lawyers and professionals at DigiNeeraj have already helped millions of customers obtain trademark registration in India.
What is a Trademark registration online?
Proof of the identity of the brand or your business. It could be word, sentence or symbol that helps tour business differentiate your brand
Why is it essential to get a trademark for your brand?
In order to protect your brand, its goodwill and your ideas by trademarking the name /logo/tagline of your business, The process takes time in all the areas concerned, nothing would be worse than not retaining your brand and possibly facing a more prominent company’s breach lawsuit at any point of time.
How to do a Trademark certificate Check?
In order to do a trademark certificate check in India, visit a trademark check database from your web browser and follow the following steps:
1. Select Wordmark at the top of the page as the search type.
2. Enter the exact work of the mark which you are searching in the database of the trademark. The database of the trademark can be viewed on three circumstances against the search request–”start with,” “contains” and “match with.”
· Start with will exhibit all listings in the trademark search registry that start with the value created for search.
· Contains will show all entries containing the value given for search in the trademark search database.
· Match displays all entries in the trademark search database matching the search value.
Enter trademark class that is applicable to you (relevant one). Trademarks are split into 45 classes, each of which represents a separate group of products or services. A registered mark or application for a trademark will only be relevant to the class it was applied for. Click the search to start the search for the trademark.
In what form the Trademark Registration application should be filed?
The trademark registration application is filed in FORM TM-1, FORM TM-2 FORM TM-3, FORM TM-8, FORM TM-51 etc. It is advised to consult an experienced professional or say a lawyer or any person who is experienced in the trademark registration process and has a complete understanding of the process.
For how long is the trademark registration valid?
Any Trade Mark Registration is valid for ten years from the date of application. The registration can then be renewed continually as long as you pay the renewal fees every ten years.
Can I use my Trademark globally?
No. Trademark is territorial, which means if you get a trademark in one specific country, it is valid only in that country
Can I file for registration of a trademark before starting a business?
Absolutely, you can register your trademark by following the specified registration process even before starting a business. It is best to get in touch with professionals who are experienced and provide service to you at an affordable cost. In spite of investing your time to research, study etc. it is best that you directly give it to a consultant and save your time.
When can I use symbol ™ or ®?
You can use symbol ™ after filing the trademark application. While ® should only be used after the trademark is successfully registered.
Is it possible to make any modifications be made in the application or register?
Yes it is possible however its identity should not be significantly changed by the trademark applied for. According to these amendments, the rules set out in the subsidiary legislation are admissible.
Is digital signature mandatory for Trademark Registration?
Yes it is. The digital signature has been made mandatory for online application of trademark.
How to get a trademark certificate?
To get a trademark certificate you need to get in touch with a professional who will help you understand and file the trademark application. Sometimes there are rejection or the authority asks for resubmission of your application. Your professional can handle it well. Either you go for ca services online or professionals dealing with trademark registration to save all your headache.
What are the government Charges for filing a trademark application in India?
Trademark registration fees vary on type of applicant. If you are a single owner or a proprietor Government fee for filing a trademark application is 4500 and for company/ Limited Liability Company it is 9000.
What is Brand Registration, is it different from Trademark Registration or Brand Name Registration?
It is the same thing. Trademarks represent your brand or business identity so trademark registration and brand name registration are the same.
What are the Advantages of filing for a Trade Mark?
A trademark registration has several benefits like getting exclusive use of your log/ brand name, it becomes your asset legally nobody can take undue benefit of it, helps your create and promote tour goodwill, helps you create an identity for your stakeholders.
Are the registered Indian trademarks valid outside India?
No, Trademarks Registered in India may not be valid outside of India. It does not guarantee any legal protection outside India in any other country. To acquire a trademark in a different country a different/separate application has to be filed in the country required. Applications for registration in countries outside India can be based on the Indian trade mark application.
If a foreign application is submitted within 6 months of the submission of the Indian application, the priority of the treaty may be claimed. Such applications are made under the international treaties of Paris, as in the case of patents, but are offered for only six month.
What are different types of trademarks that may be registered in India?
The following are examples of trademarks that can be registered in India.
1. Constructed words or words in any dictionary that do not directly describe the quality of goods / services.
2. Any combination of letters or numbers, or both.
4. Device or symbol.
5 Product or package shape.
7. Graphically represented sound mark.
8. Solid color or combination with words / devices / symbols.
9. It is not uncommon for a mark to be adopted in a commercial transaction, any name, including the personal name or surname of the applicant or predecessor in the business, or the personal signature.
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