03 Jan 2018Posted By: chaman


Trademark registration in India

These days when there is a cut-throat competition between the ventures, everyone is trying to capture a huge amount of market share. Hence, new opportunities are coming every day. New ventures are being launched with innovations in their ideas. Ventures are trying to present a better product to their customers in comparison to their competitors. Hence, the organizations need such a way so that they can differentiate their products from their competitors. But the question now arises that how can the ventures protect the expressions which help them to differentiate from the other homogenous products. Here, comes the Trademark. Trademark can be defined as any mark or graphical symbol which is used to distinguish the products and services from others. For example company name or logo, brand or product. It is essentially used for branding. Trademark is very important for any business because it prevents others from copying and takes benefits of your company’s goodwill.

In other words, you can say that Trademark lets you register any word, sign and symbol. If you have registered for trademark then you must renew after every 10 years.

 

Who can register for Trademark?

Individuals, businesses and nonprofit organizations can apply for the trademark. Any person who is not in the business can also file for Trademark if in case he is going to use the proposed word and symbol in the future.  If a nonprofit organization is applying for trademark then the name of Chairman or Secretary or Managing Trustee must be mentioned. In case of Proprietorship firm, the full name of proprietor must be mentioned. If a partnership firm is applying for the trademark, then, the names of the partners must be written.

 

What can be registered as Trademark?

  • Monogram
  • Any name (including personal or surname or signature of person)
  • Letters or numerals or combination of both
  • Devices i.e. Image with logo
  • Combination of colours
  • Marks constituting a 3-Dimensional sign

 

What are the types of the trademark that can be registered?

According to Indian trademark law there are following types of trademarks that can be registered:-

  • Product trademark – These are the trademarks that are used to affix on the goods
  • Service trademark – These are used to identify the services. Example broadcasting service, retail outlets etc.
  • Collective trademark – the Collective trademark can be used by a group of people of any institute or organization.
  • Shape Marks – It is used for those products which can be distinguished on the basis of their packaging let say Coca-cola.
  • Pattern Mark – Pattern means a particular set of design. If a pattern is able to distinguish the product then Trademark can be registered on such pattern.
  • Sound Mark – Any musical note, sound graphics or words that can be used as a notation of sound can be registered under trademark. Let say Nokia tone

 

Is the registration for Trademark compulsory?

No, registration for the trademark is not compulsory. But if you have not registered for trademark regarding your symbols, logo, words and designs then anyone can use it without your consent for making any benefit and you cannot claim against it since non- registration under trademark carry no legal rights on it.

 

What is the process and procedure of Trademark registration in India?

  • Upload your logo, design or symbol on our website
  • Choose Package and Pay online with different payments modes available
  • Our Professionals will preliminary check the uniqueness of trademark design, logo, shape.
  • We will Prepare trademark application & obtain applicant signature on relevant documents.
  • Submit trademark registration application before the IPR department.
  • Provide acknowledgement & do continuous status tracking of the trademark

 

What are the information or documents required for registering in the trademark?

  • Applicant’s name and address
  • Identity proof of the applicant
  • Nature of business where such logo need to use
  • Soft copy of the logo to be registered under trademark
  • Date of first use of trademark in India
  • Power of attorney signed by the applicant

 

In case you need assistance with the Trademark Registration you can fill out our inquiry form and arrange a call from E-Startupindia business advisors at 8881069069.

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