Online Trademark Registration - TM Application online
Protect your brand name, slogan or logo.
Apply now and use the trademark symbol beside your brand name in just five working days.
Online Trademark Registration - An Overview
A trademark can be defined as the unique identity of any brand that makes your product or service stand out from the others. The unique identity or expression can be a word, logo, photograph, color combination, slogan, sound, smell even graphics. Usually Most of the businesses look for registration of name or logo only. If you have come up with a unique idea and logo the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s also known as intellectual property or intangible asset. It acts as a protective cover of the business’s investment made in the brand or logo.
Trademarks in India, are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can register your trademark under the act named, The Trademark Act, 1999. The registration provides the right to use against others who try to copy your logo, brand name or trademark. Also, no one else can use a similar trademark to the one registered by any other person. Once you register a trademark, you can use an R symbol along with brand name and it will be valid till 10 years from the date of registration. You can easily get a ™ within five working days. But, to get an ®, it takes up to two years. In case the trademark registration is nearing expiry date, you have option to choose always to get it re-registered for another ten years.
What can you Trademark?
According to the trademark rules of India – items like word, logo, photograph, color combination, slogan, sound, smell even graphics initials or a combination of all these can be trademarked. All of these should be made use to make your business’s product or service stand out from the others.
Who can all apply for Trademark?
A trademark application can be done by any individuals, private firms, companies, LLP’s, or NGO’s. In the case of companies, LLP’s or NGOs the trademark has to be applied for registration in the name of the concerned business.
Why is Trademark Registration important in India?
A Great Business Opportunity
A product or service being sold in the market under a registered trademark helps in building up brand value, trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other available sellers in the market especially when you sell it on online platforms like Amazon, Flipkart, etc.
A Legal Protection
In case you doubt that your trademark is being copied by anyone else, you can resolve the issue legally and sue them if you have registered your brand name, logo or slogan.
Get Your Unique Identity
Customers will identify your brand with a particular product or service. Registering a trademark ensures that competitors will not use your brand value or unique identity and hence it remains a business’s unique asset.
An Asset
The trademark can be a valuable intangible asset in case your brand creates a name and succeeds. That can be franchised, commercially contracted, even sold.
Global Filing Of Trademark
A trademark which is filed and registered in India, that can also be filed in other countries outside India. Similarly, foreigners can also get a trademark registered in India.
How did we help with Trademark Registration?
A detailed Trademark application filing process
Trademark Search
We help with your trademark search by conducting the search using trademark(™) director, also conduct a detailed check on the trademark brand name and logo that you had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once if it is found to be unique. In case your brand name or logo is already registered by someone else, we help you find alternative ways to modify it so that your registration does not get canceled.
Class Selection
While applying for registration of a trademark, you need to apply it under the right classification of classes. We help you choose the right class under which your business needs to register. The trademark(™) offers you the right to sell goods and services under a particular brand name within a certain sector in the economy. In total, there are 45 sectors and each sector is known as a class. Goods and services are classified into 45 different types of classes by the Trademark Registry. Every brand name or logo has to be registered under the appropriate class. For example, Class 28 includes products and services related to sports, toys, and games. Hence, if you are planning to launch a new toy brand, then have to apply under Class 28.
Preparing The Application
After we ensure that your logo or brand name is unique and can be registered, we proceed with the application by preparing the simple authorization letter first. This gives us the actual right to make the trademark registration on behalf of you. After that, you have to sign the letter and return it back to us. We further help you fill out the form by the expert and keep updating you about the proceedings until the registration process is complete.
Documents needed for Trademark Registration
An authorization letter that is duly signed by you allows us to file for trademark registration on your behalf. After receiving the authorization letter, our expert start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the trademark application, after that, you will get the right to use the ™ symbol.
While filing for the trademark registration, the documents you have to provide are as follows:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
Identity And Business Proofs
The trademark owner or the person who is authorized by the trademark owner needs to submit their own identity proof. It can be your Aadhar card, voter’s id, ration card, driving license, or passport.
Using Logo With Tagline
If a trademark application is made for a tagline with only words there is no need for any logo. In cases where a logo is used, then it should be recommended to submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for trademark registration.
Form 48
On your behalf, an attorney is authorized to file for the trademark registration application with the Trademark registrar. The trademark user affidavit should be submitted in the case of a claim for the previous trademark that was made in the application.
Important things to know about the online Trademark Registration Process
Nowadays, with the advent of technological advancements, a trademark registration process can be easily made online. You can get the help of a registered trademark attorney to file online without taking an effort to visit the trademark registry office.
The Vienna Codification Process
In the trademark registration process, Vienna codification is a crucial step. It is known as an international classification that is given once you fill the application form. Then, your application for registration will be denoted as – “Sent for Vienna codification.”
The Examination Of Trademark
After the trademark registration application is given for the Vienna classification, the application will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the trademark application as per his/her discretion.
Hearing Before the Trademark Register/Officer
If the trademark application is rejected, the applicant has the option to go for a hearing. If the officer convinced with the provided documents then the application will be passed and the officer is not convinced, once again the application gets rejected by the trademark register/officer. If you are not fully convinced about the reason for rejection, then the Intellectual Property Appellate Board can be contacted.
Trademark symbols and their usages
R Symbol
You will get the R symbol as soon as you file the trademark application for registration. This symbol helps to protect the brand by trademark from getting copied by others.
™ Symbol
This symbol is for unregistered trademarks. It warns others from copying your brand name, logo or symbol. It actually does not give you copyright protection, and others can use your logo or name in the case of your application gets rejected by the officer.
C Symbol
The C symbol stands for contents that do not have any copyright issues. The symbol ‘C’ is mandatory in many countries for copyright claims.
SM Symbol
The service industry uses this symbol. The symbol is applicable for classes that are from 35 to 45. It is also not guaranteed protection against any copyright issues.
Why LegalMaps
√ We conduct a thorough search of availability to the TM directory
√ We prepare the authorization letter, so our expert can file for trademark registration on behalf of you.
√ We offer you advice on the right classes you need to apply under.
√ We assist you in filling up the application forms with the Registrar
√ We constantly provide you with every stage of updates until the registration process is complete.
FAQs on Filing a Trademark
The Trademark Registry has classified the goods and services industry under 45 classes. Your application must mention the trademark class/classes of the goods/services industry represent. The trademark would be registered only under those 45 classes.
If your trademark belongs/similar to an existing application, it would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it makes any confusion. So you never register the word ‘car’ for a car brand, but may do so for a brand of electronics item.
As soon as you file the trademark application, you receive an acknowledgment, which gives you the actual right to use the ™ symbol. Once it’s finally registered, you can use the ® symbol.
Before selecting a brand name, you just need to check if it can acquire the legal rights necessary to hold on it. This is because of the commercial rights to a brand name belonging to the owner of its particular trademark. To find out if your trademark has already been taken or not, you can run a trademark search anytime, which is basically a trademark database search of India’s Intellectual Property Database. Now, running the search is easier. Begin by selecting the wordmark and typing in the word(s) you want to register. The results will automatically tell you whether there already is another registration in that name or not.
If there is one, check its status. If it is either applied, approved, objected or opposed, it makes sense to select another name, also check for phonetic similarities with other already registered names. By way of this, you need to select the dropdown at the top of the page. While the phonetic search most of the time isn’t very accurate, you can say with certainty that your selected trademark will be approved if there aren’t any relevant matches here either.
If your brand name has already been registered under a different class, you’re still in luck. Unless the brand is too well known (Fiat or McDonald’s, let’s say), your application is likely to be approved. On the other hand, a trademark has been registered by any other brand after you began using it, you should take the matter seriously.
You can’t get the word, but all hope is not lost. You could instead design with a unique logo for your business/brand and include the name in it. You can take BMW as an example. The BMW word is within the logo. A prefix would also be allowable. This is also known as a logo composite mark. So there is a way out of this, but it is best to pick a unique name.
It depends entirely on the government officer’s judgment. But if your selection is unique, it is a high chance that it will be granted.
Many business start-up founders register it in their own names, while large businesses would prefer to do so in the name of the firm/company. This is because the future of a business start-up is always in doubt. If it is owned by the founder, the trademark would be valid regardless of the state of the firm/company. A trademark license agreement needed in this case.
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