Trademark Registration: Safeguard your brand with legal protection. Conduct a thorough search before filing to prevent infringement. Choose the right classes for your products/services. True Auditor ensures a seamless registration process, providing expert guidance and support.
₹2,499
₹1,499
Plus Govt Fees
Overview
Trademark Registration is key for businesses to protect their Intellectual Property. Registering gives you Brand Protection and the sole Legal Rights to your symbol, logo, or name. Always do a Trademark Search before registering. This ensures no other trademarks could cause Infringement. For your application, you’ll choose Trademark Classes and send it to the Trademark Office. Consulting a Trademark Attorney can make the process smoother. After registering, you can use the Trademark Symbol. Do not forget to meet Renewal deadlines to keep your rights. This whole process strengthens your Brand Identity and stops others from copying.
What Can You Register As A Trademark?
In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.
Why Is Trademark Registration Important?
Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
Types Of Trademark Registrations In India
Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:
Pattern Mark
A Pattern Mark is characterized by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern
Label Trademark
A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
One of the famous brand who has trademarked their label is Coca Cola.
3D Trademark
Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act – which outlines that the mark must be visually representable and distinguishable from other goods and services.
The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks
Slogan/Tagline
Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
Nike's ‘Just Do It’ is a perfect example of a slogan trademarkedDevice Trademark
Device trademarks are visual elements that are used to create unique and recognisable representation
These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.
The iconic PUMA’s symbol is a classic example of a Device trademark
Documents Required For Trademark Registration Online India
The following documents should be submitted for trademark registration in India
- Image of the trademark
- Power of Attorney(drafted by us)
- User affidavit ( only if prior user of trademark)
- TM-A form (drafted by us)
- Id Proof of the applicant along with Address.
Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:
- Applicant name: The name of the person, business, or organisation submitting an application to register a trademark
- Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship
- Objectives of the Business: Give an overview of your company’s nature of business and operations under the trademark
- Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark
- Registration Address: Provide the official address of the organisation submitting the trademark application
- Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that makes your case stronger.
Trademark Symbols And Their Uses
In general there are three types of symbols and are used in different cases as explained below:
R SYMBOL
The R symbol denotes that the trademark is registered and no one can copy it. This provides the maximum degree of protection available for a trademark that has been registered. To put it simply, if the R symbol is granted to a trademark one cannot reuse it anywhere.
™ SYMBOL
This symbol is used while you are waiting for your application to be reviewed by the Registrar. This symbol can prevent others from using the mark by indicating that you are claiming rights inside it. The user may also be granted common law trademark rights by using the TM symbol.
SM SYMBOL
The SM symbol represents a service mark. Its purpose is to signal the assertion of rights in the mark, specifically in connection with services like banking or legal services, as opposed to physical goods. Similar to the TM symbol, having a SM symbol does not automatically ensure legal protection for the owner’s mark under trademark laws. Additionally, the registration status of a service mark does not affect the authorisation to use the SM symbol.
Why True Auditor?
Here is why you should choose True Auditor for trademark registration online:-
- We conduct a thorough search of the TM directory
- We prepare the authorization letter, so we can file for tm registration on your behalf
- Our experts guide you with the classes you need to apply under
- We fill and apply with the Registrar
- We constantly provide you with updates until the trademark registration process is complete
- You get the best support throughout the online trademark registration process and all your queries will be answered.
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