Trademark Registration
Get Online Trademark TM Registration and Protect your Brand
Easy Process and Documentation
WHAT IS TRADEMARK REGISTRATION ?
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.
As per the Trademark act, Trademark registration in India helps the applicant or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to avoid duplication within the trademarks.
WHAT IS BRAND REGISTRATION OR BRAND NAME REGISTRATION?
Now lets see the four basic steps in which we will know how to register a brand name in India. First step has domain registration which includes the registration of the domain before initiating a online business. Second step is Business registration needs to be done with the brand name. Third Step the most important step is Trademark registration where you have to apply for trademark online and register your brand name or logo.
Fourth Step This one is another important procedure is to copyright registration which will avoid duplication of your brand name and logo.
WHAT IS LOGO REGISTRATION?
Logo registration has numerous advantages once your brand reaches to a certain level. The little exertion it takes will enable you to build up your entitlement to the logo (or even word, sound, graphics) in court, keeps comparative names from being enlisted by different organizations who has similar business type and is a benefit for any investor.
WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA
The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.
WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA
- 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.
Document Checklist
Director KYC documents
- Scanned copy of Registration Certificate
- Signed Trademark application
- PAN Card or Passport or Election ID Card
- Scanned copy of Voter's ID/Passport/Driver's License
- JPG Format of Logo/Brand Name
Frequently Asked Question
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.