Trademark - Renit Advisors

TRADEMARK

Trademark registration in India allows the applicant to use symbols or words to represent a business or the products that are offered by a business to distinguish the goods or services that are offered by them from the competitors. After the trademark is registered in India no other organization cannot use it as long as it remains in use.The “™” symbol can be used with the trademark applicant with the brand once it is registered.

Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.IndiaFilings has helped thousands of applicants across India to get their trademark registered.

Documents Required for Trademark Registration

1.Identity proof of the trademark owner

2. PAN

3. Passport.

4. Aadhar Card

5. Certificate of Incorporation ( In case of a Private Limited Company or an LLP)

6. Udyog Aadhar Registration

7. Logo if it is applicable and available

8. Address proof

FREQUENTLY ASKED QUESTIONS (FAQS)

Who needs Trademark registration?

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.

Which Trademarks cannot be registered?

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.

What is trademark class?

To standardise 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.

Is my Trademark application valid across the world?

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.

Can foreigner or a foreigner entity get a trademark registered in India

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

How long it takes to obtain a Trademark registration?

Trademark applications can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark

When is the TM mark used?NGO

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks..

When is the ® mark used?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided

What happens when the Trademark application gets refused?

If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.

What is the function of the Trademark

The trademark Identifies the goods or services and its origin It guarantees its unchanged quality The trademark guarantees its unchanged quality registration creates a brand identity or the images for the goods and services.

What information should the trademark application contain?

The trademark registration application has to contain the following information:

What are the documents required for trademark registration?

For obtaining a trademark registration in India the following documents are to be submitted:

What forms are to be filed while making a trademark application?

Form 48 and TM 1 has to be filed for making a trademark application.