What is a Trademark?
A trademark is a unique identity of your product or services that defines your brand name to be unique from others. It should be unique in its name, logo, word, packaging labels, symbols, tagline, and wrapper as a combination of these is used by the manufacturers or service providers to identify their own products or services so that it does not clash with the other trademark name. One should always get their trademark registered if they want to get their brand name popular & protected. Trademark plays an important role as it protects your brand name & provides you with a legal identity for it.
Trademarks in India are registered by the controller general of patents designs and trademarks, ministry of commerce and industry, government of India. When infringements in trademarks occur, the trademark owner has the right to sue for damages.
However, if a trademark is already registered with a similar name, then the application can be rejected or cannot be registered.
Why is Trademark Important To Be Registered?
If you register your trademark, you are protecting your brand name/symbol/logo from getting used by others without your consent. It has its own goodwill & serves as a valuable asset for you. It can also be licensed, sold, or assigned in the same manner as other types of asset, like real estate, can be done. If you are registering a Trademark, you are building trust with the customers & the investors. Many reputable companies can create a brand portfolio & use multiple brands simultaneously for different segments of society. You can also promote your brand, as multiple successful brands do. A registered trademark can communicate the quality, vision & unique characteristic of your product. It further increases your brand value.
When to Renew Trademark Registration?
As per Section 25 of the Trademarks Act,1999, a registered trademark in India has a 10 year validity duration.
Thus, one may Renew Trademark Registration with the corresponding Documents after 10 year duration Validity.
What should be written after making an application for Trademark Registration?
TM as a superscript on your trademark logo/wordmark can be mentioned once you are granted an application number by the Trademark Registry office
“Ⓡ” as a superscript on your trademark logo/wordmark can be mentioned only after certificate of registration is granted by the Trademark Registry office.
Trademark Class Details?
Trademark is divided into 45 different classes which are as per the NICE classification also known as the international Certification of goods & services. Among those 45 different trademark classes, 34 classes come under the goods section & rest 11 classes come under the services section. Each of the trademarks shows a distinct set of goods & services. While applying for a trademark, firstly we need to check the availability of the name to avoid discrepancies.
Register a Trademark Online with JustStart
JustStart provides services on time. Super support system, on-call reply, explains each & everything properly to the clients regarding the documentation. JustStart’s team consists of qualified professionals. When you’re getting your trademark registered with JustStart, their team firstly checks out the probability of the brand name & sends you the search report on the availability. It will fully satisfy you Will update your point to point and when satisfied, will file the trademark application. Then further, the application is examined by the trademark registrar. Post examination, if the registrar has no objection, the application will get published in trademark journal for opposition if any from the public at large. If there is any opposition from the public, then the opposition reply needs to be filed.
What Are The Steps For Trademark Registration Online?
Registering Trademark Application online is very simple & easy process:
Step 1: Visit the Trademark Registration Website.
Step 2: Fill all the details of the trademark Registration Form & please make sure the details entered are correct.
Step 3: Make the online payment for your trademark Application.
Step 4: Receipt of the trademark application will get generated. After trademark application filing, you can use your brand name with ™ till you get a certificate of Trademark Registration.
Step 5: After the application has been submitted to the Registrar of Trademark, Trademark registry may then evaluate the Trademark & ensure that it satisfies the registration requirements in India.
Step 6: Reply to the Examination Report within one month from the receipt if any.
Step 7: Advertisement in the Trademark Journal is released for a duration of 90 days in the trademark journal in order to allow the public to file an objection for the mark applied if any.
Step 8: Opposition can be made by any third party to the registration of the Trademark Application within 3 months from the date the Trademark Journal is made available to the public. When there is no opposition obtained during that period, the name would be approved.
Step 9: Certificate of Trademark Registration shall be issued if no objection is received.
Documents Required for Trademarks Registration?
- Applicant Identity Proof – Aadhar Card, Voter Id Card, Driving License, Visa /Passport or Ration Card.
- Business Proof – Certificate of Incorporation or Agreement Deed or Registration in case of a Company or Registered Business.
- Logo- The proposed Logo will be labeled in normal logo sizes of 8cm*8cm respectively. If a word is used for the trademark filing, the logo is not necessary.
- Power of Attorney – If the Application was filed through A TM Agent/ Attorney, the applicant’s signed power of attorney / Authorization in Form -48 is required with an Affidavit.
What are the Registration Fees for a Trademark?
For Trademark Registration, the government fees is Rs 9,000/- If you have MSME Registration Certificate, the fees shall be Rs.4,500/-.
It is beneficial to get MSME Registration Certificate among other benefits to reduce the trademark registration government fees.