Trademark is a word, name, logo, tagline, unique symbol, label, combining with numerals and different varied colours. Trademark is used for both goods and services and it’s to distinguishing business goods among similar products. It is considered as important business asset.

Who can apply for trademark?

A person who wants to claim ownership on a specific and unique word or a logo can apply for trademark registration. It should belong to goods or service.

How to select a trademark?

Three points to be taken into consideration while choosing a name First - avoid choosing a word that is descriptive of the goods or services. Example: Open Doors as brand name for Doors will not be allowed and Second - Avoid general names of any form – say backbone, lake view, power, liquidity etc, Third - avoid existing names, similar / phonetically similar names.

What is trademark classification?

Trademark registration is made over 45 difference classes according to the NICE classification. Each class representing different set of goods and services. While filing a trademark application its mandatory to mention good or service category.

What is trademark objection?

Once the application for Trademark is filed, the registrar will examine the application based on the Similar / General names already in record, if the trademark application filed found to be similar with existing name in record or general name, the register will raise objection we have to submit our response along with supporting documents within One Month from the date of receipt of objection or have to apply for a hearing. If the reply is not filed within one month application will be refused.

What is trademark advertisement?

It’s followed after the acceptance of trademark, The Trademark filed by us found to be unique after examination the examiner will accept the trademark, It is the process conveys and granting an opportunity for the public to raise opposition if any infringement found on this trademark. The trademark will be allowed for registration after 4 months from the date of advertisement.

What is trademark opposition?

Opposition of trademark is a opportunity given to public after the advertisement of trade mark in the Journal of trademark registry, any person can file opposition to the registration of the trade mark within 4 months from the date of advertisement. A third party usually oppose when there is a similar trademark to their existing trademark is published in the Journal. It’s mandatory to file counterstatement within two months from the date of opposition.

What is the validity of Trademark?

A trademark is obligatory and renewable one from time to time. Failure to renew may lead to the removal of trademark from the trademark register. Renewal is due after the ten years from the date of filing Trademark application.

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Importance online trademark registration

Trademark registration India safeguards your brand name during business expansion, proving more advantageous than seeking a new one.
With a trademark that has online trademark registration, other entities cannot use the name without your consent, enhancing business development.
Properly registered and easily recognizable names contribute to customer loyalty, promoting business longevity.
In the online and social media landscape, a registered trademark facilitates greater customer engagement.
As an intangible asset, a trademark registration fosters positive emotions, contributing to business growth effortlessly.

For Online Trademark registration in India

Submit copies of the logo
provide PAN Card
Aadhar Card.
Proof of address (latest bank statement, telephone bill, EB, or mobile bill).
Include a signed Form-48
For LLP or company, the Certification of Incorporation.

Step 1: Trade mark search & documentation

Initiate the trademark registration process by filing an application to reserve the company's logo or brand name. Receive the necessary documents for further verification.

Step 2: Draft a form

Upon receiving the application, the Central Registration Centre (CRC) may approve or reject it.

Step 3: Form 48 and TM-1

The trademark attorney prepares an application, and Form 48 and TM-1 are drafted for approval and signature by the trademark applicant. A bond is created on a ₹100 stamp paper.

Step 4: Registration filing:

Complete the trademark filing with the trademark registry, ensuring the required payment is made.

Step 5: Confirmation alert

After the Online Trademark registration process concludes, the government periodically updates the application status. In case of objections, a response must be submitted within 30 days.

FAQ'S

A trademark comprises elements like a word, name, logo, tagline, unique symbol, label, number, or colours. It serves for goods and services, distinguishing similar commercial products. Regarded as a crucial business asset, a trademark safeguards a brand's identity, promoting recognition and differentiation in the market.

To assert ownership of a distinctive word or logo, individuals can seek trademark registration, specifying its connection to goods or services. This process safeguards unique brand elements.

When selecting a first name, consider these three factors. First, steer clear of descriptive terms for goods or services; for instance, "Open Doors" wouldn't be permitted as a door brand. Second, avoid common names like "Backbone," "Lake View," "Power," or "Fluidity." Third, refrain from using existing names or those that sound similar phonetically, ensuring a unique and distinct brand identity.

Trademark registration spans 45 distinct classes under the NICE classification, each corresponding to various goods and services. When filing a trademark application, it is essential to specify the relevant category of goods or services involved.

Following the filing of a trademark application, the Registrar conducts an examination based on names already registered. Subsequently, applicants must provide feedback or request a hearing. Failure to respond within one month leads to application rejection. It's crucial to engage in the process promptly to ensure successful trademark registration.

After the approval of a trademark, the unique nature is confirmed through examination, leading to acceptance. This initiates a phase where the public can oppose the trademark if any infringement is identified. Following a four-month period from the date of advertisement, the trademark is officially permitted for registration, completing the process.

Trademark opposition provides the public with a chance to contest a trademark's registration. Following the trademark's publication in the Registry Journal, anyone can oppose it within four months. Typically, this occurs when a similar trademark is discovered. If facing opposition, it's obligatory to file a counterstatement within two months from the opposition date. This process ensures fairness and resolution when conflicts arise over trademark registration.

Renewing a trademark is mandatory and should be done periodically. Failure to renew can result in the removal of the trademark from the register. Trademarks need renewal after ten years from the initial application date.