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Trademark registration is a legal process that provides the owner of a trademark with exclusive rights to use the mark in connection with the goods or services for which the mark is registered. The registration of a trademark helps to protect the brand identity of a business and prevent others from using a similar mark that may confuse consumers.
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Overview of Trademark Registration
Get your Trademark Registration done with the help of the best team of Trademark Attorney, Patent Attorney, Advocates from the best Law firm. Free trademark search, Free advice for trademark class search, Know all about intellectual property rights and know how to check the trademark application status.
- A trademark is a unique expression which may be a word, slogan, name, device, label, graphics, or numerals used by a business to distinguish its goods or services from other similar goods or services originating from a different business.
- Through trademark registration, you can protect your brand or logo by restricting other people from using the same. It is an intangible asset for a business.
- Trademark is a proof which denotes that you are the owner of your brand.
- In case someone copies your brand name for his business or tries to use/misuse a trademark without prior permission from the owners of that particular trademark with the intention of misguiding customers and hurting the brand image, then if your brand name is registered, you have the exclusive right to take legal action against such person restricting them from using your brand name.
- Any person or business i.e. individual, company, proprietor & society who claim to be owner can apply for a trademark.
- Generally, it is advisable to apply as an individual as it will remove the scope of becoming it invalid as in the case of company or proprietor when they close down or wind up their business.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.
It is advisable to get your trademark registered even before incorporation/registration of your company as it takes almost 2 years to get it registered but you will get a trademark license within 3 days by the department.
So, firstly you should do close research about the trademarking & availability of desired trademarks. There are 45 classes of trademarks. In this research, we will help you & will give you full assistance in trademark registrations.
Advantages of Trademark Registration
|Legal Protection||Registered Trademark provides the legal protection to the owner of the brand name to take legal action against the person who copies or misuses the brand name of the owner.|
|Unique Identity||Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.|
|Business Opportunity||Trademark registration creates an intellectual property, which is an intangible asset for an organization. A registered trademark is a right that can be sold, franchised or commercially contracted to earn huge money into consideration.|
|Trust or Goodwill||Registered trademarks can be used to create a sense of trust, goodwill, and quality in the minds of your customer that is unique to your business.|
|Business Growth||Registered trademarks give popularity to a brand & it can be searched anytime in government trademark database.|
Step 1: Application Preparation: We search the entire Trademark database to check the availability of your brand name. This is to ensure that are no discrepancies and there are minimal chances of an objection being raised in the future. It takes almost 2 working hours. Once we ensure that your chosen name or design is available, we will prepare an authorization letter and send it to you which has to be duly signed by you and returned to us to permit our lawyers to file a trademark application on your behalf.
Step 2: Trademark Filing: Once the trademark application is prepared and signed by you, we can file it with the Trademark Registrar and will share the Government acknowledgment with you and immediately after that you can start using the ™ symbol next to your brand name.
Step 3: Trademark Registration: Once the trademark application is filed with the Registrar, the Government processing will start. The Trademark application process is almost done in 2-3 days but the Government takes 18-24 months to confirm the registration and issue the Registration Certificate for your Trademark. You can start using the ® symbol next to your brand name immediately after the Trademark Registration Certificate is issued. We will keep you updated with the trademark application status till the grant of Registration Certificate.
1. Trademark Application.
2. Specifications of goods or services for which application is made.
3. Representation of mark in prescribed size and format.
Trademark Classes of Goods and Services
|CLASS 1||Chemicals, Resins, and Plastics.|
|CLASS 2||Varnishes, Paints, and Anti-corrosion substances.|
|CLASS 3||Cosmetics, Hair Oils and Lotions, and Cleaning Preparations.|
|CLASS 4||Greases, Lubricants, and Fuels.|
|CLASS 5||Pharmaceutical, Medical, and Sanitary Preparations.|
|CLASS 6||Goods of Metals and Alloys, Ironmongery and Hardware Products.|
|CLASS 7||Equipments and Machinery’s.|
|CLASS 8||Hand-operated Devices and Tools.|
|CLASS 9||Scientific, Electrical, and Technological Apparatus.|
|CLASS 10||Medical and Surgical Instruments and Apparatus.|
|CLASS 11||Heating, Cooling, Drying, and Refrigerating Apparatus.|
|CLASS 12||Land, Air, and Water Vehicles.|
|CLASS 13||Explosives and Firearms.|
|CLASS 14||Precious Metals and Stones, and Jewelry Items.|
|CLASS 15||Diverse Musical Instruments.|
|CLASS 16||Paper Goods, Stationery Products, and Printed Materials.|
|CLASS 17||Rubber and Plastic Goods and Products.|
|CLASS 18||Products made of Hides and Leathers.|
|CLASS 19||Various Non-Metallic Building Materials.|
|CLASS 20||Furniture, and other precious household Articles.|
|CLASS 21||Kitchen Utensils, Household Appliances, and Glass products.|
|CLASS 22||Ropes and Cordage, Fibers, and Stuffing materials.|
|CLASS 23||Threads and Yarns for Use in textiles.|
|CLASS 24||Textiles and Fabrics.|
|CLASS 25||Apparel and Clothing.|
|CLASS 26||Fringes and Fancy Goods and Products.|
|CLASS 27||Floor Coverings and Wall Hangings.|
|CLASS 28||Toys, Sporting, and Sports Goods.|
|CLASS 29||Meats and Processed Food Items.|
|CLASS 30||Auxiliary Food and Beverage Items.|
|CLASS 31||Agricultural and Horticultural Products.|
|CLASS 32||Beers, Light Beverages, and Fruit Juices.|
|CLASS 33||Wines and Spirits.|
|CLASS 34||Tobacco Products and Smoker’s Articles.|
|CLASS 35||Advertising and Business Services.|
|CLASS 36||Insurance and Financial Services.|
|CLASS 37||Building, Construction and Repair Services.|
|CLASS 38||Telecommunication Services.|
|CLASS 39||Transportation and Storage Services.|
|CLASS 40||Treatment of Materials Service.|
|CLASS 41||Education and Entertainment Services.|
|CLASS 42||Computer, Scientific and Legal Services.|
|CLASS 43||Hotels and Restaurants Services.|
|CLASS 44||Medical, Beauty, and Agricultural Services.|
|CLASS 45||Personal and Social Services Services.|
FAQ's Trademark Registration :-
If your trademark is similar to an existing application, it would hurt religious sentiments, contains geographical names or common words.
As soon as you apply, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
It depends entirely on the government’s judgment. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
Trademarks and copyrights are both intellectual property but serve different purposes. Copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance. On the other hand, a Trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan which distinguishes your product from the similar products of competitors.
If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.
Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for a Trademark.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in the trademark database. A proper trademark search is important in the trademark registration process.
Yes, As we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.
Trademarks must be registered for a particular product or service. A single trademark application can be filed to register your product or service under more than one class but the fees for filing under each class increase every time in the same manner as you have filed a single application for a trademark under one class.
No, Trademarks have to be registered in individual countries, depending on the legislation.
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