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01 Trademark Registration
Losing the trademark! Losing the identity in the market! Protect your brand now from being used by others.Taxinn helps in Trademark Registration.
- Service Cost: ₹1499 (Starting From)
- Estimated Time: Within 24 Hours
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File Trademark Online
Trademark Registration is quick, simple, and would be possible online with Taxxinn in 3 plain sailing steps.
Call to discuss
Our expert will connect with you & prepare documents.
02Get certificate
Get your Trademark Registration Certificate.
03Overview
A trademark can be defined as the unique identity which defines your product or service from the rest. A logo, image, slogan, word, sound, smells, combination of colours, or graphics may be the specific identity or expression. Most companies typically search only for a logo or name registration. When you’ve come up with a new concept or logo so copyrighting it is the only way you can secure it as your own exclusive identity.
A trademark is an intangible asset of your company. This serves as a security mask for the investment that the business makes in the logo or name.
It is not possible to register new trademarks which are the same or similar to an actual registered Trademark. Moreover, whether it is offensive, generic, inaccurate, not unique, contains clearly protected emblems, etc. trademarks are not registrable.
Trademarks are registered in India by the General Controller to Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. Under the act called, The Trademark Act, 1999, you may register the label. The registration provides the right to sue anyone who tries to copy your trademark.And no one else can use a trademark identical to another person’s registered one. You can use a R symbol with it once you file a trademark and it will be valid up to 10 years from the date of registration. Within 3 days you can easily obtain a TM. However, it takes up to 2 years to get a ®. If the registration of a trademark reaches the expiry date, you can always have it re-registered
Advantages Trademark Registration
Business Opportunity
A product or service provided under a registered mark helps create confidence , efficiency, quality and goodwill in consumers’ minds. Compared to other sellers, it offers you a unique identity especially when you sell it on online platforms like Amazon, Flipkart etc.
Legal protection
If you think that someone else is copying your trademark, you can take up the issue legally and sue them if you have licensed your logo, your brand name or your slogan.
Unique Identifier
Consumers can only identify with the label a single product or service. Registering a trademark means that it is not used by others, and therefore remains the unique asset of a client.
Asset
An Advantage In case the company creates a reputation and succeeds, the trademark may be a valuable asset. It can be licensed, sold and franchised commercially.
Global Filing Of Trademark
A trademark that is registered and filed in India can also be filed outside of India. Similarly, foreigners may also receive a trademark in India
Creation of intangible asset
In case your brand builds a name and succeeds, the trademark can be a valuable asset. Registering a trademark makes it an intangible asset which can be sold, franchised, licensed, or contracted commercially. It gives benefits to the company or the individual proprietor. For the company a trademark is an intellectual property.
Infringement protection
The registration of a trademark means that no other corporation or person uses the trademarked product unethically. However, if a third party uses the trademark without the permission of the trademark owner, the owner may apply for legal protection against the act and even sue the person or news corporation who created the trademark misuse.
Exclusive rights
The proprietor of a licensed mark may have exclusive rights to the mark. The owner can apply the same trademark for all the goods falling under the same classes. Holding the exclusive rights to the goods or services often helps the owner to avoid any kind of illegal use of the marked item.
Applying the registered symbol
When a trademark is filed, the organization can use the registered symbol (®) The logo is evidence of the fact that the trademark is already registered and can not be used by any person or company. The person holding the trademark can decide to sue the other party in the event of illegal use.
Brand identification
Trademarking lets customers find out about the goods easily. You will distinguish between the various kinds of products, as the products appear to identify their own brand.
Promotes Goods and Services
The registration of a trademark is the company’s identity, or the products and services. This helps to differentiate and promote the formation of brands. Many businesses get their name from a trademark and it plays a vital role in promoting and maximizing the image of the brand.
Protect Commercial Goodwill
The licensed proprietor of a trademark has the right to create, maintain and protect the goodwill of its products or services. The owner can stop other traders from illegally using its trademark. The infringer can also be successfully sued for using the brand name and seek damages for any violation
Advertising sales
A company’s customers add the brand name to the product or service feature which they have. This product type is growing throughout the marketplace and thus helps to increase sales by attracting more and more consumers to the company.
Eligibility & Requirements
A trademark application can be issued by any individual or legal entity in India. There is no requirement to use the logo previous to submission. Therefore, if the inventor of the term or symbol wishes to protect it before advertising the brand, a trademark application may be filed under the category “Label approved for use”.
There is also no requirement that the applicant for the trade mark be an Indian citizen or Indian company. Any foreign national or foreign entity interested in securing a trademark registration in India can, without any other requirements, file a trademark application.
Taxxinn role of trademark registration
Trademark Search
we undertake the search using the director of trademark(TM) we support in the search of your trademark. We also perform an accurate review of the trademark logo and brand name you have chosen to ensure it is not yet required to register under the name of anyone else. The trademark may be registered once it is identified as unique.If someone else already registers your logo or brand name, we’ll help you find ways to change it so your registration won’t be cancelled!
Class Selection
You need to apply for registration under the appropriate classification of the classes when applying. We’ll help you pick the correct class to register in. The trademark gives you the right to sell within a given sector of the economy under a specific brand name. There are approximately 45 sectors in total and every sector is called as a class.
Preparing The Application
Once we make sure the brand name or logo is unique and can be identified, we will continue with the application by first preparing the letter of authorisation. This entitles us to register the trademark on your behalf. You will sign the letter and get it back to us. We will also help you complete the application and keep updating the procedure before the registration process is finished.
Documents needed for Trademark Registration
An authorization letter properly signed by you helps us to apply on your behalf for registration of a trademark. After getting the letter of authorization, we start processing the paperwork, uploading the application online and paying for it . Shortly, you will obtain approval authorization and you will be granted the right to use the TM symbol.
When applying for the registration of a trademark, the documentation you must submit are as follows:
Name of Applicant’s
Type of business
Business objectives
Brand/logo/slogan name
Registration a
Address
Identity And Business Proofs
The trademark owner or the person approved by the owner of the trademark must apply proof of identification. It could be the Aadhar ID, driver’s license, visa, ration id or voter ID
Using Logo With Tagline
If a trademark claim is made with only terms for a tagline there is no need for a logo. If a logo is used then it will be shown in black and white format. The number of words on the logo should be exactly the same as those identified in a trademark application.
Form 48
An attorney is allowed on behalf of you to apply with the Trademark Registrar for the trade mark application. In case a claim for the previous trademark has been made in the request, the trademark user affidavit will also be filed.
Trademark symbols
R Symbol
As long as you file the registration document for the trademark, you get the R symbol. This sign helps keep anyone from copying the trademark.
™ Symbol
This sign is for trademarks not registered. It alerts anyone to get the logo, name or symbol copied. This doesn’t grant you copyright protection , so if your application is rejected, anyone will use your logo or your name.
C Symbol
The sign C stands for a product that has no copyright issues. In certain countries the icon is necessary for copyright claims.
SM Symbol
Uses this symbol for the service sector. The sign refers to classes 35 through 45. Defense from copyright problems is not guaranteed, however.
Trademark classes
The trademark laws define 45 classes. Each class is differentiated by one holding business activity. Therefore, it is advised for your business to know the existing trademark type, and then to select the Trademark type.
Trademark class for goods
Trademark class from 1 to 34 belongs to the goods. Know your business first and then pick or you can call us anytime to select your respective class.
Trademark class for services
Trademark class from 35 to 45 is for service, Therefore, if you are in the service sector, all the classes fall in Class 3.
Trademark Registration Process
Trademark search is one of the most crucial aspects for the registration of a trademark. Trademark search helps one to register the registration of a trademark more accurately and appropriately. Nevertheless, it is not straightforward to check for a trademark as the application process requires a number of filtering and so there are many steps involved. All the measures needed for registration of a trademark have been laid out in the following sections.
The very first step for trademark search is to create a full list of possible marks to be looked for.
If the full list has been compiled, the next move is to write a public request for a trademark on google and visit the appropriate website.
We have to select the appropriate class for which the trademark has to be filed. Our Experts will help you out in selecting the appropriate class.
When the class and the suggested trademark have been finalized, the next thing to do is to enter the details of the trademark in a public search trade mark.
After the normal search for a trademark has been completed , the next step is to check all filters, such as phonetic search, included search, etc.
Analyze all the findings received from the application for a trademark and test if there is any possibility that your proposed trademark will be licensed..
Trademark Objection
On order Trademark is a logo, symbol, tagline or a combination of the two which represents the identity of a brand. Often the Trademark Registrar poses objections to the intended trademark during the trademark registration process if it violates the rules and laws of trademark registration. It may be due to different factors, such as similarities to a current trademark;Offensive against a specific religion; lack of a distinct design; etc. In the case of a mark objection, a detailed reaction must be submitted within one month, from the date the complaint is raised.
Trademark registration is a form of security of intellectual property in which a logo or visual symbol used by a company may be protected to differentiate it from other identical goods or services originating from a different business. To register a trademark, the applicant must file a trademark application in the specified format with the relevant Trade Marks Register.The Trade Marks Registrar will process the application and submit an Audit report once a trademark application has been submitted. The Trademark Examination Report may, among the findings, require the trademark application to be marketed before registration or the Trademark Examiner may present an objection to registration of the trademark.
In cases where the Trade Mark Registrar raises an objection to the registration of a trademark, the applicant has the opportunity to file a written reply within 30 days for the complaint presented. The reply to the Trademark Examination Report should include arguments, facts and proof as to why the mark should be licensed in support of the applicant, along with supporting evidence, if any.If the Trademark Examiner considers the solution satisfactory and answers all the questions he / she poses in the Examination Report, the application will be permitted to be published before registration in the Trademark Journal.
Trademark Assignment
A trademark is any unique term of a product or service that differentiates it from others. This expression may be a word, a slogan, a image, a logo, a graphic, a combination of colours, a sound or even a smell.
One approved person can easily allocate a trademark to another. If a person wishes to move his / her trademark or changes his / her ownership of the trade mark, a Trademark Assignment can be performed quickly.
Trademarks can be permanently moved, or for a limited time period. In these situations, a valid document should be signed to prevent any legal problems. You have the right to grant registered or unregistered labels. In these cases you will apply to the Registrar.Trademark Assignment is done by TaxxInn.
Trademark Opposition
An opposition to a trademark may be filed under different sections such as absolute grounds, relative grounds, prohibited mark, or the opponent may even present his own complaint to the proprietorship of the opposed trademark. The Indian Trademark Law provides no clear grounds for protest. And the reason for opposition to the trademark may be varied.
Some of the grounds for trademark opposition in India are as follows:
- The trademark is similar or identical with an earlier or current registered trademark
- The trademarks are without distinctive character. The trade mark is descriptive.
- The application for registration of a trademark is done in bad faith
- Trademark is customary in a company’s existing language and or established practices
- The trademark is likely to lead confusion or deceive the public
- It is contrary to the law or prevented by law
- The trademark is forbidden under the Act of 1950 on Emblems and Names.
- The trademark includes matters that are likely to harm any class or section of people religious feelings
Trademark Renewal
A trademark licensed in India expires after 10 years. But, by filing a trademark renewal application online or offline, it can be held permanent by paying the necessary renewal fees every 10 years. This form must be completed within or within 6 months from the registration expiry date. Trademark Renewal in India will help you keep your trademark permanent and safe
Highlights
A trademark can be a logo, design, shape, and combination of colors, combination of different shapes, goods, etc and its uniqueness differently shown in its design.
45 classes defined based on business activity and trademark can be registered in multiple classes as per the requirement of the business organization.
Like Company’s other tangible assets trademark is very worthful for a company to protect its goods, services from infringement.
As the comparison to its driven benefits cost of trademark registration is very low.
Trademark registration under trademark law, protect the brand from infringement and misuse from the third party.
Trademark registration provides you nation-wide protection from your competitors.
FAQs on Trademark Registration
The Trademark Registration is the registration of visual symbols that can be a word, name, tool, label, digits, etc. The registration of a trademark in India helps the applicant or the trademark owner to protect his logo or label. Registration of trademarks also helps prevent duplication within trademarks
The registered trademark shall be valid only for 10 years from the date an application is filed. After that one has to apply for renewal of the trademark.
The Registry of Trademarks has listed goods and services under 45 classes. Your application will identify the classes / classes defined by the goods / services. The trademark can only be registered in those classes.
These trademarks can not be registered with any mark that is identical or deceptively similar to an existing registered mark, or a mark for which the registration application is already in progress. Often, a mark can not be registered that would possibly cause distortion or confusion, or that appears offensive. Geographical names, common names, common business words and a common abbreviation.
You will obtain an acknowledgment as soon as you file the application, which grants you the right to use the symbol TM. You can use the ™ symbol once it’s registered
The ® mark can be used before the application for a trademark is approved by the Controller General of Patent Designs and Trademarks and registration of the trademark is issued.
For Registry, fees are levied on the basis of ‘Applied Class Number’ and not ‘Application Number.’ Individual or start-ups, the government fees of Rs. 4,500 are payable for each class. The Government fee of Rs. 9000 is to be paid for all other cases. For example, if an individual applies under 3 classes for a trademark application, the government fee is Rs. 13,500.
Any person or business claiming to be an owner of Any Name, Word, Numbers, Picture or Sound may apply for a trademark including:
Individual
Society
Proprietor
Company
No! Under the Trademark Act 2000 registered trademark is valid only in India. Although it can be used as a justification for registering the trademark in those countries in only a few other countries.
First, detailed mark verification is conducted, after the owner signs on the page of authority note, then the consultant files the application with the registry of the mark.
Yes , TaxxInn India is an online platform that services the whole of India wherever you do business, all you need is internet access on your smartphone or desktop and we are ready to do your work.
Following document required
Brand Logo
Nature of Business
Identity Proof
The trademark application status can be tracked. The status is shown as “Objected”
It will take 2-3 days for taxxinn to thoroughly review the Trademark case and draft the reply to the TM opposition and file the same.
Trademark sales involve two parties. The assignor, and his assignor. Trademarks are of great benefit to every company and determine the sales to a significant level. It reflects your goods or services and offers an advantage over other items on the market.
The owner may transfer his / her trademark to someone else. Giving to another person a trademark also known as the assignment of a trademark from your name.
Any person who thinks his / her brand name or the company’s reputation can be harmed in some way by registering a certain mark may choose to react for such registration by filing the notice of objection
A trademark is a label that a company has been granted to protect the brand name, logo or slogan and Unique material such as books, music, videos, songs or even software is protected by copyright.