Give your brand a unique identity by registering its Trademark online with Vakilsearch.
We conduct a thorough search of theTM directory
Advice on the classes you need toapply under
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A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.
In India, trademarks are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be made use to make your business stand out from the rest.
A trademark application can be done by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.
A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Customers will identify a particular product or service only with the brand. Registering a trademark ensures that competitors will not use it and hence it remains as a company’s unique asset.
The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.
A trademark which is registered and filed in India can also be filed in other countries outside India. Likewise, foreigners can also get a trademark registered in India.
We help in your trademark search by conducting the search using trademark(™) director. We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.
While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class. For example, the Class 28 includes products and services related to games, sports and toys. Hence, if you are planning to launch a new toy brand, you will have to apply under the Class 28.
After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first. This gives us the right to make the trademark registration on your behalf. You can sign the letter and return it back to us. We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.
An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.
While filing for the trademark registration, the documents you need to provide are as follows:
The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.
If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.
On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.
In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as - “Sent for Vienna codification.”
After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.
If the trademark application is rejected, the applicant can go for a for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected. If he is not fully convinced about the reason for rejection, then theIntellectual Property Appellate Board can be contacted.
Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.
The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.
What is a trademark class?
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.
What trademark applications are commonly rejected?
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.
When can I use the ™ symbol?
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.
How can I run a trademark search?
Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.
If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
What if my trademark is taken, but under a different class?
If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
What if someone has a similar word trademarked?
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
Do you guarantee approval of my trademark?
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.
Should I file the trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
What are the different kinds of trademarks I can have?
A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.
What are the 7 reasons to register trademark online?
Get to know the 7 reasons to register the trademark online
What is the eligibility to register trademark?
Check out the eligibility to register trademark by clicking here
From 1st January to April 22, a total of 91816 trademarks have been filed in India. The lockdown has not much impacted the workings of the Indian Trademark Registry.
To keep us updated with helping us take protective measures against COVID-19, the renowned company Apple launches a website and an app. In this regard, it has filed a trademark under the international trademark class 9.