Trademark for an Individual

What is a Trademark?

A trademark is a symbol and can be anything from a name, logo, picture, and word to even a label or a sound. Registering a trademark is the first step towards protecting your brand name. In India, trademarks are registered initially for 10 years and are due for renewal thereafter (As per section 25 of the Trademarks Act, 1999).

Once registered, a trademark can be a precious asset for a business as with a trademark, the business can project its unique positioning to the consumers. You need to keep a close watch on all the probable attempts by other businesses and individuals to register similar trademarks, even if these are related to other domains.

Broadly speaking, a trademark can be of two types.

Individual Trademark- A trademark for an individual is a type of trademark that distinguishes or uniquely identifies the services or goods of a particular company from others. The majority of the trademarks fall into this category.

Collective trademark- This type of trademark distinguishes or uniquely identifies certain common characteristics of a good or service. A collective trademark holder is not the user of the trademark himself. Rather, he supervises the authorized use of such a trademark by others. The users of a collective trademark will need to fulfill certain authorization criteria to be able to use it. The Woolmark symbol can be thought of as an example of a collective trademark.

What are the benefits of Trademark registration?

Certain benefits of trademark registration are as follows-

Extension of the ownership rights

The primary idea of registering a trademark is to assert the rights of the owner. Once your trademark is registered, you take an important step towards securing your rights. Upon registration, you can avail of legal protection from any infringement of rights over your brand name. The goodwill created by your brand name gets protected as well.

Protection from litigation

Trademark registration provides you the much-needed protection against any frivolous litigation. It stops other people/businesses from dragging you into any legal tangle over the unauthorized use of the trademark. Rather, you can sue other people/businesses for unauthorized use of the trademark, if it is registered in your name.

Attracts the best human resources

When you register your trademark, it spreads the vision, brand image, and unique characteristics of your organization. Naturally, talented young minds would wish to become associated with such a reputed brand. Due to the positive brand image created by your trademark, such talented human resources would be easily inclined towards working for your organization. This will reduce the cost of searching for and hiring quality manpower considerably.

Points to consider while registering a trademark for an individual

You would do well to consider the following points while doing trademark registration-

• Do make sure to go through the rules and regulations related to the individual trademark registration e-filing.
• Before applying for trademark registration for individuals, carry out a proper trademark search. This will let you know if any other owner is using a similar trademark anywhere.
• Determine the class your trademark will be categorised into. It is important to choose a proper trademark class and submit its description accordingly
• Register the correct date of prior use (if any)
• You would require a digital signature if you want to e-file your trademark application.

Feel the above too tough to handle? Don’t bother when you have Vakilsearch by your side.

At Vakilsearch, we value trademarks as unique creations for promoting your brand. We would help you with everything from designing a customized trademark watch, scrutinising, and uploading the required documents, filing your trademark application, up to the grant of the desired trademark in your favour.

Steps involved in Trademark registration for individuals

You can do your registration online here with Vakilsearch in just 3 easy steps. With our user-friendly platform, you can upload all the necessary documents in a hassle-free manner and pay the trademark fees for individual registration quickly through our secured gateways. Our dedicated trademark representatives will be in constant touch with you right from the word go and will help you obtain the desired trademark in a smooth and hassle-free manner.

The steps involved in trademark registration for an individual at Vakilsearch are mentioned below-

• Step 1: Our experts would carry out a detailed trademark search with the help of our unique trademark director platform. We would have a thorough check to determine if the brand name and logo you have selected is registered in the name of someone else. If so, we would help you with modifications so that the same is not cancelled eventually. If no match is found, we will go ahead with the registration procedure.
• Step 2: In this step, our experienced trademark executives would make sure that you choose the correct class while applying a trademark. You need to register a trademark within a specified economic sector. There are about 45 specified sectors and each of them is termed as a class by the Trademark Registry. For example, if you are planning to register the mark for a new toy brand, you need to apply under Class 28. This is the class notified for services and products related to toys, sports, and games.
• Step 3: After making sure your trademark under application is unique and can be registered as a fresh trademark, we will start the application procedure. We will start by preparing the authorization letter. You will need to sign this letter to give us the necessary authorization to apply for your trademark on your behalf.
• Step 4: Next, our representatives will collect from you all the documents required for trademark registration applications (refer to the next section to know more about the documents required).
• Step 5: Here, we will prepare your draft application in our unique online platform. The completed draft will be visible to you for any correction desired.
• Step 6: We will apply on your behalf. After the application for trademark registration is submitted, a ticket number will be generated, confirming successful submission. It will be shared with you on your registered mobile number and email ID. With this number, you can check the status of your trademark application on the Vakilsearch online portal.
• Step 7: Post the submission; we would be doing the necessary coordination with the authority for expediting your application. We would also resolve related queries, if any, from the Trademark Registry.
• Step 8: You will receive your TM application number within 3 working days of applying for the registration, subject to successful document verification by the authorities. You will get the TM symbol which will give you the temporary right to use the trademark symbol. If there is no objection to your trademark application, the trademark registrar will publish an ad in the official trademark journal. If no objection is filed against this advertisement within 4 months, the trademark will get registered in the next 6 months.

What are the documents required for Trademark registration for individuals?

Copies of the following documents are required to be submitted along with your trademark registration application-

• Proof of identity of the owner (anyone PAN card, Aadhaar Card, passport, driving license, Voter ID, ration card and so on)
• Proof of address (any one from rent/lease agreement, electricity bill, owner NOC and so on)
• In case a logo is used in the trademark, the same needs to be submitted in a black & white format.
• Proof of TM use ( for the final trademark registration)
• User affidavit
• Form TM-48 (duly signed)

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