Trademark Registration Online
A trademark is a word, color, slogan, logo, shape of goods, smell, sound, or three dimension
that you use to distinguish your product from competitors’ products. Trademarks are
distinctive identifiers that make your product, service, or company stand out from the
competition. A registered trademark is the intellectual property or intangible asset of your
company. Trust and loyalty are safeguarded by it.An individual or a company can register a
trademark with Trademark Registration Online In India.
When a trademark is registered, the person whose name is entered as the applicant on the
registration form becomes the owner of the trademark. In addition to preventing others from
using your registered trademark, you can sue people who attempt to copy it. Protect your
brand identity and the trust your customers have in it with ease, thanks to our team of
experts and the best Trademark Registration Company.
What Are The Different Trademark Symbols?
The protection, and registration of various kinds of “Intellectual Properties” is done both
in India and internationally. But these 3 are the most commonly used Intellectual
Properties.
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TM (Trademark)
It is an Unregistered Trademark which can be used to promote products.
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SM (Service Mark)
It is an unregistered service mark which may be used to promote or advertise
products.
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Filing the Application
This trademark is surrounded by a circle and it is known as Registered Trademark.
Benefits of Trademark Registration
Here is the process of business registration in India, which is simple and easy
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Protection
Trademark brings along a legal protection. This protection allows you to protect your
assets from any kind of infringement. You have a legal right to sue anyone over the
misuse of your assets.
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Identity
Trademark gives you and your company a separate identity. Your trademark is published
in the Trademark’s registrar. It indirectly promotes your company. Also you being
the rightful owner of your trademark, you have the exclusive rights of its usage.
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Reliability
Trademark increases your company’s value in the market. It makes your company
reliable in front of customers as well as investors and partners.
FAQs on Trademark Registration
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 colors 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.
- 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.
- 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.)
- It is advisable to conduct a market survey to ascertain if same/similar
mark is used in market.
- We can help you with trademark search, making it easier for you,if you
register with us.
Yes. It can be removed on application to the Registrar on prescribed form on the
ground that the mark is wrongly remaining on the register. The Registrar also
can suo moto issue Notice for removal of a registered trademark
- The national statues i.e., the Trade Marks Act, 1999 and rules made
thereunder.
- International multilateral convention.
- National bilateral treaty.
- Regional treaty.
- Decision of the courts.
- Office practice reduced in Manuals and guidelines and rulings of the
Courts
- Decision of Intellectual Property Appellate Board.
- Text books written by academician and professional experts.
Yes. But the basic principle is that the trademark applied for should not be
substantially altered affecting its identity. Subject to this changes are
permissible according to rules detailed in the subordinate legislation.
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. It should be filed at the
appropriate office.
The applications can be submitted personally at the Front Office Counter of the
respective office or can be sent by post. These can also be filed on line
through the e-filing gateway available at the official website.