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THINGS TO KNOW BEFORE YOU REGISTER-
TRADEMARK REGISTRATION BRAND NAME REGISTRATION

INTRODUCTION:

Is it acceptable to you, another person getting the advantages of your perspiration and hard work? A top brand name doesn’t create in one day; all things being equal, it requires long periods of consistent endeavors and sweat. In any case, when you have luckily marked your image name in the personalities of individuals, its benefits can be acknowledged by you and your period to come. Subsequently, it is of most extreme worry to secure the uniqueness of your product or administration from acquiring a yearning advantage in the market through trademark registration.

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Document Required For Trademark Registration

Basic Documents for All Entity

Entity Specific Trademark Authorisation documents

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Preparation &
Documentation for
Trademark
Registration in India

Selection of the Trademark - Preparatory Stage - 1

Each business has a few IPR like trademark, logo, punchline, name of brands, domain name, product label, and so forth. Nonetheless, such checks may not be qualified for registration as a trademark. Henceforth the initial step ought to be to recognize trademarks that meet all requirements for registration under section 9 and 11 of the Trademarks Act, 1999, which endorses for relative or supreme grounds of refusal of the trademark.

Trademark Search - Preparatory Stage -2

After the distinguishing proof of the marks of business, the following is to check whether these marks are one of a kind, and it ought not clash with another person’s existing trademark or business name. Do an exhaustive hunt in the register of trademark, which is accessible online to see whether any equivalent or comparative marks have effectively been either registered or pending registration.

Trademark Classification - Preparatory Stage - 3

There are 45 classes in which a trademark can be registered dependent on the activities for which the mark is to be utilized. The Classes 1 to 34 relates to goods whereas the classes 35 to 45 is for the service activities. One trademark might be utilized for a few business activities and may fall under more than one category of the trademark. We suggest that applications for trademark should be documented on the whole such classes where even piece of the activities relates.

Documents Required for Trademark Registration -Preparatory Stage - 4

The rundown of documents needed for filing a trademark application is given in the documentation section on this page. For the most part, authorisation to the trademark attorney, an affidavit in support of the user 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 will support you in drafting the same, and for that reason, the information may be given to us in the questionnaire.

Six Stages of Trademark Registration in India

1

Start with search of trademark in available public database

2

You may request for a free trademark search by clicking below link

3

Then fill the trademark questionnaire in full

4

Draft and execute the usership affidavit and get it notarised

5

Draft and execute attorney authorisation as per law

6

We are ready to file. All orders with complete documents are processed within 24 hours

Process of Trademark Registration in India

Filing of Trademark Application -Stage - 1

We file the Trademark Application within 24 hours of documentation and full payment. The filing is done in an online climate, and by and large, the acknowledgment of trademark filing is generated right away. The applicant can utilize TM over the trademark after the generation of filing receipt acknowledgment.

Processing of Application at Trademark Office - Stage -2

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 - Stage - 3

The trademark application is then analyzed by an examiner of the trademark to check whether the trademark is eligible for registration or not, after the assessment of the trademark application is finished, an assessment report is given with perceptions of the examiner.

Reply to Examiner Report - Stage - 4

The assessment report given as per the previous step should be answered inside a time of 30 days from the date of the issue of the assessment report. The answer to the examiner report is critical drafting, which represents the deciding moment the trademark application. We ask candidates to help us by giving most extreme conceivable information and archives for the arrangement of an answer to the Examination Report.

Show Cause Hearing- Stage - 5

In the greater part of the cases, the examiner may get fulfilled after receipt of the composed answer to the assessment report. In any case, before any adverse removal of the application, a chance of individual hearing is allowed to the candidate, this stage is known as show cause hearing.

Publication of Trademark - - Stage - 6

At the point when the examiner is satisfied with the qualification of trademark either at the phase of assessment or show cause hearing, the Trademark application is published in the trademark journal. Any individual may go against the registration of the trademark, and if no resistance is received within 90 days, the trademark gets enrolled.

Frequently Asked Questions

A trademark is registered by the registrar of trademarks only if it is unique and is not same or similar to any existing brand. The database of all registered and applied trademarks is available for public search. The applicant must search for an identical mark in the appropriate class of the TM.

What is a class of a trademark

For Trademark Registration, the goods and services are classified into 45 different classes. The most recent change in TM Classification is done by World Intellectual Property Organisation (WIPO) on 1st Feb 2018. Classes 1 to 34 pertains to goods and classes 35 to 45 are for services. The protection of the trademark is legally enforceable only within the specification of a specific class of trademark for which it is registered. Some time one trademark and the goods or services associated with it falls under multiple classes, in that case, the application should be filed in all such classes.

What is the meaning of TM or (R) Sign?

The sign “TM”, the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign ” (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.

  • “TM” – It is used when an application for Brand Registration, Trademark Registration, Logo Registration, Punchline Registration is filed.
  • “(R)” – This symbol is used when the Trademark Office issues the certificate of trademark registration
What are the pieces of information required to apply for trademark registration?

To apply for trademark registration, we need details of the owner of the trademark, communication address, type of mark, details of goods/services for which TM is in use or proposed to be used. All such information can be provided to us in a trademark questionnaire/Order Form.

What are the documents required to apply for trademark registration?

Owner of the trademark needs to authorise our panel of trademark attorney or trademark agent in the prescribed trademark authorisation form. It is like a power of attorney for trademark filing and departmental representation on behalf of the applicant. The owner of the trademark is also required to submit an affidavit sworn before notary public about the user dare of the mark. To download trademark authorisation and format of user affidavit for trademark, click on the type of applicant

Individual

Partnership 

LLP

Society

Company

Trust

Foreigner

What is the government fee for filing a trademark application

The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee.

  • For Individual and HUF – Rs 4500/-
  • For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
  • For all other applicants like companies/LLP etc. – Rs 9000/-
What are the different stages through which a trademark registration application has to go through?

Trademark registration is a long-term process, which differs on the merits of each case. In some case merely applying to the trademark registry is sufficient, while in some cases it is contested by the department or third parties.

What is Brand registration is it different from Brand Name Registration or Trademark Registration?

A trademark is something which connects the goods or services to the business which provides them. The process of registration of Brand Registration / Brand Name Registration is similar to that of a trademark registration or logo registration