Solubilis Corporate services

How to register trademark in India

Trademarks are an important part of intellectual property. A trademark is a distinctive sign, or symbol of a person, business organization, or any other legal entity that distinguishes itself from other competitors. A trademark is a type of intellectual property, usually a name, word, phrase, logo, symbol, design, image, or combination of such elements. According to Section 2 (e) of the Trade Mark Act, 1999, a certified trademark means a mark capable of using the goods or services used in the context of a trade that is certified by the owner of the mark. Origin, content, condition of production of goods or performance of services, quality, accuracy or other characteristics of goods or services are not so standardized and not registrable as in the name of those goods or services under Chapter IX, trademark as the owner of the certificate, of that person. How to Register Trademark in India – Trademark Registration in Erode is what we are going to be discussed in this article.

Trademark registration is not required but given the current scenario, it is advisable to register your trademark to prevent anyone from abusing it. The registered trademark provides the owner with a bundle of exclusive rights as it can claim exclusive use of this mark in relation to its products and prevent anyone from doing so. A trademark is also required to gain global recognition. This is because many brands have local or regional names and they struggle to gain global approval.

Documents

Partnership / LLP / Company

In case of partnership firm or LLP, the entrepreneur has to submit the following:

Duplicate logo (optional)

Signed Form-48.

Certificate of Industry Support Registration

Certificate of insertion or deed of partnership.

Signature proof of signature.

Proof of address of the signatory.

Other applicants

All other applicants including companies without industry base registration will have to submit the following documents to get trademark registration in India.

Duplicate logo (optional)

Signed Form-48.

Certificate of insertion or deed of partnership.

Signature proof of signature.

Proof of address of the signatory

Process

Step 1: Search for the weird brand name

Try to come up with a weird and weird brand name, because the perfect common one must be taken by others. Before choosing a brand name, one must do a quick search to make sure no one is already using the brand name. One must use search or pseudonyms in combination with common words such as company brand name or something else.

Step 2: Apply for a trademark application

Once the name is decided, fill out the trademark application i.e. Form TM1. The application requires a onetime fee.

With the application, supporting documents should be submitted.

Business Registration Concerns: Depending on what type of registered business one owns, say sole proprietorship etc., the person will have to submit proof of identity and proof of identity of the director of the company.

Image of standard size brand logo of 9 x 5 cm.

If applicable, proof of claim of the proposed mark is being used earlier in another country.

Step 3: Fill out the brand name application for registration

There are 2 methods for trademark registration – manual filing or e-filling.

In case of manual filing, you have to go to an authorized person and submit an application for registration at any trademark office fee in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you get the acceptance and receipt of the application, usually within 15-20 days of filing. But in the e-filing system, the acceptance of the application is given immediately. And once approved, one can start using the (TM) symbol next to the brand name.

Step 4: Check the brand name registration application

Upon receipt of the application, it is the duty of the Registrar to determine whether the brand name complies with the law and should not conflict with other existing registered or outstanding brands.

Step 5: Publication in Indian Trade Mark Magazine

After the examination, the logo or brand name is published in the Indian Trade Marks Journal. If there is no conflict within 3 days from the date of release or from a few days to 90 days, the brand name proceeds for acceptance.

Step 6: Issue Certificate of Trademark Registration

If no one objects, the registrar accepts the trademark application within a period of 90 days and issues a certificate of registration under the seal of the trademark registry. After issuing the certificate you will now be allowed to use the registered trademark symbol (®) next to your brand name.

The whole process of brand name registration usually takes between 15-18 months. Once accepted, the certificate of trademark registration in Erode is valid for a period of 10 years from the date of issue. After 10 years, the trademark must be renewed.

Benefits

Trademark registrations are an asset

A trademark is an intangible asset for a business that adds value to it. It distinguishes the product or service of competitors in the market. Trademarks coincide with brands because they attract the customer, stand out, are easily recognizable from the rest. A trademark is a marketing tool for your business. A trademark is a sign of a commitment to the company, reputation and integrity that helps customers make purchasing decisions. Like the real estate business, the period of value of the property is valued. Similarly, the value of a trademark increases rapidly as trade increases. Like tangible assets, trademarks can be bought, sold or used as collateral to obtain loans from financial institutions. Therefore, it is important for all businesses to protect this valuable asset.

Cost effective

Once an application for trademark registration is filed, it will take approximately 6 months to 2 years to process the application and issue a certificate based on government procedures. Applications that come first will be given priority over others that are filed later. If a suggested “mark” is the same as the “mark” you suggest, the trademark application for the other party may be rejected. Therefore, the first basis for processing an application for trademark registration is the first service.

Trademark registration is valid for 10 years

Once registered, the trademark is valid for the next 10 years. During these 10 years, there are no legal obligations, no fees and other legal requirements related to maintaining a trademark.