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Trademark Registration Overview
A trademark is a graphic symbol, which could be a word, name, object, label, or set of numbers, that a company uses to set its products apart from those made by rival companies. A registered trademark serves to safeguard a company's investment in its brand or logo as an intangible asset or piece of intellectual property. If a trademark is distinctive for the products and services you offer, it might be registered. A proposed trademark cannot be registered if it is the same as or nearly identical to an already registered trademark. Additionally, trademarks that are insulting, generic, misleading, lack distinctiveness, contain specifically protected insignia, etc. are not registrable.
Period for registration of a trademark
In 2010, an amendment to Section 23 of the Trademark Act, which governs mark registration, took effect. According to the amendment, a clause was added to the provision that states that, unless the Central Government directs otherwise, the Registrar must register the trademark within eighteen months of the application's filing date once it has been accepted and not opposed, or if opposed and found in the applicant's favour.
In the event that no third party files an opposition, the procedure of trademark registration generally takes between 18 and 24 months to complete.
Documents required for Trademark Registration
Individuals & Sole Proprietorship
- In India, anyone can simply register a trademark, whether they are an Indian citizen or a foreign national. A legal or business entity need not be created in order to register a trademark. Additionally, the paperwork needed to register a trademark in a proprietorship's name is the same as for an individual, as seen below:
- A black and white, preferably, copy of the logo (Optional). If no logo is provided, a trademark application for the word may be made.
- Endorsed Form 48. Form-48 serves as the applicant's authorization for a trademark attorney to file the trademark application on the applicant's behalf.
- Identity documentation for the proprietor.
- Address verification for the proprietor or individual.
- Partnership / LLP / Company – Small Enterprise or Startup
- The trademark registration charge ranges from Rs.4500 to Rs.9500. Small businesses, start-ups, sole proprietorships, and individuals are all eligible for the cheaper trademark fee of Rs. 4500. The applicable trademark government charge is Rs. 9500 for all other entities. The applicant would have to present an Udyog Aadhar registration certificate in order to be considered a small firm. Furthermore, the following information would be necessary in addition to the Udyog Aadhar registration.
Partnership / LLP / Company
A partnership firm or LLP would need the entrepreneur to submit the following :
- Copy of Logo (Optional)
- Signed Form-48.
- Certificate of Registration for Udyog Aadhar
- Certificate of Incorporation or Partnership Deed.
- Identity of Signatory Document.
- Address on Signatory Proof.
Other Applicants
The following documents must be submitted by all other applicants, including businesses without Udyog Aadhar registration, in order to register a trademark in India.
- Logo copy (Optional)
- Signed Form-48.
- Certificate of Incorporation or Partnership Deed.
- Identity of Signatory Document.
- Address on Signatory Proof.
FAQ
What is a Trademark in India?
The term "trademark" refers to a symbolic or visual representation intended to safeguard any symbol, word, colour, name, label, device, etc. that a person uses on his or her goods and services.
What are the Functions and Roles of a Trademark?
A trademark serves a number of purposes, including indicating the source of goods and services, assuring their quality, publicising those products and services, and developing a brand's identity.
What are the Different Types of Trademark Symbols available in India?
Trademark symbols come in three basic varieties: TM, SM, and R.
Who gets benefits from a registered Trademark?
A trademark benefits the registered owner of the goods and services.
What are the advantages of trademark registration?
The fundamental benefit of a trademark is that it aids in maintaining the distinctiveness and individuality of the products and services for the owner.
What is the foundation of Indian trademark law?
The Trademarks Act of 1999 and IPAB decisions serve as the foundation for trademark laws in India (Intellectual Property Appellate Board).
Can I change or modify my application for Trademark Registration?
Yes, a trademark applicant is permitted to make amendments to their trademark registration application. He or she is not permitted to significantly change the nature of the products or services, nevertheless.
Is it possible to strike-off a registered Trademark from the register?
By submitting an application to the registrar in the required manner, it is possible to remove a registered trademark from the register. The justification for removing the name must also be stated.
How can I check if a name is already trademarked?
To check a name, follow these steps: go to the official website; click "Related Links"; choose "Trademark Status"; pick "Trademark Application"; and last, click to launch Trademark Public Search.
What are the different types of Trademarks available in India?
Trademarks can be classified as suggestive, fanciful or arbitrarily designed, generic, or descriptive.