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Trademark Registration

What is Trademark?

A sign, design or expression used for distinct your products or services from others is called TRADEMARK.It creates your unique Identity in the Market.

Registration of Trademark

Registration of a trademark protects the entity’s brand from being stolen by other. This helps to keep away from unnecessary legal proceedings. This particular brand or symbol once registered becomes an intangible asset for a business which helps to protect the entity’s investment. A trademark can be registered if it is not similar to another entity’s symbol. This gives a separate identity to your own products or services. Also, if a trademark is offensive, generic, deceptive, similar to another trademark, contains specially protected emblems, etc., then it cannot be registered. Just the registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Once the Trademark is registered, it is valid for Lifetime but it should be renew on every expiry of 10 yearsfrom the date of application.

There are Total 45 class under which one has to search under which class its business falls. Class 1 to 34 cover goods and Class 35 to 45 Cover services. Multiple- Class application can be done to seek Registration for more than one class and to streamlines the process but you have to be very cautious before filing a multiple class together as it increase chance of rejection of the application so it is suggested that if you are 100 % sure that your name is unique or distinct from others than only file multiple class together.

Note: Even if you have registered your Company still your Company’s name is in danger as any other individual who makes an application for Trademark of same name which you are already possessing may even file a suit against you within 3 years of your company formation or change of name of the Company. And Because of which Central Government may direct you to rectify your Company Name.

INDIVIDUAL

GOVT FEES INR 4500

INR 2,000
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START UP / MSME

GOVT FEES INR 4500

INR 2,000
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COMPANY / LLP & OTHERS

GOVT FEES INR 4500

INR 2,000
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Documentation Required

  1. Identify the appropriate class of trademark
  2. In case of logo/device mark, the image in JPEG
  3. Authorise our trademark attorney for filing
  4. Draft user affidavit and get it notarized
  5. Fill Trademark Questionnaire Completely

Basic Package

Public Search of Trademark Database

Classification of Trademark /Brand

Drafting of User Affidavit

Filing of Application for Trademark Registration

INR 2,000
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Silver Package

Everything from Basic Pack +

Tracking and Updates on Trademark Status 

Departmental Followup for Early Examination

Drafting & Filing of Reply to Examination Report

INR 6,000
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Gold Package

Everything from Silver Pack +

Departmental Liasioning for Early Publication

Attending 3 dates of Hearings before the registrar

Drafting & filing of representations and evidence

INR 24,000
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Frequently Ask Questions on Trademark:

What is a trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).

It should be capable of distinguishing the goods or services of one undertaking from those of others.

It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

Who can apply for a trademark?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi.

Who benefits from a trademark?

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same.

The Purchaser and ultimately Consumers of goods and services get options to choose the best.