Trademark Registration refers to its owner gaining the legal right to prohibit others from using that mark in commerce. This means that the trademark owner can use it solely or licencing it to a third party for a fee.
A device, brand, heading, label, ticket, name, signature, word, letter, numeral, a form of products, packaging or combination of colours or any combination thereof that can differentiate the products or services of one person from those of others individuals/corporates.
Trademark is a recognizable sign, style or expression that identifies a product or services of a specific source from those of others. Trademark is governed by the Trade Marks Act, 1999 (as amended) & its rules.
A trademark is employed by the entity on goods or services or other articles of commerce to differentiate it from similar goods or services from a distinct entity. Names, logos, slogans, word signatures, labels, devices (product shape), numerals or maybe a mixture of colours are often proprietary and can be trademarked in India.
However, the foremost popular form of trademark registration is that of trademark registration for a business name or logo.
Once the trademark registration application is filed with the Registrar of Trademarks, the TM symbol can be used next to the logo and logo trademark registration. Once the trademark is registered, the R image is placed next to the logo to indicate that the mark is a registered
Once we file an application for Trademark Registration Online, the initial question always comes to mind: How to do Trademark registration and what's the online trademark registration process?
Trademark Registration Process :
Investing time and money to create a specific brand and seeing a similar brand name used by another, robbing you of your hard-earned brand name isn't a pleasant state of affairs. Many times, trademark (TM) owners protracted litigation because when the time was right, they failed to do trademark registration in India. The Trademark registration process of the brand isn't a tough task. Some easy steps, as explained below, would give you the much-needed legal protection of your brand registration in India.
Following are the stages to be trailed while doing Trademark registration in India:
There's one procedure for everywhere in India, like if we wish to do Trademark registration in Mumbai or Trademark registration in Bengaluru etc. we've to apply online on the Trademark Registration Portal, i.e. https://ipindiaonline.gov.in, wherever applicant will register Trademark registration for logo, word etc.
Step 1 : Trademark Search
Many entrepreneurs need help understanding the importance of a Trademark search. Having a novel brand in mind isn't an adequate reason to avoid a trademark search. A trademark search helps you understand if there are similar logos out there, and it provides you with a good image of wherever your trademark stands; sometimes, it also provides you with a suspicion of the likelihood of trademark legal proceedings. Why waste your money on long trademark legal proceedings later when you can choose to avoid them in the first place?
Step 2 : Filing Trademark Application
After you're sure that your chosen brand name or logo isn't listed in the Trademark Registry India, you'll be able to decide on registering the same. The main step is to file a trademark claim at the Trademark Registry India. Nowadays, filing is generally done online.
Once the application is filed, an official receipt is instantly issued for future reference. Applicants can check their trademark application status online through the Trademark registration status on the trademark portal.
Step 3 : Examination
After a trademark application is filed, it's examined by the examiner for any discrepancies. The examination might take some months. The examiner might accept the trademark categorically, absolutely, conditionally or object.
If the trademark is approved without conditions, it will be published in the Trademark Journal. The report of the examination would detail the requirements that must be met or the Trademark Objections that have been raised if the proposal is not accepted unconditionally. A month would be given to fulfil the conditions or respond to the objections.
Once the such response is accepted, the trademark is printed in the Trademark Journal. If the response isn't accepted, one can request a hearing. If the examiner feels that the trademark should be allowed registration in the hearing, it proceeds for publication within the Trademark Journal.
Step 4 : Publication
The publication step is incorporated in the trademark registration procedure so that anyone who objects to registering the trademark has the chance to oppose the same. The application is published for 4 months and any opposition against the mark can be made within this period. Any party opposing the mark can file a notice of opposition in Form TM-O. Suppose there's no opposition after the specified period from publication, the trademark will proceed to registration. If there is any opposition, the Registrar gives a fair hearing and decision.
Step 5 : Registration Certificate
Once the application proceeds for trademark registration, following publication in the Trademark Journal, a registration certificate is issued under the seal of the trademark office.
Step 6 : Renewal
The trademark may be revived regularly after 10 years. Hence, your logo or brand name registration can be secured consistently.
1. Name or Logo to Be Registered : the logo should be provided in jpeg or .png format with the correct pixel
2. Power of Attorney : To Authorize our legal attorney to take appropriate actions from filing to further process. It should be on stamp paper.
3. Aadhaar of Owner : If a trademark application is to be filled by an individual aadhaar, it helps to gather the relevant data
4. Copy of Board Resolution : This document is needed, within the case of the corporation, to authorize a person amongst the Board of Directors who further authorizes the legal attorney.
Individuals or organizations can use a trademark to shield their products or service. The application needs to be filed mentioning the trademark, name and address of the applicant along with the agent and POA
1. Joint owners :
The Joint owners of a corporation may file for a trademark, and both their names need to be mentioned within the application.
2. Proprietary firm :
One of the easiest business forms concerning value, level of maintenance and establishment, a sole proprietary firm isn't a separate legal entity. Therefore, the one who runs the business is exclusively liable for its debts. Trademark applications for sole proprietorships must be filed in the name of the proprietor rather than the business name and proprietorship name. If a proprietorship name and business name are included in the application, those details are enclosed separately.
3. Partnership firm :
Governed by the Indian Partnership Act, a partnership firm is incorporated when two or more individuals run a business as partners to gain profits that are equally shared or as mentioned in their agreements. When registering for a trademark, a partnership company must mention all the partners' names within the application, with the maximum number being ten. If there's a minor partner, the name of the minor's guardian must be mentioned.
4. Limited liability Partnership or LLP :
As LLP corporations are incorporated on their own identities, this kind of corporation may file for trademark registration under the respective LLP's name. However, the partners themselves can't be candidates.
5. Indian company :
For any Indian company, whether limited or private limited or another sort, i.e. Trademark Registration Company, the trademark application needs to be created within the company's name. It's to be noted that any incorporated entity has its own identity, due to which a corporation director can't be a trademark candidate.
6. Society or trust :
Organizations created with the aim of social work instead of profits fall into Trust or Society. It's known as a Trust if it's established based upon
A legal agreement in which a beneficiary holds the property and nominates trustees to regulate the assets and operations. It should be registered as a Society if many persons come together to fulfil a specific purpose.
Both Trust and Society can do trademark registration, provided it's done on behalf of the Trust or Society and the names of Chairman, Managing Trustee and Secretary are mentioned in the application.
7. An individual or a person :
Individuals who must register their distinctive words or symbols can file for trademark registration below their names. However, it's okay if they have to do business.
Only the entities with registered trademarks can create, establish and shield their goods, services and products, thereby stopping other unlawful use of their mark.
We need to keep certain documents handy to file a trademark application online & one of those papers is the Digital Signature Certificate (DSC). A trademark application will solely be created by a person holding a Class 3 DSC; thus, you must opt for this one.
1. Trademark Registrations Are an Asset
A trademark is an intangible asset to a business that adds worth. It differentiates the product or service from the competitors prevailing within the market.
2. Cost Effective
Registration of Trademark in India is comparatively low cost. The value of filing a trademark has been lowered to simply Rs.4500/-(government fee and taxes). Once the appliance for registration of a trademark is filed, it might take around half a year to 2 years to process the application and grant the certificate, depending on the govt process. The appliance that came 1st will be given priority over the others filed after it.
3. Trademark Registrations Are Valid For Ten Years
Once the trademark is registered, it'll be valid for the next ten years. In between these ten years, no legal obligations, no fees, and different statutory demands concerning maintaining logos are to be done.
4. Trademark Registrations May Be Enforced Against the Company Name
As per the Companies Act, 2013, the corporate name can't be similar or identical to the registered trademark. This provision can block the names that the corporation intends to use in future.
5. Protects Investment In Advertising & Branding
Today's competitive markets have created advertising and a requirement for any business. Businesses pay on various advertising mediums, like digital, newsprint, radio, TV, etc., to market their brand among customers. If a brand isn't TM, the brand may be claimed by anyone. Therefore, filing a trademark application for the brands before the start of advertisement campaigns is vital.
6. Protects Against Unfair Competition
A registered trademark may be used as an efficient weapon against unfair competition. Nowadays, the marketplace is filled with copycats and counterfeiters who exploit unscrupulously used brand names for their edges. A registered trademark is an efficient deterrent against such unfair competition.
Federal Trademark Registration
Registering your trademark with the USPTO creates rights throughout the US and its territories and includes your registration in our publically accessible database of registered TM. You'll use the ® sign and usually have faith in those rights to guard your trademark as you expand your business across state lines. However, the USPTO isn't an enforcement agency; therefore, you may be answerable for pursuing any infringing users.
International Trademark Registration
While there's no such factor as a "worldwide trademark" or a "worldwide trademark registration," you'll register your trademark in multiple countries through the Madrid Protocol. This international treaty permits you to file a single application which will then be applied to any of the over a hundred member countries, as long as you meet the legal needs for registration in those countries.
1. Absolute Grounds : Non-distinctiveness, descriptive of goods/services/ generic mark, contains or includes of matter likely to hurt the religious susceptibilities, contains or includes of immoral or obscene matter or use of mark prohibited underneath Emblems & Names (Prevention of Improper use) Act, 1950
2. Relative grounds : Existence of a prior identical or similar mark, the goods/services of the marks being identical or similar
Applicant files counter statement within two months from receipt of Notice of Opposition. Within opponent files evidence affidavit within 2 months from applicant counter statement. The applicant can file a counter reply for the evidence affidavit within two months from the opponent's filing of the evidence affidavit.
The opponent is given one month from the applicant's second counter reply to file the evidence affidavit. After the pleadings are complete & Trademark registrar will have heard by the opposition.
Intellectual property rights are the rights provided by law for the exclusive use of creations of the mind. Samples of intellectual property include :
Trademark, copyright, and patent are all types of intellectual property. In this article, we glance at intellectual property rights presence in India.
If yes then you are landed on the right, it will file online, and you can contact us at onlinexbrl.com ; our professional team can assist you.
Online XBRL is providing Trademark Registration. So join us to resolve your query now.
Registering your trademark with the USPTO creates rights throughout the whole US and its territories, and includes your registration in our public ally accessible database of registered TM.
you'll use the ® sign and you'll usually have faith in those rights to guard your trademark as you expand your business across state lines. However, the USPTO isn't an enforcement agency; therefore, you may be answerable for pursuing any infringing users.
While there's no such factor as a “worldwide trademark” or a “worldwide trademark registration,” you'll register your trademark in multiple countries through the Madrid Protocol. This international treaty permits you to file a single application which will then be applied to any of the over a hundred member countries, as long as you meet the legal needs for registration in those countries.
1. Absolute Grounds: Non-distinctiveness, descriptive of goods/services/ generic mark, contains or includes of matter likely to hurt the religious susceptibilities, contains or includes of immoral or obscene matter or use of mark prohibited underneath Emblems & Names (Prevention of Improper use) Act, 1950
2. Relative grounds: Existence of a prior identical or similar mark, the goods/services of the marks being identical or similar
Applicant files counter statement within two months from the date of receipt of Notice of Opposition. within opponent files evidence affidavit within 2 months from applicant counter statement. the applicant then can file a counter reply for the evidence affidavit within two months filing of the evidence affidavit by the opponent. An opponent is given one month from the applicant's second counter reply to file the evidence affidavit. After the pleadings are complete & opposition will be heard by the trademark registrar..