Trademark Registration
TRADEMARK REGISTRATION
A trademark is a visual symbol that can be a word, name, number, label, color combination, etc. used by a business to distinguish its services or products from other same goods or services which are made in a different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and give the trademark owner, the power to sue for losses when infringements of trademarks happen. Registered trademarks are the intellectual property of a business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registered if it is unique for the products and services you give.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registerable, if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time period of another 10 years.
Trademark Registrations is done through “Realcare Certification Pvt Ltd” in Delhi, Pitampura, Near Deepali Chowk. We offer a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
ELIGIBILITY FOR TRADEMARK REGISTRATION
Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.
An individual (Person)
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
Joint Owners
The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.
Proprietorship Firm
A proprietorship firm may file a trademark application under its proprietor's name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.
Partnership Firm
A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor's guardian representing him must be mentioned.
Limited Liability Partnership/LLP
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.
Indian Company
Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company's name. It should be noted that any incorporated entity has its own identity, so a company's director cannot be a trademark applicant.
Foreign Company
If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.
Trust or Society
If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.
DOCUMENTS REQUIRED TO REGISTER A TRADEMARK
- Incorporation Certificate
If the trademark is registered under a company or LLP.
- Partnership Deed
If the trademark is registered under a partnership firm.
- PAN Card
Of the authorized signatory.
- Aadhaar Card
Of the authorized signatory.
- Form TM-48 Signed
The TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature.
- Logo
Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.
TYPES OF TRADEMARK REGISTRATION IN INDIA
Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let's look at the different types of trademark registrations available in India.
- Product Mark
In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product's origin as well as the preservation of the company's reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.
- Service Mark
A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark's main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.
- Collective Mark
The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.
- Certification Mark
It is a sign issued by the proprietor that indicates the product's origin, substance, quality, or other specific data. The main objective of certification is to establish a product's standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.
- Shape Mark
The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.
- Pattern Mark
The pattern marks are for products that have a specific designed pattern that serves as the product's distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.
- Sound Mark
A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.
PROCEDURE FOR TRADEMARK REGISTRATION
Complete our trademark Form - You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search - To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Select Appropriate Class - Depending on the nature of your products, we shall suggest the appropriate class amongst the 45 classes
Trademark Application filed - We create your Trademark application in 3 days and get your TM number
Trademark registration completed - Your trademark is registered in 1 years, if no competitor objects to your trademark application
