Trademark Registration.

CONTINUE PROTECT YOUR BRAND FOR MORE THEN 10 YEARS.

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What is a Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.

Eligibility & Requirements

  • In case of an individual, the application can be filed in his own name.
  • In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
  • In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
  • In case of a partnership, the name of all the partners is required to mention in the trademark application.
  • In case of LLP, the trademark application must be made in the LLP name.
  • In case of a company, the application must be made in the name of the company only.

Trademark Registration Fundamentals

Before begin we need to understand the process of filing a trademark application.

TRADEMARK CLASS: India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.

Jurisdiction: Trademark register in India legally protected in India. It will not be legally protected at international level, if owner planning to take its brand to international, then owner have to take multiple trademark applications in the respective countries.

What documents required for a Trademark Registration?

To register a trademark the following documents should be mail.

  • Logo, if applicable
  • Identity proof of the TM owner
  • If Company or LLP Incorporation certificate
  • Address proof

Trademark Registration Process

Trademark Search: A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name. Trademark should be unique.
Selection of Class: For registration, one need to apply it under right classification of classes.in total there are about 45 sector s and each sector is named as a class. Goods and services are classified into 45 different classes by the trademark Registry.
Completing the application form and filing: If the trademark agent has the power of attorney from the right holder he can complete and file the application form. The form will require details such as name and address of the proprietor, a description of the goods and services associated with the mark, whether the mark is in use and a copy of the mark.
Review by the trademark office: The trademark office reviews the application to see if it is complete and then allots the application a number. If the trademark is registered, this number becomes the registration number.
Preliminary approval and publication, show cause hearing or rejection of the application: The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999. After this, they issue an examination report within a period of one month. Depending on the examination report the registrar of the trademark determines whether the application must be accepted, rejected or put up for ‘show cause ‘ During a ‘show cause hearing’ subject to the facts an application might be rejected, accepted or accepted with certain limitations. If the application is rejected, the applicant can appeal at the Intellectual Property Appellate.
Registration: Within the term of three months publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate.

Avoiding Trademark Rejection

Need to follow below check list to Avoid Rejection
• Before filing the TM application every company should make sure not to use above terms in Trademark.
• Mark have to be unique.
• The mark you are apply should not be alike existing registered mark.

Benefits of TRADEMARK REGISTRATION

Discourages others from using confusingly similar marks in the first place by making the mark easy to find in a trademark availability search, thereby preventing problems before they even begin.
Protects against registration of confusingly similar marks, as the Trademark Office has a duty to cite prior registrations against applications for confusingly similar marks and to refuse to register such marks, thereby enlisting the power of the US Government in helping to prevent infringement at no additional cost to you.
Maintaining the Online Trademark registration is cost u less. You have to pay the maintenance cost and renewal once you register the trademark after 10 years of registering. It is cost efficient.

Basic

7900
  • 2 Digital Signature 1
  • 2 DPIN
  • LLP Deed Drafting
  • Incorporation Fees
  • 1 Lakh Capital
  • PAN & TAN
  • Certificate of Incorporation

Standard

8999
  • 2 Digital Signature 1
  • 2 DPIN
  • LLP Deed Drafting
  • Incorporation Fees
  • 1 Lakh Capital
  • PAN & TAN
  • Certificate of Incorporation
  • ISO Certificate 2
  • MSME Certificate
  • GST Registration
  • GST Invoice Software 3

Premium

23999
  • 2 Digital Signature 1
  • 2 DPIN
  • LLP Deed Drafting
  • Incorporation Fees
  • 1 Lakh Capital
  • PAN & TAN
  • Certificate of Incorporation
  • ISO Certificate 2
  • MSME Certificate
  • GST Registration
  • GST Invoice Software 4
  • Website Design 5
  • Trademark Registration
  • Logo & Letterhead
  • Digital Signature Class-III with 2-year validity on a secure USB token.

  • In the case of the authorized capital of Rs. 10 lakhs, the stamp duty of Rs.5120 (in real-time) will be extra for the state of Gujarat. Rs 5510 will be an additional stamp duty for the state of Rajasthan. In case of incorporation in Madhya Pradesh, an additional stamp duty of Rs. 7550 will be applicable. In case of incorporation in Punjab, an additional stamp duty of Rs 15025 will apply. Contact us to know more stamp duty charges of the different state.

  • We will offer you ISO 9001:2015 (Quality Management System) Valid for 3 Years.

  • GST Invoice software valid for 1 year, Available for Desktop & Android.

  • Domain & Hosting Charges from Client Side.

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