Trademark registration in India allows the applicant to use symbols or words to represent business or products. It is defined as the identity that makes our product, company or services stand out from others. Trademark is your intellectual property/intangible assets. After the trademark is registered no other company or individual can use that as long as it remains in use and trademark registration provide rights to sue against other who try to copy your trademark and prevent others from using a similar trademark to the one registered by you.
What Can You Register as a Trademark?
We can register these things as a trademark:
1. Name
- Product Name: You can register a particular product’s name as a trademark.
- Business Name: Registering a company name as a trademark is the most common route businesses take.
- Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name!
- Abbreviations: Abbreviations of a company or brand name can also be a trademark.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business.
4. Other Options
- Colour Mark: You can trademark color or a combination of colors.
- Sound Mark: Musical notes or sounds can be trademarked if we can prove that it’s distinctive.
- Scent Mark: Even scents can be trademarked.
Why Is Trademark Registration Important?
- Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
How to Register a Trademark
The process of trademark registration online is more complicated than it appears. It involves several processes and government follow-up. Register your trademark today to protect your company’s logo, slogan, and brand.
Step 1: Trademark Search
The first step is to check whether the trademark we want to register is available or not. Because this step is necessary no matter how unique your trademark is, you still should have a search done regarding it to know whether any other person or company owns the same trademark or not. As if a similar trademark is present regarding the same kind of product, then there is an obvious chance of trademark litigation in the future and a person wants to get into trouble with litigation. So that’s why this should be done as the first step. You can do the trademark search by yourself online on the site mentioned below:
Then, after that, we need to find out in which class our product or company comes from. For that, we need to click on class details and find out every class our company or products comes into. After finding out, we need to check that there’s no other person who has the same trademark.
Step 2: Sign as a new user and register for DSC
• After that we need to fill required information and upload documents for Trademark registration. For that, we need signup as a new user on this site: Intellectual Property India
Step 3: After that Download and install the Signing Utility and then proceed for Registration:
Step 4: Then next step is to select the type of applicant and click on the search button to create a code after creating a code. Then we enter the code and click on the process and fill in all the required information and details.
Step 5: After registration, we log in with Login ID and Password/DSC and then we fill the required information
Step 6: After login, we click on New FORM Filing → File TM-A → and select others → to select the type of Applicant → Enter the class → submits.
• If you want to check class you can click on class details.
Step 7: We edit Applicant Details and class of goods & services → attach Document → Preview → digitally sign & submit.
Step 8: Final step is Payment to make a payment we need to click on payment and then make payment.
- Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days.
Documents Required and for Trademark Registration
• Applicant’s name
• Business type
• Business objectives
• Brand/logo/slogan name
• Registration address
Documents required for a trademark registration
The documents required are:
• Signed Form-48
• Identification proof of the signatory
• Address proof of the signatory
• Business proof (depends on the type of business)
• Udyog Aadhar/MSME registration certificate (optional)
Documents required in individual & sole proprietorship
• Copy of the proposed logo, ideally in black and white (which is optional). However, in case the logo is not provided, the trademark application can be filed for the word.
• Duly signed Form- 48. This form is an authorization from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
• Copy of the identity proof of the individual applicant or the proprietor which may include: passport, Aadhaar card, PAN card, etc.
• Copy of the address proof of the individual applicant or the proprietor which may include the latest electricity bill, phone bill, etc.
Documents required in partnership / LLP / company
• Scanned copy of the logo (optional)
• Duly signed Form- 48
• Udyog Aadhar Registration Certificate
• Partnership Deed or the Incorporation Certificate
• Copy of identity proof of signatory/ applicant
• Copy of address proof of signatory/ applicant
Mo. No.- 9999667262
Email ID- mylegaltax@gmail.com
Leave a Reply