Trusted By Over 11K Brands In India
Trademark or Brands is the most valuable asset for any business. We apply for trademark registration within 24 Hours @ Rs. 1,999/- Only. The government fee depends on the type of applicant and the number of classes. Get your IPR protected with a 18+ Years experienced legal team.
Meaning of the Trademark.
A trademark is a unique mark or sign representing a business that distinctively identifies it from another firm and builds its credibility. You will spot or say recognise trademarks of your business in the Name of Your Business, Brand Name, Label, Product Name, Logo, Punchline, and the Domain Names. It is necessary to identify and protect all the Intellectual Property Rights of your business, including Trademarks. Setindiabiz is actively helping over eleven thousand entrepreneurs in the registration and protection of their IPR.
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Types of Trademark With Examples
The Intellectual Rights that can be categorised as a trademark may be many.
Business Name
The most important trademark is your Business Name, You must protect it immediately before someone else steals it.
Logo of the Company
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image
Brands of The Company
The products of business are known by their independent name. It may be a wordmark or a device mark (image).
Punchline Or Slogan
Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark in India.
Domain Name
The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it
Sound Mark
If a sound is unique to your business like the Airtel ringtone or ICICI jingle, then ensure to register it as Sound Mark
Checklist For Trademark Filing in India
1
Identify all IPR Assets for ™ Registration: Every business has several IPR such as trademark, logo, punchline, brand name, domain name, product label, etc. However, such marks may not be eligible for registration as a trademark. Hence the first step should be to identify trademarks that qualify for registration under sections 9 and 11 of the Trademarks Act, 1999, which prescribes for relative or absolute grounds of refusal of the trademark.
2
Conduct Trademark Search: After identifying the marks of business, the next is to see if these marks are unique and should not conflict with someone else’s existing trademark or business name. Carry out a comprehensive search in the register of trademark, which is available online, to find out if any same or similar marks have already been either registered or pending registration.
3
Classify Trademark Correctly: There are 45 classes in which a trademark can be registered based on the activities for which the mark to be used; classes 1 to 34 pertain to goods, whereas classes 35 to 45 are for service activities. One trademark may be used for several business activities and may fall under more than one trademark category. We recommend that trademark applications must be filed in all such classes where even part of the activities relates.
4
Drafting of Documents: The list of documents required for filing a trademark application is provided in the documentation section on this page. Generally, authorisation to the trademark attorney, an affidavit in support of the usership date as to be claimed in the application, is required. These documents are to be made on non-judicial stamp paper, which is further notarised. We shall support you in drafting the same, and for that purpose, the information may be given to us in the questionnaire.
5
We help end to end process for Trademark Registration: Based on the information in the trademark questionnaire, we shall help you to draft the appropriate user affidavit and attorney authorisation. The user affidavit and attorney authorisation need to be notarised as per law. We will draft the TM Application and share it with you for confirmation. After your approval, the application shall be filed ASAP
Step Wise Process for Trademark Registration
- Filing of Trademark Application
We file the Trademark Application within 24 hours of documentation and Full Payment. The Trademark Filing is an online process, the acknowledgement of trademark filing is generated immediately. The applicant can use TM over the trademark after the generation of filing receipt acknowledgement.
- Processing of Application at Trademark Office
After the application is filed, it is scrutinized for defects, if any, and based on the assessment, the ™ office marks the application for further examination or declares the filing a pre scrutiny fail application; these kinds of errors are then required to be removed.
- Examination of Trademark Application
An examiner of the trademark examines the trademark application to see if the trademark is eligible for registration or not; after the examination of the trademark application, the examiner releases an examination report with his observations.
- Reply to Examiner ReportReply to Examiner Report
The trademark applicant must reply to the examination report within 30 days of the issue of the examination report. The reply to the examiner report is significant drafting, which makes or breaks the trademark application. We urge applicants to assist us by providing the maximum possible information and documents to prepare the reply to the Examination Report.
- Show Cause Hearing
In most cases, the examiner may get satisfied after receiving the written reply to the examination report. However, before any adverse disposal of the application, an opportunity for a personal hearing is granted to the applicant; this stage is known as show cause hearing.
- Publication of Trademark
When the examiner is satisfied with trademark eligibility either at the examination stage or show cause hearing, the Trademark application is published in the trademark journal. Any person may oppose the trademark registration, and in case no opposition is received within 90 days, the trademark gets registered.
- Registration Certificate of Trademark
Finally, after the trademark registration, a certificate of registration is issued by the registrar of trademarks. The registration certificate is valid for ten years from the date of making the application. The trademarks need to be renewed for another term of 10 years for any number of years.
List of Documents for Filing a Trademark in India
| A. Basic Documents |
| B. Downloadable Draft Formats |
| Trademark Questionnaire Image of Logo or Device Mark in JPEGTrademark Attorney AuthorisationUser Affidavit |
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