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What is Trademark

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Procedure for Trademark registration

  • Trademark search
    Prior to documenting a trademark application, it's prescribed that a trademark search need to be done to know all comparable or existing trademark applications recorded alongside with its status. A trademark search can help to figure out the uniqueness of your trademark as well as protect you from objection. You can complete this search by visiting the “Public search” website.
  • Selection of classes
    In all, there are 45 classes of Trademark, before applying for registration you need to know under which section or class your product lies. Every brand has registered themselves under particular class. Make sure while searching you are aware of the class under which your product lies.
  • Application filing (Get ™ number)
    Fill the form 48, after filing the application you will receive a ™ number by which you can start using ™ symbol as well as the track your application easily.
  • Use ™ symbol
    As soon as you complete filing you will be liable to use the ™ symbol on your Trademark.
  • Vienna classification
    This is a vital step in the Online Trademark registration procedure. The Vienna Classification or Vienna Codification is a worldwide characterization of the components of the trademark. When you have documented an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application peruses,, 'Sent for Vienna Codification
  • Application processing begins
    As soon as the filing is completed, the Government will process the application within 1 year. It can also happen that the Trademark might get rejected or objected in case find similar with existing registered Trademark.
  • The objection of the Trademark
    A trademark application can be objected to during verification, therefore while search you need to make sure that the trademark does not exist. In case your Trademark is objected you need to provide the evidence against it within 30 days of objection.
  • Hearing
    If the officer rejects your application you need to provide appropriate evidence proving the details against the objection. If the registrar is satisfied then he will forward the document. But in case its rejected again then a hearing will be scheduled where you have to explain about the details and why it should be approved.
  • Publishing journal
    In case the application is accepted then it will be published in the Trademark journal for 90 days. In between that period, an individual has an opportunity to raise for an opposition. If it's opposed then the person will get a chance to prove about the oppositio
  • Certificate of Registration
    When you will pass through all these stages, and if the application is approved then you can start using the ® symbol which indicates that the Trademark has been registered. The entire procedure depends on the government which might take a year or two.
  • Infringement trademark
    It is an unauthorized use of a trademark. In case any individual is found doing these will receive a notice for a cease of that Trademark.

Documents Required for Trademark Registration

Documents

Scanned copy of MSME Certificate
Signed Trademark application
JPG Format of Logo/Brand Name

Why Trademark Registration is essential

Trademark SearchSearch Can be done on your own, it is typically much more involved than people realize.
Printing costsIf you don't register and you find out later that another company already has the same or a very similar name, you will have to redo all of your business cards, stationery, advertising, and signs. If you already have registered a domain name, you will have to change that as well.
Liability to Registered OwnerIf you do not register and there happens to be a registered owner of the same or a substantially similar mark, that owner will have an indefinite period of time to find you and sue you for infringement.
Loss of CustomersIn case there are multiple businesses operating on same name, you may lose customers, also it’ll confuse the customers
Option to ExpandYou could lose the right to expand outside the original business area if you do not register.
Enjoy exclusive rightsTrademark registration helps the proprietor to get exclusive rights and use it with every possible ways. Conceivably the most vital explanation behind enrollment of an Trademark is that it categorizes the organization in an authorized firm
Maintains securityAn enlisted trademark can be hypothecated as security, implying that an enrolled exchange stamp can be promised as security to anchor advance offices similarly as steady property can be reinforced.
Explore yourself in other nationsRegistered Trademarks can be utilized in some of the foreign territories and the business can be expanded.
Attract peopleTrademark registration helps to attract human resource as people love to work with brands and Trademark registration helps to make the firm as a brand itself.

When to use (©), (®),(™)?

Knowing when and how to use these symbols can be confusing so we need to understand the terms and conditions for utilizing these symbols. (©), (®),(™) these symbols are as often as possible utilized with a trademark or copyright to show certain parts as protected with the registration.

  • (™) & TM
    A Trademark is commonly a name, word, symbol, image, logo, structure, picture or a mix of every one of these components which is utilized by an individual. This symbol can use with the brand name until your trademark is not registered and the application is in pending status. At the very first, (™) - Trademark & SM - Service mark is used when the trademark is unregistered. ™ is used for representing goods and SM is used to represent services. There is no requirement to use (™) & (SM) as their use does not have any legal significance. But it is better to use it, because when you use the ™ or SM, you advise the viewer about the claim of marking rights for similar mark and avoid duplication of the same mark. Business association, or lawful elements to recognize their items or administrations from others. Unregistered Trademark does not process the statutory right of violence but it has few benefits for using it.
  • ® - Registered mark
    This symbol is used in various countries and it represents that the particular Trademark already exists and protected. There is no right for anyone to use this registered trademark and if used it can become a legal concern for the applicant. This symbol is only allowed to use if the Trademark registration online process is completed. Few countries can show legal consequences in case this symbol is used for unregistered Trademark. It is not necessary for anyone to do any registration for the usage of the ™ symbol but before using ®, it is necessary to register it. There are various benefits of Registered Trademark and the symbol ® such as security for the trademark, the right to use the symbol ® on the product or the brand, conquer the trust of the consumers. In case a registered Trademark is in use then you can sue the opponent for this thing.
  • © - Copyright
    Copyright is a right which exists in many countries, it helps to praise the creator of an original work. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. The symbol © or the word copyright is used to make the general population understand that the work is copyrighted and that you possess the work. In any case, the C symbol is never again required to ensure your work as it's naturally secured when the work is made. In case the copyright sign is used when the application or the creator has the right to sue the person for using the trademark without permission.
  • Patent
    Patent is an elite right for a creativity of someone Which is restricted by law for a specific period of time. By licensing an innovation, the patentee can control the making, utilizing, offering or bringing in of the protected item or process for creating that item without his/her assent. A development relating either to an item or process that is new, including innovative advance and equipped for the modern application can be licensed in India. Patent has its specific advantages such as it gives right to stop others from copying a specific mark, you can license your patent for others to use it, or sell it, as with any asset.

Consistently, the special authorities get a large number of applications for patent filing. And with that not every application gets approved, few of them are rejected as well. The applications are rejected because the authorities might find a similar type of ideas or patents. In this manner, rather than sitting idle on the patent procedure, it is best to search through patent search if there are any comparable innovations/applications effectively protected.

What is included in our package

Included In Package

Carrying out a Search report of the trade markPerusing the formalities check fail (if any)Attending the TLA hearing at the Trade Mark Registry Mumbai.
Replying the objection raised in formalities check failPerusing of an Examination report issued by Trade Mark Registry;Getting the mark published in Trade Mark Journal
Replying the Examination reportFollow up with the Trade Mark RegistryPerusing and Forwarding the Registration certificate to clients.

Trademark Registration FAQs

The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.
The trademark contains four functions which are mentioned below:
Guarantees its unchanged quality.
Identifies its good or services at its origin.
Creates a different image for good and services.
It helps in the advertisement for the product.
Anyone who is claiming to become a proprietor and needs to use the trademark for his/her firm can apply for Trademark registration Online.
LegalDocs will help you to get the Trademark registration done in few simple steps.
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
Any sort of name (including person or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
The right to the proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Sound marks when represented in conventional notation or described in words by being graphically represented.
Monograms
Combination of colors or even a single color in combination with a word or device
The shape of goods or their packaging
Marks constituting a 3- dimensional sign.
The one who has registered their Trademark can utilize various benefits, such as the registered proprietor can create, establish and protect their trademark, this person has entire rights to sue the person who has used the trademark illegally.
Customers attraction will be increased with the symbol ®.
Sue the proprietor in case the registered trademark is used by some other firm illegally.
If two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
International multilateral convention.
National bilateral treaty.
Regional treaty.
The decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
The decision of Intellectual Property Appellate Board.
Text books are written by academician and professional experts.
The register of trademark currently maintained in electronic form contains, the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred, the address of the proprietors, particulars of trade or other description of the proprietor, the convention application date (if applicable), where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.
Yes, few changes are allowed subject to the terms and conditions under Trademark registration.
Yes, it is possible to remove the trademark form the register.
The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.
No, Trademark registration is not mandatory in India, but it is advisable that the trademark should be registered to avoid duplication.
The trademark in India is designated as ® (for registered trademark), ™ (Unregistered trademark)
The proprietor who has registered their trademark can use ® and the ™ defines that the trademark belongs to certain proprietor.
Following mentioned are the marks that can be registered as a trademark in India;
Numerals
Names
Invented words
Letters
Devices
Shape of goods
Slogans
Sound mark
Signature
Yes, as per the Trademark registration, it is possible to register a (3- D) 3 - dimensional trademark.
Yes, as per the Trademark registration, it is possible to register sound and smell.
Domain name is fine to become a trademark but when it comes to the entire URL its is not possible to put this.
No, it is not possible to register a descriptive trademark.
The service mark is similar to the trademark, just the difference is that it defines the service by it.
A collective trademark is used by a particular organization and the members of this organization use it as an identity.
A trademark application can be applied by anyone in India, the person should be the one who needs to claim for trademark registration.
Yes, the foreign proprietors can apply for Trademark registration in India.
Yes, it is possible under Indian Trademark law where the multi-class application can be filed.
Following are the Trademark which cannot be registered:
If the mark is confusing.
The content of the Trademark should not hurt any religious susceptibilities.
No offensive content should be included in it.
The action of violence lies against the person in case a registered trademark is used by some other firm.
Yes, the trademark renewal application is examined in India.
It may take one or two years for completing the process of trademark registration in India.
Yes, Under section 22 of Trademarks Act, a registered trademark can be amended at a later date.
Yes, it is possible to renew the trademark, but certain charges will be levied.
A trademark search can be done on “Public search” website.
Yes, as per the laws the Trademarks do expire within 10 years, therefore the proprietor needs to apply for renewal.
A wordmark is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Example Coca-Cola.
The searching of Trademark for the unique name will be on your risk, in case the name will be existing then the registration might be discarded. In some cases, the existing owner of the trademark might file a complaint.
Yes, it is totally restricted to use competitors Trademark.
You should complete the registration process for Trademark as soon as possible, it will help you to protect your brand and avoid duplications.
There are in all 45 classes while selecting a specific class you need to analyze the product and understand its type. Mention the same type in which the product lies.
It is not possible to submit the company name as well as the logo at the same time, therefore you can do the multiple filing in such cases.
Yes, it is possible to register your name in Trademark registration for your firm.
It is not possible to avoid using the trademark if the business differs but if any of your competitors have used the existing registered trademark then you can stop him from using it.
Geographical identification is a name or design of the product which helps to identify from where the product is originated.
No all countries protect unregistered or common law trademark.
Convention priority allows you to file trademark applications in foreign countries or regions within six months of filing in your home country and have the foreign application treated as if it were filed on the same date as your original application.
No, the trademark is not allowed outside the jurisdiction where it is registered.
Brand name, logo, design, sound, slogan etc can be a trademark.
Visit LegalDocs website and get every detail regarding Trademark registration.
Visit LegalDocs website and get every detail regarding Trademark registration.
Trademark owner can transfer his rights with respect to his trademark either by way of assignment or by licensing.
The Trademark can be sold or the ownership will be transferred as the renewal of the trademark is done.
Yes, as the process of trademark registration is vast, it is possible to buy someone’s registered Trademark.
Even though the mark is dead, it cannot be used without registration, therefore even it is a dead trademark the mark needs to be registered before use.
An unregistered or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service.
The trademark status dead or abandoned means, the trademark is dead or no longer in use. It means that it might not have referred by the examiner.
Copyrights protect a specific term or expression, Trademark protects the brand, Patents helps to protect an invention.
Trademark ™ is typically a word, name, symbol, Registered ® means there is a validation for the Trademark and has been registered, Copyright © is a legal term used to restrict from the usage of a specific existing term.
Yes, it is possible to register a trademark internationally.
The trademark registration should be done as soon as possible to avoid duplication.
The brand name and trademark are different but people get confused with them. For example, Nike Swoosh is a registered Trademark but the brand name is Nike.
Visit LegalDocs website and get detailed information for the registration and the procedure for registering trademark.
Yes, it is possible to register an acronym as a Trademark, it can be considered as one f the unique trademarks.
An applicant requires specific documents and need to follow a few terms for the assignment of Trademark.
No, it is not mandatory to register Trademark in E-commerce.
The class-2, class - 9, class - 42 will be required for mobile app trademark registration.
Class - 9 falls for mobile cover trademark registration in India.
In case the trademark is opposed you need to the applicant needs to provide proof in support of the opposing, and later on you will have the opportunity to reply on the same.
The IPTMO (Indian patent Trademark office) finds whether the trademark is registrable or not, in case it is then it will be registered successfully.
Yes, the IPTMO has every right to refuse the Trademark in case it is found offensive.
Visit LegalDocs website and apply for Trademark registration, you will find the easiest and efficient service from us.
It is not illegal to run the business without registration of Trademark, but it is necessary to protect the Trademark.
It will take 6 months or more for completing the renewal of Trademark.
LegalDocs will help you to register your trademark with easy procedure. Here you don’t need to visit any agent, just rest at home and complete the entire registration procedure.
You should be aware of the value of your business and objects, according to that you can analyze the price for your trademark.
No, the Trademark registered in India is not valid worldwide.
LegalDocs will help you to register your trademark with easy procedure. Here you don’t need to visit an agent, just rest at home and complete the entire registration procedure.
No, a foreign trademark cannot be used in India, as a registered Trademark has specific locations where it can be used.

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