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Trademark Registration

About Trademark Registration

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.

The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark.

The main function of the Registry is to register trademarks which qualify for registration as per provisions of the Trade Marks Act and Rules, and to maintain the Register of trademarks.

After accession to the Madrid Protocol, a treaty under the Madrid System for international registration of trademarks, the Trade Marks Registry also functions as an office of origin in respect of applications made by Indian entrepreneurs for international registration of their trademarks and as an office of the designated Contracting party in respect of international registrations in which India has been designated for protection of the relevant trademarks.

The Head Office of the Trade Marks Registry is at Mumbai and branch offices are at Ahmedabad, Chennai, Delhi and Kolkata. For the purposes functions related to international applications and registrations under the Madrid Protocol, an International Registration wing is set up in the Head Office of the Trade Marks Registry at Mumbai.

The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS. He, from time to time, assigns functions of the Registrar to other officers appointed by the Central Government and such officers also function as Registrar in respect of matters assigned to them.

Presently all the functions of the Trade Marks Registry are performed through an automated Trade Marks System. The Central Server of TMR is at Intellectual Property Office (IPO) Building in Delhi and Disaster Recovery server is at IPO, Mumbai. All branches of the Trade Marks Registry are connected to the main server in Delhi with Virtual Private Network (VPN). All the actions done by the office staffs through the TMS are recorded in the central server on real time basis.

Trademark in India is registered by the controller general of patents design and trademarks. Logos are registered under trademark Act. 1999 and trademark owner has right to sue for any loss of revenue or reputation when infringements of trademark occur.

Trademark is any unique name of products or services that can be differentiated from others it may be a logo, graphic, photograph, word, sound or even smell. A company should register its brand name or logo.

A registered trademark is an intellectual property for a company and is used to protect the company's investment in the brand. Trademark registration enables owners to establish right to the trademarks easily in the court proceeding and earn royalties or recover the loss from the illegal use of a registered trade mark.

Trade mark Act supersedes all other laws related to brand name protection. A trademark search is easy, and you can quickly check whether it can be registered with the same name, to check if your brand name matches with existing brands. You can quickly register your trademark or logo within 3-4 working days.

Packages includes following

Trademark Research : A thorough search & research of the TM directory with a registration class.
Drafting of authorization letter : We will draft authorization letter to file a trademark application on the behalf of brand owner
Discussion for Registration : Advice on the classes you need to apply under trademark act.
Final Application & Advice on Logo registration : After Client approval on trademark class of registration and we will file a final application for the trademark.
Regular notification : You will receive updates until registration is done.

Advantage of Trademark Registration

Legal Protection

The proprietor of a registered trademark is allowed to take action or sue for loss or damages caused by any third party. Brand value

Trademark registration creates an intellectual property of a company; trade is an intangible for a company. A registered trademark can be sold or can franchised, or licensed to generate revenue.

Trust or Goodwill

Customer prefers to buy product or services from a brand or company whose trademark is registered. Customer feels secure about the reliability of the brand.

Trademark Registration Process

1.On Call discussion and Document collection

We will check proposed business name or brand name to be registered and if proposed name is available for activity you are looking for. We will then send you an authorization letter in our favor.

2. Final submission of document

We will ask you to share a logo for trade mark registration in JPEG format. Trademarks can be registered for a particular sector. You can also register one brand name for multiple business activities.

3. Final disposal of your application

Registrar of trademarks will take 24 months to validate the applied brand name is not in consistency with any other existing registered trademarks in the same class, if you have applied for similar brand name or with more similar logo of registered trademarks, the registrar of trade mark will raise objection. Registrar may also object if they notice that the logo obscene, hurts religious sentiments or believes that it is likely to cause confusion. If it has no objection, Registrar of trade makes an advertisement in the Trade Marks Journal for inviting objection from other business owner. If objection raised by any other business owner shall be heard by the authority under the act.

Documents Required

Documents required while registration

PAN Card or Passport or Election ID Card
Scanned copy of Registration Certificate
Scanned copy of Voter's ID/Passport/Driver's License
Signed Trademark application
JPG Format of Logo/Brand Name

FAQs

What is a trademark class?

The Trademark laws has classified goods and services under 45 classes. With each application, applicant has to provide a class under which they are willing to register a trademark.

Can I run a trademark search at my own?

Yes, you can visit trademark website and make sure that your proposed business name is not similar to a registered trademark in same business activity.

Can I use the ™ symbol?

You can use TM symbol in just 2 days.

What if someone has a similar word trademarked?

You have to re-design your logo so that you can differentiate your business name with the existing registered trademark.

Should I file the trademark in my own name or company name?

Trademark application should be filled on the company name.

for more details fill up following form

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