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Trademark Registration Solutions :

Trademark Registration is a process that protects distinctive names, symbols, logos, phrases, and other identifiers associated with goods or services. The primary purpose of trademark registration is to prevent others from using similar marks that could lead to confusion among consumers and dilution of the original mark's distinctiveness.

In India, you can register diverse items as "brand registration".

The primary purpose of a "logo registration" is to help consumers easily identify and associate goods or services with a specific source, conveying information about the quality and origin of the products or services bearing that mark.

Trademarks can take various forms:

  • Word Marks: Consist of words or letters.
  • Design Marks: Logos and symbols
  • Combined Marks: Incorporate both words and designs.

After the Brand is registered the owner gets rights to use the Brand name.

 

Trademark Symbols and Their Uses

In general, three types of symbols are used in different cases as explained below:

R Symbol

The R symbol Shows the trademark is registered and the Certificate issued by the trademark government office no one can apply the same name and secure your brand name from trademark copycats.

™ Symbol

This symbol indicates that you have applied for trademark registration to be a registered brand after a waiting period of 4 months or more. The user may also be granted common law trademark rights by using the TM symbol.TM means you received the application number and you can continue to use this brand name along with the TM symbol.

 

Trademark Classes

Trademark categories under the mentioned 45 classes and by the verification of trademark class and nice classification and WIPO you have verified your trademark class suitable for your goods and services with which you are dealing.

Some of the Examples trademark classes in India are:

  • Class 9: which includes computer electronics,
  • Class 25: which includes clothing,
  • Class 35: which includes advertising online marketing.
  • Class 41: which includes education and entertainment.
  • Class 3: which includes Cosmetics
  • Class 5: which includes Medicine
  • Class 30:which includes Food

 

Trademark Registration offers several benefits :

To individuals and businesses. Mentioned below benefits of brand registration or Trademark Registration:

  1. Exclusive Rights: Trademark registration provides the full authority and power to use the brand name all over India and no competitor can copy the same.

  2. Brand Protection: Trademarks are crucial for building and protecting your brand's identity. They help consumers identify the source of products and services, fostering trust and loyalty. Registered trademarks deter others from using similar marks that could damage your brand's reputation.

  3. Legal Protection: Trademark registration provides stronger legal protection compared to unregistered marks. If someone infringes on your registered trademark, you have the right to take legal action, which may include seeking damages, injunctive relief, and attorney's fees.

  4. Asset: Once registered Brand name becomes then asset for you and your business. It can increase the overall value of your company, and you can license or sell trademark rights to generate revenue.

  5. Distinctiveness: A registered trademark adds a level of distinctiveness to your products or services, setting them apart from competitors.

  6. Long-Term Protection: Trademark registration Validation for 10 years and you can easily renew the same brand name before 6 months of the expiration date by Legal Bharat Services.

 

Requirement for Apply Trademark Registration India :

It Can vary depending on the jurisdiction you're applying in:

  1. Capability: The mark must be capable of identifying your goods/services. Generic or highly descriptive terms might face challenges during registration.

  2. Use in Commerce or Intent to Use: Some jurisdictions require that you provide evidence of actual use of the mark in commerce before Trademark registration. In other cases, you might be able to apply based on an intent to use the mark in the future.

  3. Clear Description of Goods/Services: Your application must specify the goods or services for which the trademark will be used. This is typically done using the international Nice Classification system.

  4. Availability: A comprehensive trademark search should be conducted to ensure that the proposed mark is not already in use for similar goods or services by another party.

  5. Proper Representation of the Mark: You need to properly represent the mark. This could be a visual representation of a logo or a stylized wordmark.

  6. Correct Applicant Information: The application should include accurate information about the applicant, such as an individual or a legal entity. This includes the name, address, and sometimes the nationality.

  7. Filing Fees: Our Filing Fees is 999+18% GST For each application plus the goverment fees.

  8. Power of Attorney (if applicable): If you're using a representative, such as a trademark attorney, you might need to provide a power of attorney authorizing them to act on your behalf.

  9. Consent for Certain Marks: In some cases, if your proposed mark is similar to an existing mark, you might need to obtain consent from the owner of the existing mark to proceed with registration.

  10. Specimens of Use: If your application is based on the actual use of the mark, you may need to provide specimens showing how the mark is used on the goods or in connection with the services.

  11. Trademark Application: We will provide you Questioner Form which you need to fill out along with the related documentation.

 

Several types of Brand registrations offer varying degrees of protection and benefits:

  1. Standard Character Mark (Word Mark): This type of registration protects the textual representation of a brand name, slogan, or other word-based mark. It typically provides broader protection as it covers various stylizations and formats of the text.

  2. Logo Devices Mark: This protects the Logo design and symbol.

  3. Device and Brand name: This Trademark registration secures both the Trademark brand name and the logo that you use with your brand name.

  4. Shape Mark: Product or packaging shape can be registered as a trademark.

 

Documents Required for Trademark Registration:

The list are mentioned below:

  1. Image of the trademark
  2. Power of Attorney (drafted by us)
  3. User affidavit 
  4. TM-A form (drafted by us)
  5. ID proof of the applicant along with address.

Sample Certificate

Trademark Registration

Faq

A trademark is a distinctive sign that identifies and distinguishes the goods or services of one business from those of others. It can be a word, logo, symbol, slogan, or a combination thereof.

Trademark registration provides legal protection and exclusive rights to use the mark in connection with specific goods or services. It helps prevent others from using similar marks that could cause confusion or dilution of your brand.

The duration varies by jurisdiction. In some cases, it can take several months to a year or more, depending on factors like the workload of the trademark office and potential oppositions.

"TM" stands for trademark and can be used to indicate that you're claiming rights to a mark, even if it's not registered. "®" symbolizes a registered trademark, indicating that the mark is officially registered.

While it's possible to register a trademark without a lawyer, legal assistance is recommended. Trademark attorneys can help with proper application submission, searching for conflicting marks, and navigating potential issues.

A trademark search involves checking existing trademarks to determine if your proposed mark is already in use. This helps you avoid conflicts and increase the chances of successful registration.

It's possible to trademark common words if they are used in a unique and distinctive manner in relation to specific goods or services. Generic or highly descriptive terms might face challenges.

A domain name can also be a trademark if it meets the requirements for distinctiveness and is used to identify goods or services. However, not all domain names are automatically eligible for trademark protection.

After successful registration, you gain exclusive rights to use the mark for the specified goods or services. It's your responsibility to monitor and enforce your trademark against potential infringers.

Yes, trademarks can be renewed for additional periods, often every 10 years. Regular renewal and payment of renewal fees are required to maintain trademark protection.

Trademark infringement occurs when someone uses a mark that is confusingly similar to a registered mark in a way that could lead to consumer confusion about the source of goods or services.