trademark registration online documents procedure benefits cost

26 Sep 2022

legaltax

TRADEMARK REGISTRATION ONLINE- DOCUMENT, PROCEDURE, BENEFITS, COST

 

Trademark helps you to describe your projects and shows your profile as a source.A trademark is a name, a logo, or a symbol that is used by a person or a company in its Products and no other company can legally use it. Every startup builds by a positive Reputation if they have their own registered trademark. If that business continuously maintains  a good reputation among people and other companies, people get attached To work with them and work for them.

A trademark relates to a word, a phrase, or a symbol that distinguishes a specific product and legally differentiates it from all other products of the same kind. Trademarks help a product to show and describe itself different from other companies and products and also recognizes the company’s ownership towards the brand. A registration of a trademark is applicable for ten years and can be renewed after every ten year.

 

 

What can be a trademarked ?

1)   Name : a name can be used for making a trademark, a name consisted personal or surname of the applicant or a signature of the applicant can also be used as a trademark

2)  Sound : a sound which is taken in audio format can be used as a trademark for example the sound which is in the ad jingle

3)  Images : any image, symbol, 3 dimensional shapes, letters, monograms,etc can be used as a trademark for example apple logo in I phones

4)  Number : a letters or numbericals or an alphanumeric or any combination of number can be used as a trademark for example 555 brand

5)  Words : a word can be used as a trademark which is not directly expressive the character or a quality of goods / service

 

TYPES OF TRADEMARK SYMBOLS

TM (TM ) : A symbol of TM shows that the trademark or device mark has been appealed with the concerned authorities and is yet to be registered

 R : a symbol of R denotes that the activated trademark or device mark is registered from the concerned authority

 SM(SM) : a service mark symbol denotes that the device mark or the service mark has been enforced with the concerned authorities and is yet to be registered.

 

                  BENEFITS OF TRADEMARK REGISTRATION 

For any business a certified trademark is very important in the long term. some of the benefits of trademark are here:

1)  LEGAL PROTECTION :  a registration of a trademark gives you admirable and legal hand over to someone who tries to copy your trademark.

2) TRUST BUILDING : in the market a trademark helps you to manage and boost your brand value in the market. It builds trust between a buyer and the brand. once a trademark gets registered it creates the face of the company of the goods and services  

3) Cost-effective : a registration of a trademark is very cost efficient. You don’t have to worry about it for at least 10 years if you have certified your trademark. After 10 years you have to renew your trademark registration again

4) VALUABLE ASSET : in India trademark registration creates a slight benefit. Certified TM can be sold, defined, franchised or commercially engaged to bring benefits to the company or an individual owner.

 

TRADEMARK REGISTRATION PROCESS

There is a step-by-step procedure of trademark registration is as follows:

 Step 1 : trademark name search

A trademark search or trademark name search is one of the most demanding factors that complete the registration probability of a brand. Even if it helps individuals choose if the brand name can be certified or not, simply having an uncommon brand name doesn’t guarantee a trademark authorisation.

It is always appropriate to get a trademark availability report before a application of the trademark, as registering a wrong trademark  may lead to wastage of time, money and even and add you in disputed activities

 

step 2 : Filing trademark TM application

·      If the brand name gets chosen and available for certification on the trademark portal, individuals can apply by just paying the government fee of Rs. 4,500. This entire process is digital and can be done with the help of an advocate or using the DSC of the particular.

·      A trademark application can also be made as a word mark (name of the brand) or device mark (logo), three dimensions, sound mark, good shape, and colours. Using a mark can be previous or expected to be used, and selecting the applicable option may boost up the registration process

·      If the name of the company and the name of the brand are same, it must be confirmed that the trademark aspirant is an management instead of an individual

·      Naturally, the trademark cost application for companies is Rs. 9000, but a subsidy of 50% can be satisfied by attaching a startup india recognition certificate or MSME certificate.

·      If the aspirant is an individual, it is commendable not to add their PAN and Aadhaar as a trademark documents and they are applicable in the public domain and hence may have an negative impact

·      The goods and description or taxonomy that is used for a trademark website have to be cross verified from the trademark website as a wrong classification may lead to a compensation of trademark application by filing the TM-M form.

 

 Step 3: trademark examination

If the trademark application gets introduced or submitted, the auditor may point to the efficiency of the application. The pointer may issue a trademark objection report within 60 days from the date of the application in case of any error

·        Due to a lack of understanding  of choosing a brand name around 75% of trademark applications are objected

·        A reply of any objection must be filed within 30 days from the date of beginning of the examination report, if an objection is constructed from the trademark department. A registrar may disregard the application in case of a non-filing of trademark objection reply within the definite time.

·        The application will be transferred to display and cause hearing if the trademark objection response is not approved. Approx. 80% of the trademark objection feedbacks are conveyed to show cause hearing, that's why it is always appropriate to get a trademark objection reply engaged from an accomplished attorney

Trademark application gets presented in a trademark account if it's confirmed unconditionally.

 

Step 4: trademark publication

The application gets circulated to the trademark account on every 14th day. If someone having an objection to the brand name can boost opposition to the trademark registrar within 4 month from the date of beginning of the examination report.

It is forwarded for registration. If there is no opposition to the trademark

 

Step 5: Trademark registration certificate

The registration certificate is issued digitally from the registrar of trademark after finishing 4 months of advertisement of the trademark in the trademark account.

Step 6: Trademark renewal

After 10 years Every certified trademark has to be renewed for the protection of your brand identity

 A trademark registration process can be a cakewalk with an expert attorney. A experienced service can help you to clarify the integrated registration process without residence on the time limit and responses

 

Status Of Trademark Application 

It is always considered to check the status of the trademark application after applying for the enrollment of the trademark. There are distinct status of the trademark application over the trademark status checker. We will examine some of the status of trademark application in detail over here:

  1. Registered –  if the trademark application displays ‘Registered’ then it means the trademark application is accepted and the trademark is certified to the aspirant
  2. Abandoned – the word abandoned means the aspirant has failed to acknowledge to the registrar within the stated time and format
  3. Marked for exam – if the status is ‘marked for exam’ then it signifies that the trademark application is introduced and collected in the 3rd step of procedure to the registrar for the examination report.
  4. Objected – the term objected in trademark application defines that the registrar needs some simplification related to the trademark and objection of trademark is being raised against it. An examination report will be sent to you demanding a proper reply from your side. Failing to do so can result in trademark rejection also
  5. Refused – it means that the application for a trademark application has been refused as per the aspirant’s replies to the Registrar.
  6. Opposed – the term ‘opposed’ means that the trademark application gets disputed by any third party after its publication on the trademark account

 

Online Trademark Registration in India With Legal Tax

 

Process for registering your trademark is complicated, and the ability of an attorney is highly approved. We have legal experts at legaltax who can clarify the whole registration process for you. Apply for trademark registration process online with legal tax:

1)  Just fill our simple form and receive a callback from our team of legal experts

2)  Just provide all the necessary details and documents for the trademark application

3)  We will provide you with a trademark search report

4)  Post-approval, we will draft a power of attorney and form TM-A

5)  You will have to provide signed power of attorney

6)  Approve the draft from TM-A and make the payment

7)  We will apply for trademark registration with the concerned department

8)  You can start using TM with your brand within 24 hours of application

 

Document you’ll get after trademark application

·    Payment challan

·    Receipt of form TM-A

·    Screenshot of application on the government website

 

Documents Required For Trademark Registration

 

The following documents are required for trademark registration:

1) Logo or brand name

2) Signed power of attorney

3) Copy of GST and MSME certificate (optional)

4) Registration certificate of the Entity (optional)

5) Affidavit with supporting documents (only for prior usage)

 

 

 

 

 

 


 

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