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Trademark Registration
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What is a Trademark Registration?
Trademark is a legal protection to anything that gives a unique identity to a product or a service, it includes protection of a word, a label, a device, a shape, or a logo. The Trademark Act 1999, allows a business owner to register a trademark in India. This makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark.
Trademark registration takes almost 15-18 months after the application is filed. This is because of a lengthy process including validating original ownership of the trademark, formality check pass/fail, Examination report, Hearing, Opposition and then the final stage of Registration which is valid for 10 years.
Benefits of Trademark Registration:
Creates Goodwill
Goodwill is the most important value addition to the business that comes with Trademark Registration. The owner of the trademark has a right to establish and protect the goodwill of his/her products and services. The owner can stop other businesses to use his/her trademark unlawfully. He/she can also sue the infringer for unlawful usage of his/her registered trademark.
Creates Unique Identity
It creates a unique brand identity and thereby differentiates the products and services from other similar businesses. Not only does it help companies to find their brand identity but also plays a pivotal role in advertising and increases the brand value.
Creation of an Intellectual Property
A registered trademark not only gives a benefit of unique identity but also is an asset to the company. This intellectual property can be transferred or sold in the future.
Legal Protection
A registered trademark gives its owner a legal right in case of infringement. If a trademark is not registered, the brand is exposed to threats of brand name to be used unlawfully by other businesses. Not registering a trademark leaves the owner of the original brand vulnerable and without any remedy.
Use of the symbol “TM” or ®
A trademark gives you a right to use the symbol “TM” or “®” with the logo. “TM” symbol signifies that the brand is in the process of registering a trademark. “®” signify that the brand has already registered its trademark. Therefore, the usage of these symbols helps in knowing the information on the Trademark status.
Documents Required for Trademark Registration:
User affidavit
User affidavit or trademark statement of use is an affidavit that must be attached to a trademark registration application when previous use claim is made. Under the Trade Mark Rules, 2017, the trademark user affidavit has been made a mandatory attachment with all trademark applications claiming prior use.
MSME Certificate/Start-up India Registration
Partnership Firms or Body Corporates can provide MSME registration certificate or Start-up India Certificate to avail 50% rebate on the Government fee
Signed form TM-48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by AVI professionals for the signature
Identity and Address Proof
PAN Card and Address Proof of the applicant. Certificate of registration in case the applicant is a company.
Brand name and Logo
Both brand name and logo is required for registering a trademark.
Trademark registration process:
Day 1:
- Collection of required information
- Classification of Trademark Class
- Checking availability of Trademark
Day 2:
- Preparing the required documentation
Day 3:
- Filing of online Trademark Registration application
- Sharing the filed application & receipt
Day 4:
- Government processing time
Day 1:
- Collection of required information
- Classification of Trademark Class
- Checking availability of Trademark
Day 3:
- Filing of online Trademark Registration application
- Sharing the filed application & receipt
Day 2:
- Preparing the required documentation
Day 4:
- Government processing time
Frequently Asked Questions
All you need to know before applying for TradeMark Registration:
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