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What is Trademark Registration?
A trademark is any unique expression related to a product or service that distinguishes it from others.This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell. Owners of trademarks have exclusive rights to their use under the categories they areregistered in (there are a total of 45 categories, called classes).
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar names from being registered by other businesses. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
3 Working Days
Just tell us a few details about your brand and we’ll process your application.In three working days, you’ll be ready to use the symbol alongside your brand name.
9.1 Customer Score
We make your interaction with government as smooth as is possible by doing all the paperwork for you.We will also give you absolute clarity on the process to set realistic expectations.
160 Strong Team
Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.
A thorough search of the TM directory
Authorisation Letter Drafting
So we can file it on your behalf
Discussion on Class
Advice on the classes you need to apply under
Filing the forms with the Registrar
You will receive updates until registration
FAQs on Trademark Registration
1. What is a trademark class?
The Trademark Registry has classified goods and services under 45 classes.Your application must mention the class/classes the goods/services represent.The trademark would be registered under those classes only.
2. 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 tocause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics.
3. When can I use the ™ symbol?
As soon as you file the application, you receive an acknowledgement, which gives you the right to usethe ™ symbol. Once it’s registered, you can use the ® symbol.
4. 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.
5. 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.
6. 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.
Advantages of Trademark Registration
If you believe your registered trademark is being infringed,it is easy to establish your right to it in court. If you haven’t registered the word,slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant,trademark registration is essential.
A trademark is an intangible asset that can be enormously valuable, should your brand succeed.Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
You would want your customers to identify your products or services with yours only.Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
Trademark Registration Process
2 Working Hours
We first run a trademark search to check whether your unique name or logo or one sounding very similar to it has already been taken. Once it is confirmed, you must make the payment for the entire process. We will then send you an authorisation letter, which you must sign and return to us so that our lawyers can file your trademark application on your behalf.
3 Working Days
This form asks for basic details about you (or your business, in case the trademark is being registered in its name), and the logo, word, slogan you’re registering. Pictures must be sent in the JPEG format only. Trademarks must be registered for a particular sector. So if you want to register a trademark in multiple categories, we need to file multiple Form-1s and you would have to pay for them separately. As soon as the form is filed, you can start using the ™ symbol.
The Trade Marks Office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised. The government may also object if it finds the logo obscene, hurts religious sentiments or believes that it is likely to cause confusion. If it has no objection, it makes an advertisement in the Trade Marks Journal. If there is no opposition from other businesses in the next four months, your trademark is registered around six months later. We will check the status of your application
regularly over the entire 18 months and keep you up-to-date on the status.