We at VGC can
help you to get your Trademark registered.
Trademark Registration plays a vital role in enhancing the
business image and goodwill. Besides, this registration ensures the unique
positioning of goods and services, thereby enabling businesses to reap more
profit. In general, Trademark registration serves as a legit instrument that
provides comprehensive fencing of the company's intangible assets such as brand
name and logo against possible infringement.
Getting Trademark registration is a tedious affair considering
the quantum of compliances presented in the prevailing Act. Presently, it is
governed by the Trademark Act, 1999, which lays down various provisions
relating to registration, eligibility criteria, and type of rights accessible
to the owner.
There are 45 trademark classes and all the goods and services
are categorized across these classes. You need to be very careful while picking
the classes as it will determine the validity of your trademark registration
for your business’ products/services. If your business operates across
different goods/services that fall under different classes, you have to ensure
that you can apply for a trademark online under all the applicable classes
Types of trademarks that can be
registered in India
A trademark refers to a brand or a
logo that distinguish one's product from others. Trademark is the legal term
for "intellectual property".
Trademark can be a word, name, logo,
tagline, symbol, image or a combo of these elements. A trademark identifies the
brand owner of a specific product or service.
Documents required for trademark
application
Note that original papers are not required
to be submitted as part of the trademark application procedure. The criterion
could be met by scanning a copy of the original document. Thus, it become
important to categorize the applicant first. Applicant can be categorized as –
Thus, it become important to
categorize the applicant first. Applicant can be categorized as
1. Individual
2. Sole proprietor
3. Partnership firm
4. LLP
5. Company
INDIVIDUAL OR SOLE PROPRIETOR– In
India, any individual, whether an Indian or a foreign national, can readily
register a trademark. The formation of a legal body or a corporate entity is
not required to register a trademark. Furthermore, the paperwork required to
register a trademark in a proprietorship’s name are the same as those required
to register a trademark in an individual’s name, as follows:
1. PAN Card of individual or sole proprietor
2. AADHAR Card of individual or sole
proprietor
3. Trademark description – description
of goods or services
4. Form -48 (POA)
5. Mobile no.
6. Email id
7. Date of use
8. GST (if any)-
9. LOGO (if any) except in case of
registering of word mark, mention the logo if any logo is there,
PARTNERSHIP FIRM-
Documents required for registering trademark on behalf of partnership firm are
–
1. KYC of all the partners such as PAN
Card, Aadhar card etc.
2. GST (if any)- if the partnership
firm has taken GST in its Name , it must be used.
3. LOGO (if any)- except in case of
registering of word mark, mention the logo if any logo is there,
4. Trademark description- description
of goods or services
5. Form -48 (POA)
6. Mobile no.
7. Email id
8. Date of use
9. MSME (if any)
10. Partnership deed
COMPANY-
Documents required for registering
trademark on behalf of company are –
1. KYC Of partners – of all the partners such
as PAN Card, Aadhar card etc.
2. GST (if any) if the Company has
taken GST in its Name , it must be used.
3. LOGO (if any)- except in case of
registering of word mark, mention the logo if any logo is there,
4. Trademark description- description
of goods or services
5. Form -48 (POA)
6. Mobile no.
7. Email id
8. Date of use
9. MSME (if any)
10. COI-certificate of incorporation
Procedure and process for trademark
application
1. Trademark Search = The trademark
owner will get to know whether they have any existing competition in the same
trade or not, since, all the existing trademarks are available with the
Trademark Registry. Conducting a search gives a warning that whether the owner
will have any risk of using that trademark or is it safe. One other option that you have is to use the unique
name with the generic name.
2. Filing an Application = the
application must be filed in Form TM-A either online from the IP India's
official website. Once the
application is filed with the department an application number gets generated.
The applicant can continuously track the status of his application through that
number. The owner of the trademark is empowered to affix the TM symbol after
obtaining the allotment number.
3. Examination Process= Once the
application is filed, it will be thoroughly examined by the Registrar and they
will prepare an examination in writing and will send a copy of it to the
applicant with 30 days to let them know whether the Registry wants to refuse or
conditionally accept the application and shall also include the materials by
which he came to such a decision. Now a days it generally take 7-8 months for
examination report.
4. Post Examination Procedures= After the
hearing process, if the examiner is fully satisfied, can accept the mark and
forward it for publication in the Trademark Journal or can refuse the
application if any objection is still there.
5. Publication of the Trademark Application = After the
examiner has accepted the application, it will be published in the Trademark
Journal which will remain there for 4 months. Advertisement of such an
application is done so that within the time period stated above, any third
party can see it and if they want can file an opposition against the applicant.
6. Notice of Opposition = Within four
months of the first date of appearance, any person may file a notice of
opposition to a trademark that appears in the trademark journal. It must be
filed on Trademark Form 5 in the prescribed format and with the applicable
fees.
7. Registration = The last step
is to get the certificate of registration. In case where there is no opposition
or any false opposition filed, after 4 months of publication period is over,
within 7 days an auto- generated registration certificate will be issued to the
applicant by the trademark registry office which needs to be renewed after
every 10 years for keeping it alive.
Benefits and Characteristics of
Trademark registration
- Provide
much-needed thrust to a brand value which could further be translated into
increased sales for the company.
- Facilitate
exclusive ownership right to the owner, i.e. ensuring complete fencing of
concerned IP asset
- Enable
companies to reduce marketing campaign budget for promoting particular goods
and services.
- Create
IP assets for the company that can be sold, assigned, franchised or
commercially contracted
- Vest
owners with rights to sue the infringer in case of trademark infringement
Why Trademark Expert / Trademark Consultant is Important
TRADEMARK Consultant is an expert in their field and have deep
knowledge about the TRADEMARK application, what documents required for
TRADEMARK Registration, what are the set formats of documents as per rules and
regulation of TRADEMARK under which only the businessmen is allowed to prepare
the documents and attached in the application. Businesses are not aware about
the right documents and defined formats and face rejection of TRADEMARK
Registration in a case they applied for TRADEMARK Registration in Delhi,
Gurugram, Mumbai ,Kolkata, Hyderabad, Ahmedabad Chennai, Bangalore, Jaipur,
Chandigarh, Amritsar, Shimla, Himachal Pradesh, Uttarakhand, Punjab, Sonipat,
Haryana, Lucknow, Uttar Pradesh, Bihar, Jharkhand, Jammu and Kashmir and other
cities across India without the help of TRADEMARK Expert.
Following are the
benefits to hire the TRADEMARK Agent / TRADEMARK consultant :
- Assist in preparation of TRADEMARK REGISTRATION.
- Assist in preparation of documents and details which need filing
TRADEMARK REGISTRATION. Application will be prepared as per the set formats
defined under TRADEMARK rules and regulations.
- Assist in expedite the process of scrutiny of documents and file
the form in 3 days.
- Time to Time update regarding new rules and regulation published
at TRADEMARK Portal.
For any further query
on our Trademark services please contact us on info@vgccs.in