Easily Register Trademark | The Filing Desk

What is a trademark?

A trademark is a type of property category that includes the human intellect's conceptual creations. It consists of a distinguished design or signature. It could also be a combination of logos, symbols, words, phrases independently; or a combination of the same. This term is often confused with "copyright", although there is a difference between a trademark and copyright.

Trademark could be summarized as a tagline or a trademark with logo.

For the sake of corporate distinctiveness, trademarks are often displayed on the product itself, vouchers, coupons or sometimes even the company buildings.

If you are looking for a Trademark consultant in Noida, contact us at theFilingDesk.com.

Registered Trademark | Trademark symbol

Trademarks types

Generic (It originally does not classify as a trademark till it involves a specification of some sort.)
Descriptive Mark
Suggestive Mark
Fanciful Mark
Arbitrary Mark

Why to take a Trademark?

A trademark symbol distinguishes a specific product or service's brand holder. The purpose of this is to set apart the trademark design's affiliated source from the others.

Trademarks make it easy for your target audience to find you:
Trademarks/brands are an effective commercial communication tool for acquiring customer attention and distinguishing your business, products and services. The customer's mere sight to the trademark helps in recognizing who they are affiliated, instantaneously. Besides, having a trademark adds an inessential enhancement to the reputation of your business. It makes your customer less probable to get diverted to another company giving a similar product/ service. For Example; the "Swoosh" symbol is the trademark of Nike.
Using a Trademark is a SEO strategy (Trademark Public Search/ Trademark India Search)
When looking for your products and services, your brand is the first item that consumers access over a search engine or social media platform. This aids in Search Engine Optimization (SEO). Higher traffic on a website or social media platform results towards higher rankings, bringing in more sales, more buyers and more recognition of the brand.

Trademark Registration Process can be a little challenging, but we are here to make it easy for you.

Documents required for Trademark Registration

Sole proprietorship

Logo to be registered

Trademark Form 48

To provide an attorney with authorisation to file your trademark application

ID and Address Proof

Partnership / LLP / Company – Small Enterprise or Startup

A copy of the logo

Signed Form 48

Udyog Aadhar Registration Certificate (Optional)

Incorporation Certificate or Partnership Deed

ID and Address proof of signatory

Note: Logo copy should preferably be black and white. Besides, if you do not have a logo, the text/ tagline can be trademarked too.

Trademark Registration Process

Trademark Search Online

The businessman or a trademark specialist must perform a trademark search of the trademark database before beginning the registration process. A trademark check will provide details about the same or identical trademark already registered with the registry of the trademark. You can search for trademark availability by visiting the website of the Trademark Registrar. This can also be done via Trademark Online Registration portal of Trademark India.
Upon completion of a trademark public search, the trademark registration application can be submitted to the Trademark Registrar. The application must be made in the specified manner and charged in accordance with the registration fee.
Trademark Filing
Once the Trademark registration application has been lodged with the Trademark Registrar, within one or two working days a trademark request allocation number will be issued.
- For trademark status check: Through the Online Trademark Search facility(https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx), the trademark application status can also be tracked online. Normally, the trademark holder may affix the Trademark symbol next to the logo when receiving the trademark application allotment amount.
  After the application is filed, the company can use the trademark symbol (TM).
  After complete registration process the person can use "R" symbol. It stands for "Registered Trademark".
Vienna Codification

The Vienna Classification or Vienna Codification, set up by the Vienna Agreement (1973), is an international classification of mark figurative elements. Once the application for registration of the mark is made, the Vienna Classification will be applied to the mark by the Trademark Registrar based on the figurative elements of the mark. While this work is continuing, the trademark application status usually reflects as "Sent for Vienna Codification."

Trademark Application Process (Government)

The government processes the application in the span of one year. If the application resembles an established trademark application, an objection would be raised by the Trademark Examiner. The proposed trademark will be published in the Trademark Journal once the trademark registration request is approved by the Trademark Registrar. Once the trademark is published in the trademark paper, if they feel the registration will affect them, the public can object to the trademark's registration. The mark will usually be announced within 12 weeks – months if no appeals are lodged within 90 days.
Upon receiving a trademark objection, the applicant may respond within 30 days to the concerns raised by the examiner to explain why, despite the objection, the mark should be registered.
In the event that the examiner requires additional information or documents or is not satisfied with the documents submitted in response to the objection, he / she may request a hearing. A Trademark Attorney may represent the applicant with the Officer concerned in a hearing to explain why the trademark should be registered.
If the government accepts the trademark application, it would be published for a period of 90 days in the Trademark Journal. Any individual can, during this period, object to the registration of the tag. The Trademark Registrar would provide the claimant and the counterparty with an opportunity to present their concerns in the event of opposition.
If no opposition has been lodged, or if all objections have been removed, the label would be reported. The applicant would be having a trademark tm licence and can now start using the R symbol. The trademark validity would now be for 10 years from the application date and can be extended at the end of 10 years.

For any assistance regarding Trademark registration in Noida Sector 63, contact us at thefilingdesk@gmail.com.

FAQs (Frequently Asked Questions)

What can be registered as a trademark?

Is my trademark valid all over the world?

Patents and trademarks are territorial and must be filed in each country where protection is sought.

Is a trademark valid for goods only?

A trademark typically protects brand names and logos used on goods as well as services.

When can I use the TM symbol and the R symbol?

After the trademark application is filed, the company can use the trademark symbol (TM).
After complete registration process the person can use "R" symbol. It stands for "Registered Trademark".

What is the fee structure for filing and registration of a trademark in India?

The trademark government fees can be summarised as:

INR 4500 for sole proprietorship.
The government fee for trademark filing for partnership firms, LLPs and businesses that do not have UdyogAadhar is INR 9500.

Note: The firm/company holding MSME/Udyogadhar registration can avail benefit of discounted fees of INR 4500 only!

What should I do if someone is using my trademark?

First, determine whether a trademark infringement has occurred. To do this, you must be able to show that the infringing trademark is being used on the same or different goods or services that are licensed for your trademark.This also involves where the trademark infringement is quite close to your trademark and causes confusion about the source of the brand.

If you suspect the infringement of your trademark, you should consider taking action. But first of all, always seek professional advice from an experienced trademark attorney. Usually, they will advise the infringing business to send a cease and desist letter.

What is trademark opposition?

A trademark opposition proceeding is an administrative proceeding before the Trademark Trial and Appeal Board (TTAB), similar to a civil federal lawsuit, in which one party seeks to prevent another from registering a trademark.

Is trademark registration mandatory in India?

Registration of trademarks is compulsory in India, and only registered trademarks can exercise their rights under the said Act.

Whether foreigners can also apply for registration of their trademarks in India?

You can easily submit an application for a trademark in India as a foreign national or foreign organization.

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