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What is Trademark Registration?

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; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered 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 company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. 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.

Essential Facts on Trademark

What is a trademark?
A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, ‘Nike’, the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

Who owns a trademark?
A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

Is my trademark available?
If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.

What if the trademark is taken?
No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

What do I need to provide?
You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.

How long does it take?
The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.

At Registration Arena, we are continuously available to help you understand how to register a Trademark.Trademark in India can be done through Registration Arena in all major cities including Hyderabad, Mumbai, and New Delhi, Chennai, Kolkata & all other Indian cities.

Advantages Of Trademark Registration

Stamp duty on llp agreement

Popularize your brand
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.

Legal Protection
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark without any prior permission.

Unique Identity
Trademark registration helps you to establish a unique identity of your company. No other competitor can apply or use your trademark for similar goods or services.

Creation of Asset
Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

Trust or Goodwill
As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.

Procedure For Trademark Registration

Who Can Obtain a Trademark ?

Trademark registrations are widely used to protect brand or slogans or coined words that are unique to a person or entity. Trademark registration can thus be obtained by individuals or businesses or not-for-profit organisations. However, each of the different class of persons or entity have different requirements while filing a trademark application. In this article, we look at some of the requirements for filing trademark application based on the applicant type.

An Individual (Person)
An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

Joint Owners
In case two persons come together and decide to file a trademark application, then the names of both the person must be mentioned on the trademark application.

Proprietorship Firm
In case of a proprietorship firm filing a trademark application, the full name of the Proprietor must be mentioned in the application. A business name or proprietorship name is not acceptable as the name of an individual. This is because a business name or proprietorship name is more in the nature of an alias for the actual person and proprietorship firms are not a separate legal entity. However, if a proprietorship name or business name is included on the application in addition to the name of an individual applicant, those details will be captured separately.
Example: “Vikas Kumar, an Indian National trading as G3 Enterprises”

Partnership Firm
In case of a partnership firm filing for trademark application, the names of all the partners are essentially required to be mentioned in an application filed by a partnership firm. Partnership firms are not considered as a separate legal entity and hence, the names of all Partners must be mentioned in the trademark application. If the partnership firm includes a minor in the partnership, the name of guardian representing the minor should also be mentioned.
Example: Vikas Kumar, Abhishek Kumar & Dipti Prakash trading as M/s. G3 Enterprises, an Indian Partnership Firm registered under Indian Partnership Act 1932.

Limited Liability Partnership
In case of a Limited Liability Partnership making a trademark application, the application for registration must be made in the LLP name. A LLP being an incorporated body has its own identity. Thus the Partner by themselves cannot be the applicant, wherein the trademark must belong to a LLP.
Example: G3 Industries LLP, a LLP registered in India under Limited Liability Partnership Act 2013.

Indian Company
In case of a private limited company or one person company or limited company making a trademark application, the application for registration must be made in the company name. A company being an incorporated body has its own identity other than its directors, therefore a director of the company cannot be the applicant, although the application can be signed and submitted by the Director or any Officer, authorized by the company.
Example: G3 Industries Private Limited, a company registered in India under Indian Companies Act 2013.

Foreign Company
In case of a foreign incorporated entity making a trademark application in India, the application for registration must be made in its own corporate name, as registered under the foreign country. The nature of registration, country of incorporation and the law under which the company is registered, are to be mentioned. If the foreign company has no principal place of business in India, the applicant’s address for service in India should be mentioned in the application.
Example: G3 Media LLC, a Limited Liability Company registered in the State of Florida, United States of America under the Florida Revised Limited Liability Company Act.

Trust or Society
If a trademark application is made on behalf of a Trust or Society, the name of the Managing Trustee or Chairman or Secretary representing the Trust or Society should be mentioned.
Trust Example: G3 Trust, a Trust registered in India under Indian Trust Act 1882, and represented by Mr. Vikas Kumar, its Managing Trustee.
Society Example: G3 Society, a Society registered in India under Maharashtra Co-operative Societies Act through its secretary Mr. Vikas Kumar.

What Are The Different Trademark Symbols: ‘TM’, ‘SM’ And ‘R’

‘TM’ Symbol
This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

‘SM’ Symbol
It is also a kind of trademark with Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

‘R’ Symbol
This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.

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FAQ

A Trademark is any unique name adopted by organizations to represent their identity in the market. It helps the consumer associate the organization with its products and services.
The Name of a company or any names given to its products or services can be classified as a brand name. A brand name associates the goodwill that the organization or its products and services earn from the market with itself. It helps a seller differentiate its goods from that of its competitors. Trademark registration secures this brand name with its owner.
Any word, title, symbol, heading, label, name signature, numeral or any combination thereof can be applied for Trademark Registration in India. Any Slogan, Base or Punch Line, etc. which are used to describe any product or service better can also be applied.
Once a Trademark is registered; the Company or Individual obtains rights over its usage in the Market. This secures its identity from being copied or infringed by anybody else in the same field of business.
It also gives exclusive right to the owner to use the name for his own company, products or services, or sell it to any prospective buyer. It protects the goodwill associated with the brand name of the organization, its products or services and helps secure it from rival competitors trying to cash on it by using malpractices.
The Trademark Application is made with the Office of Registrar of Trademarks, Controller General of Patents Designs and Trademarks, Trademark Registry of India. There are a total of 5 offices in India, each located in Delhi, Mumbai, Ahmedabad, Chennai and Kolkata covering the four sections of India geographically. Your trademark application is submitted in the office covering your jurisdiction geographically.
It is valid for 10 years from the date of application. Don’t worry! You don’t have to reapply for the entire registration process every 10 years. You can get it renewed 6 months before expiry by just paying the nominal renewal fees. You even get a reminder from the Trademark Registry itself telling you to renew it. If you keep renewing it you can keep the trademark with you for a lifetime.
Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
Your brand name is applied for trademark within 24 hours from the time of receiving all of the required documents and payment. You can start using the ™ symbol alongside your brand name now. After about 18-24 Months, it gets registered and a certificate is issued to your address. You can start using the ® symbol after receiving the certificate. If your name has been given “Positive” in our free search report, don’t worry! Your application will get through to registration smoothly.
As per the Trademarks Act 1999, if you are using a certain brand name for many years, you can still be granted a Registration keeping in mind the goodwill attached with your name over the years. The best way is to apply right away and put forth your points in the process.

A trademark is an intellectual property which is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs or even software.

No! The registered trademark under Trademark Act 1999 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.

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Why Registration Arena

On Time Delivery

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.

Transparent Pricing

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.

Tech Driven Platform

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.

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