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Trademark Registration Online in India

A Trademark Registration Online is a unique identity that provides uniqueness to your product or service in a way that stands out from the rest in the business market. This unique identity can be a logo, photograph, slogan, smell, word, sound, graphics or colour combination and so on. For what reason your product or service attracts the consumers, hold that and play in the Market! Register Trademark in India to protect your distinct identities with Ritedger experts!

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Overview
Importance
Procedure
FAQ

Trademark Registration Online in India

A trademark is a unique identity which makes a product or service unique that stands out from the rest that is similar to it. The unique expression or unique identity can be a logo, slogan, photograph, word, smell, sound, colour combination or graphics and so on. Most of the companies usually choose for registration of the name or logo of the business only. If you want to come up with a unique logo or idea, then the only possible way is to register it as a trademark to protect the name or logo as your own unique identity for many years. A registered trademark is technically known as the business’s intangible asset or intellectual property. It is like a protective cover of the company’s investment made in their unique logo or brand.

In India, trademark application are regulated and registered under the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. And it can be registered under the act The Trademark Act, 1999. The registration allows the company the right to sue against an individual or entity whoever tries to copy your trademark name or logo or brand. In simple terms, no one can use a trademark similar to the one which is already registered by another individual or entity. If you register a trademark, then you can use an R symbol with your trademark, and the validity of that particular registration process is about 10 years exactly from the date of registration. Actually, obtaining a ™ is easy as it takes around 3 days whereas to obtain an ®, it takes nearly 2 years. In case, if your registered trademark is nearing its expiry date, it can be re-registered or renewed for another ten years.
As per the trademark rules of India, things like sound, words, logo, phrases, images, colours, symbols, initials or a combination of all the mentioned can be registered as a trademark. All of these things should be made use to make your company or business stand out from the crowd or from a similar business.
Entities like Private firms, companies, individuals, LLP’s, or NGO’s can apply for trademark registration. Companies like NGOs, LLP’s have to apply for the registration process in the name of the concerned business.

Importance of Trademark Registration

Business Opportunity

A product or service that has been marketed under a brand registration trademark aids in building up trust, quality, reliability, and goodwill in the customer’s mind. It provides you with a unique identity compared with other sellers particularly when you trade it on online platforms like Flipkart, Amazon, and so on.

A Legal Protection

No one can use your registered trademark and In case if you doubt anybody to business that your trademark is being copied, you can file a case legally and sue them for registering your brand name, registered logo or slogan.

Obtain your Unique Identity

Customers usually identify a particular service or product only with their brand name. Hence by registering a trademark it assures that competitors should not use it and your trademark remains as a company’s unique asset for a long time.

An Asset

The trademark is considered as a valuable asset as it creates a brand name and succeeds in it. And it can be contracted, traded and franchised in a commercial manner.

Global Filing of Registered Mark

A trademark which is filed and registered in India can also be registered in other countries too. Likewise, foreigner brands or companies can also file a trademark registered in India.

The detailed procedure of the Trademark application filing process

The procedure starts from the trademark search step, the search is conducted using the trademark(™) director. It is important to have a detailed check on the trademark logo and brand name and select the one which is not yet registered by anybody else’s or by any entity. The trademark can be filed once it is found that the selected brand name is unique. In case your brand name or logo is already filed by someone else just find ways to alter or modify it so that your registration process does not get cancelled.

Class Selection

  • After selecting the name you have to apply for registration, it is important that you need to apply it in the right classification of classes. The trademark provides you with the right to trade the product or service under a particular brand name among a certain sector in the economic system.

Preparing the Application

  • After choosing the brand name or logo registration is unique, it can be registered with the prescribed application by drafting the authorization letter. Then fill out the application form with all the needed documents for the registration process.
Documents required for Trademark Registration

A formal letter which is duly signed by you allows us to register for the trademark registration process. After receiving the authorization letter with all needed documents, you can file the application online with prescribed brand name registration fee payment. After the verification process, you will receive the confirmation of the application, once receiving this, you can get the right to use the ™ symbol.

During the trademark registration process, the documents you required to provide are mentioned below:

  • Applicant’s name
  • Type of business
  • Objectives of Business
  • Registration address
  • Brand/logo/slogan name
  • Identity proof and Business proofs
  • The trademark owner or the individual who is empowered by the trademark owner requires to present their identity proof such as Aadhar card, passport, driving license, ration card, voter’s id and so on.

Using Logo with Tagline

  • In case a trademark application is made for a tagline of the company or business with only words then there is no need for a business logo. If it is a logo, then it should be filed in black and white format. The number of words in the logo should match exactly the same as referred in the application for a TM register process.

Form 48

  • Then an attorney is authorized to submit for the trademark application to the Trademark registrar. The trademark user affidavit should be filed if an argument for the previous trademark was made in the application.

Important things about the Trademark Registration Process online

  • Using the advent of technological advances, nowadays, the registration process of trademark registration can be done online and it is a very simple process. And with the help of a registered Trademark attorney, you can file online e filing trademark without any extra effort like visiting the registry office. The Vienna Codification Process Vienna codification is one of the crucial steps in the trademark process as it is an international classification which is provided to your trademark registration once you fill the application form and at this stage, your application will be denoted as - 'Sent for Vienna codification.” The Examination of Trademark Once the trademark application is filed for Vienna classification, the trademark will be inspected by the Trademark officer as per the specified terms and conditions. Depending on the certain guidelines and procedures, the officer might reject or accept the application as per his/her discernment. Hearing before concerned Trademark Register/officer In case, your trademark application is rejected, then you can go for a hearing and if the officer gets convinced with the submitted documents then the application will be accepted. And in case, the officer is not convinced, the application gets rejected once again.

Trademark symbols and its utilizations

  • R Symbol : After a trademark is registered, the applicant can start out using the ® symbol to mean that the trademark is filed and protected from violation as per the Trademark laws.
  • C Symbol: ™ Symbol The ™ symbol used by the trademarks which are unregistered and this symbol is thus used to point that a trademark application exists in the trademark company name process.
  • SM Symbol: The Service Mark or ‘SM’ symbol is used in the service industry, especially for service mark applications which are registered under class 35-45.

Frequently Asked Questions

The Trademark Registry has classified into 45 classes. Every application must state the trademark class/classes the goods/services belong to. The trademark should be registered only under those specified classes.
The ™ symbol used by the trademarks which are unregistered and this symbol is thus used to point that a trademark application exists in the trademark registration process.
The approval process completely depends on the government's judgment. And if it is unique, it has a high chance of guarantee approval.
Yes, i can file the trademark in your own name
Yes, as per the terms of Section 22 of the Trademarks Act, a certified trademark can be amended and also it enables the improvement of the mark presented..
Yes, smells and sounds are registrable as a trademark.
The Indian registration of a trademark or service mark may not be completely valid in foreign countries as this Indian trademark registration process shall serve on the basis on the desired countries.
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