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Trademark Registration

Easily setup a sole proprietorship with registrations, LEDGERS and business bank account.

Benefits

  • Fewer legal formalities than LLP.
  • Associated with the GST and income tax departments.
  • Full control over the business for the sole proprietor.
  • No separate business tax filings.
  • Easy to disassemble.

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Trademark Registration

Easily setup a sole proprietorship with registrations, LEDGERS and business bank account.
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Here’s How Trademark Registration India Helps You

A trademark is the graphical representation of your brand and a trademark registration India helps you register it so that none uses it without your consent. If someone does, he must face legal proceedings. Do not think only your logo or brand name as a trademark. You may also have exclusive rights over a symbol, word, expression, design, phrase, or logo in association with your goods or services.
No matter whether you have a startup or a well-established business, you need a unique trademark that sets you apart from the crowd and protects your identity from getting stolen. It comes under the Section 2(zb) of the Trademarks Registration Act, 1999. Your trademark remains valid for 10 years after the date of registration and you may choose a trademark renewal before it expires.

Trademark Filing Process in 5 Steps

Before commencing the trademark filing process, take some time and choose a trademark ahead of its time. It must reflect your business and for the long run. It should not be the same as or similar to an existing trademark. For that, conduct research using the trademarks registry database. However, ensure that you have all required documents ready with you.

Step 1: Trademark Application

Apply for the single-class or multi-class trademark depending on your goods and services. Depending on the jurisdiction of the trademark, you may fill out an online trademark application via the IP India website or visit the Trademarks office.

Step 2: Analysis and Vienna Codification

The trademark registrar’s officer will analyse your application under the Trade Marks Act, 1999, and raise objections (if applicable). You may justify your choice for the trademark before him if he objects. Your application will be approved or rejected based on your justification. He will also apply the international Vienna Codification process to classify your trademark’s figurative elements.

Step 3: The Trademark Journal

If the Trademarks Registrar accepts your application, your trademark will be published in the Trademark Journal for four months to let the general public check it and raise objections. This list is updated every week and is available on the same website.

Step 4: The Trademark Hearing

Concerned members of the public can oppose the published trademark within 4 months by filling out the TM-0 Form. In this case, the registrar does not directly reject your application. You may present related evidence and

Step 5: Trademark Registration India

If no members object to your proposed trademark within four months or the court hearing comes in your favour, the registrar issues you an auto-generated trademark registration certificate. This certificate automatically means that your trademark has been registered successfully. Now you can add TM or ® after your brand’s name, symbol or logo.

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Documents for Trademark Registration India

The documents required for DSC registration in India can vary slightly depending on the Certifying Authority (CA) you choose. However, the common ones are:
    1. Your PAN card and Aadhaar card.
    2. GST certificate (if you have a proprietorship).
    3. Incorporation certificate, logo, company PAN card and MSME certificate (if you have a company).
    4. Partnership deed and partnership PAN card (if you have a partnership).
    5. LLP deed and LLP PAN card (if you have an LLP).
    6. Trust deed and Trust PAN card (if you have a Trust).
    7. Logo (wherever applicable).
Proceed to the trademark filing process if you have all documents according to the company type.

Trademark Renewal Process

Trademark renewal should be done every ten years, but submit an application to the registrar’s office with all documents six months before the decade ends. You may reach out to the registrar within six months if your request for a trademark renewal does not get fulfilled before the expiry date. However, this facility will include a penalty.
You may make a few alterations to your older trademark or renew it as it is. Fill the Form TM-12 to renew the registration of the trademark.

Documents Required to Renew a Trademark

      1. Your residence and identification proof if you are just an applicant.
      2. Certified copies of the original form filled for initial trademark registration and TM-A form for the same.
      3. Power of attorney if you are filing a renewal application on behalf of the owner.
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BENEFITS CHALLENGES
A registered trademark is an intangible asset and you may distribute, trade or franchise it.
Third parties might oppose your trademark registration which causes delays.
Your brand identity will be protected from unauthorized use once your trademark is registered.
Trademark registration in India might take up to 18 months. Thus, it is a rigorous process.
Consumers tend to trust a registered trademark more than an unregistered one.
A trademark registered in India applies only to this country.
Trademark registration is voluntary.
Trademark should be renewed after every ten years which is again a rigorous process with additional costs and penalties.

Conclusion

Trademark registration India is a lengthy process that requires a lot of documents to be presented before the Trademarks Registrar. It might take you several prototypes of the trademark till you reach a final one. You must conduct careful research before proposing a trademark to the registrar to avoid repeated rejections. Similarly, choose an appropriate class for your trademark so that the consumer does not get confused with the source.

Frequently Asked Questions

What Are the Common Classes in Trademark Registration?
The common classes in Trademark Registration are Class 5 (for pharmaceutical, veterinary, and sanitary preparations), Class 3 (for cosmetics, soaps, perfumery, and essential oils) and Class 9 (for electrical, scientific, teaching apparatus, and software).
A trademark safeguards distinctive words, symbols, designs, or phrases. A patent grants exclusive rights to an invention and Copyright safeguards original works of authorship.
What Details Do I Include During a Trademark Registration?
Include the name of the individual or entity applying for trademark registration, business type, a brief description of business objectives, slogan/logo/brand name and the registered office address.
How Do I Know that I Can Apply for a Trademark Registration in India?
LLPs, partnerships, foreign companies, trusts, partnership firms, proprietorship firms and societies can apply for trademark registration. You may apply for the registration if you have one of these.
What Is the Madrid Protocol?
The Madrid Protocol is an international treaty. Thus, you can get your trademark registered in multiple countries. It offers a streamlined and cost-effective way to obtain trademark protection in a large number of territories through a single application.
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