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Trademark Registration Online
A trademark is a unique identity which makes a product or service unique that stands out from the rest that is similar to it. The unique expression or unique identity can be a logo, slogan, photograph, word, smell, sound, colour combination or graphics and so on. Most of the companies usually choose for registration of the name or logo of the business only. If you want to come up with a unique logo or idea, then the only possible way is to register it as a trademark to protect the name or logo as your own unique identity for many years. A registered trademark registration online is technically known as the business’s intangible asset or intellectual property. It is like a protective cover of the company’s investment made in their unique logo or brand.
In India, trademark registration online regulated and registered under the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. And it can be registered under the act The Trademark Act, 1999. The registration allows the company the right to sue against an individual or entity whoever tries to copy your trademark name or logo or brand. in simple terms, no one can use a trademark similar to the one which is already registered by another individual or entity. If you register a trademark, then you can use an R symbol with your trademark, and the validity of that particular registration process is about 10 years exactly from the date of registration. Actually, obtaining a ™ is easy as it takes around 3 days whereas to obtain an ®, it takes nearly 2 years. in case, if your registered trademark is nearing its expiry date, it can be re-registered or renewed for another ten years.
As per the trademark rules of India, things like sound, words, logo, phrases, images, colours, symbols, initials or a combination of all the mentioned can be registered as a trademark. All of these things should be made use to make your company registration online or business stand out from the crowd or from a similar business.
Benifits of Trademark Registration Online in India
Business Opportunity
A product or service that has been marketed under a brand registration trademark aids in building up trust, quality, reliability, and goodwill in the customer’s mind. It provides you with a unique identity compared with other sellers particularly when you trade it on online platforms like Flipkart, Amazon, and so on.
A Legal Protection
No one can use your registered trademark and In case if you doubt anybody to business that your trademark is being copied, you can file a case legally and sue them for registering your brand name, registered logo or slogan.
Obtain your Unique Identity
Customers usually identify a particular service or product only with their brand name. Hence by registering a trademark it assures that competitors should not use it and your trademark remains as a company’s unique asset for a long time.
An Asset
The trademark is considered as a valuable asset as it creates a brand name and succeeds in it. And it can be contracted, traded and franchised in a commercial manner.
Global Filing of Registered Mark
A trademark which is filed and registered in India can also be registered in other countries too. Likewise, foreigner brands or companies can also file a trademark registered in India.
Documents required for Trademark Registration Online in India
The documents required for trademark registration online would include:
- PAN Card details
- Passport
- Aadhar Card
- Incorporation Certificate or Registration Certificate
- Trademark owners ID proof
- Logo as available and applicable
- The proof of address.
- MSME Certificate
A formal letter which is duly signed by you allows us to register for the trademark registration process. After receiving the authorization letter with all needed documents, you can file the application online with prescribed brand name registration fee payment. After the verification process, you will receive the confirmation of the application, once receiving this, you can get the right to use the ™ symbol.
During the trademark registration online process, the documents you required to provide are mentioned below:
- Applicant’s name
- Type of business
- Objectives of Business
- Registration address
- Brand/logo/slogan name
- Identity proof and Business proofs
- The trademark owner or the individual who is empowered by the trademark owner requires to present their identity proof such as Aadhar card, passport, driving license, ration card, voter’s id and so on.
TYPES OF TRADEMARK REGISTRATION IN INDIA
Trademark Registration in India
Taking a trademark registration online would help a business entity make use of certain symbols or even words that represent the business and the products or the services made available by them. This will also help in marking the products and services offered by them as unique ones when compared to the competitors or the rivals. And the trademark registration taken by one person or business cannot be taken by any other person or business entity. It acts in the form of an asset that would equip the business to protect its brand name which is a major part of its credibility and identity.
Eligibility for Availing Trademark Registration Online in India
- Individuals
- Business entities
- Non-Profit Organizations
- Proprietorship entities
- Joint Venture
- Foreign Company
- Indian Company
- LLP or Limited Liability Partnership
- Trust
- Society
Types of Trademark Registration Online in India
The types of trademark registration online that can be taken in India have been discussed below:
Product Mark
This is majorly representing the product or a good that is sold by an entity. It will help in marking and registering the origin of the product which would help the entity maintain its credibility. The trademarks application made from 1 to 34 are considered to be the ones taken for marking the products or the goods.
Service Mark
It is marking a service rather than a product for distinguishing the proprietors from the real owners of such similar services being provided. It shall be filed under the class of trademarking starting from 35 to 45.
Collective Mark
It is used for calling out to the public the differential features or attributes that are held by a product or a service which is representing a collective of the same. This can be used by both individuals and groups such that they can collectively protect the goods or services and such entities can either be a company formed under Section 8 of the Companies Act, an association, or even a public institution.
Certification Mark
This helps in denoting the origin, the quality, material used, and other specific details of the products which are being sold. This is basically done to provide customers an assurance that the product is certified and marked after making itself taken through several quality checks and standard tests. This type of trademark registration online is generally sent on foods that come packed or even toys.
Shape Mark
This will help in marking and protecting the shape of a product which would make it easy for consumers in the market to relate it directly with the particular producer of the goods and buy it from them along. But it is important that the product is having a noteworthy shape.
Pattern Mark
This can be done for those products which are having a noteworthy pattern which is acting as the factor differentiating and distinguishing the same from the other products. For this, the patterns should stand out and should be remarkable and unique.
Sound Mark
This is the marking given for a sound that can be associated with a product or the service that is having its origin with a certain vendor of the same. It is also known as audio mnemonics and is seen either at the beginning or end of an ad, say the IPL tune.
The Detailed Procedure of Trademark Registration Online process in India
- Step 1: Search for the trademark which should be done for different combinations in the intellectual property websites.
- Step 2: Then the application shall be prepared by the attorney who is a Trademark Attorney and for approval of signature of the applicant, the form namely Form 48 and TM-1 shall be used.
- Step 3: The Government Processing is the next step involved and here the status of the processing of the submitted application should be checked on a periodic basis. And if the applicant receives any rejection or objection a reply shall be filed not more than 30 days from receipt of such rejection.
- Step 4: Filing of the application is to be completed with the trademark registration online. Here the prescribed and applicable fees shall also be made.
The procedure starts from the trademark search step, the search is conducted using the trademark(™) director. It is important to have a detailed check on the trademark logo and brand name and select the one which is not yet registered by anybody else’s or by any entity. The trademark can be filed once it is found that the selected brand name is unique. in case your brand name or logo is already filed by someone else just find ways to alter or modify it so that your registration process does not get cancelled.
Class Selection
After selecting the name you have to apply for trademark registration online, it is important that you need to apply it in the right classification of classes. The trademark provides you with the right to trade the product or service under a particular brand name among a certain sector in the economic system.
Preparing the Application
After choosing the brand name or logo registration is unique, it can be registered with the prescribed application by drafting the authorization letter. Then fill out the application form with all the needed documents for the trademark registration process.
Using Logo with Tagline
in case a trademark application is made for a tagline of the company or business with only words then there is no need for a business logo. If it is a logo, then it should be filed in black and white format. The number of words in the logo should match exactly the same as referred in the application for a TM register process.
Form 48
Then an attorney is authorized to submit for the trademark application to the Trademark registrar. The trademark user affidavit should be filed if an argument for the previous trademark was made in the application.
Important things about the Trademark Registration Process online in India
Using the advent of technological advances, nowadays, the registration process of trademark registration can be done online and it is a very simple process. And with the help of a registered Trademark attorney, you can file online e filing trademark without any extra effort like visiting the registry office.
The Vienna Codification Process Vienna codification is one of the crucial steps in the trademark process as it is an international classification which is provided to your trademark registration once you fill the application form and at this stage, your application will be denoted as – ‘Sent for Vienna codification.”
The Examination of Trademark Once the trademark application is filed for Vienna classification, the trademark will be inspected by the Trademark officer as per the specified terms and conditions. Depending on the certain guidelines and procedures, the officer might reject or accept the application as per his/her discernment. Hearing before concerned Trademark Register/officer in case, your trademark registration online is rejected, then you can go for a hearing and if the officer gets convinced with the submitted documents then the application will be accepted. And in case, the officer is not convinced, the application gets rejected once again.
R Symbol
After a trademark is registered online, the applicant can start out using the ® symbol to mean that the trademark is filed and protected from violation as per the Trademark laws.
TM Symbol
™ Symbol The ™ symbol used by the trademarks which are unregistered and this symbol is thus used to point that a trademark application exists in the trademark company name process.
SM Symbol
The Service Mark or ‘SM’ symbol is used in the service industry, especially for service mark applications which are registered under class 35-45.
Frequently Asked Questions
The Trademark Registry has classified into 45 classes. Every application must state the trademark class/classes the goods/services belong to. The trademark should be registered only under those specified classes.
The ™ symbol used by the trademarks which are unregistered and this symbol is thus used to point that a trademark application exists in the trademark registration process.
The approval process completely depends on the government’s judgment. And if it is unique, it has a high chance of guarantee approval.
Yes, i can file the trademark in your own name
Yes, as per the terms of Section 22 of the Trademarks Act, a certified trademark can be amended and also it enables the improvement of the mark presented..
Yes, smells and sounds are registrable as a trademark.
The Indian registration of a trademark or service mark may not be completely valid in foreign countries as this Indian trademark registration process shall serve on the basis on the desired countries.
