TRADEAMRK REGISTRATION
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
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How Can You Register As a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.
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a- Name
- Product Name, Business Name, Person’s Name/Surname, Abbreviations b- Logo/Symbol
- Colour Mark, Sound Mark, Sound Mark
c- Tagline
d- Other Options
Tradeamark 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 for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.
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.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 12:
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising
- 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..
How to Register a Trademark?
The process of trademark registration online is more complicated than it appears. It involves a number of processes and government follow-up. ECS India has made it easier for you by breaking it down into three parts and doing the majority of the work. Register your trademark today to protect your company's logo, slogan, and brand.
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Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.Step 1: -
Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in your dashboard.
Step 2: -
Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Congratulations! You can now start using the symbol ™ as the application has been submitted!Step 3: -
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. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 4: -
Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
Step 5:
Documents Required
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
- 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)
TRADEMARK REGISTRATION: FAQ
Ans: Any word, name, device, label, numerals, or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
Ans: Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Ans: To standardize the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
Ans: No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
Ans: Yes, a foreign person or a foreign entity can apply for trademark registration in India.
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