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ONLINE TRADEMARK REGISTRATION

TRADEMARK REGISTRATION IN INDIA

In simple terms, trademarks are special, one-of-a-kind indicators that are used to identify a company’s goods or services. The brand registration or Trademark registration includes brand designs, images, signs, and even expressions. Having a registered trademark is essential since it sets the products apart from the competitors. It might be linked to the product or company. Trademarks are intellectual property, which means they are protected from duplication. The Trademark Act, 1999 protects trademarks and their rights.

To obtain trademark protection, it is necessary to first register a trademark. It is crucial to register your trademark since it stops others from copying it and using it to mislead other goods. Registration of Trademark assist customers in recognizing the brand and its value in a single glance.

TRADEMARK REGISTRATION IN INDIA

Trademark registration in India enables an individual to use signs or keywords to symbolize their company and its products in order to differentiate their products & services from those supplied by their competitors. Once a trademark registration process is complete, it cannot be used by anybody else for as long as it is in use.

In order to protect a brand name against malicious intent of the competitors, trademark registration online plays a crucial role. Once a trademark is registered successfully, the “TM” symbol can be used by the applicant and their brand.

TRADEMARK REGISTRATION ELIGIBILITY

ELIGIBILITY FOR HAVING A REGISTERED TRADEMARK IN INDIA

Trademark registrations are frequently used to protect unique brands, slogans, or invented terms. The eligibility criteria for trademark registration process in India for different entities are listed below:

An individual

An individual who is not in the business of selling goods or services can file a trademark application and get trademark registration for a symbol or word that the applicant intends to use in the future

Joint proprietors

In the event that two people decide to file a trademark application, both of their names must be listed on the application.

Proprietorship Firms

The complete name of the registrant must be given while submitting a trademark application in India for a proprietorship firm.

Firm in collaboration

While filing a trademark application for a partnership business, the names of all partners will be included. In case the firm involves a minor, the name of the guardian who represents the minor should be included.

Limited Liability Partnership (LLP)

The Trademark registration online for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity in which each of the partners has their own identity. Since the brand name registration belongs to the LLP, the partners can never be the applicant.

Foreign Company

If a foreign established entity applies for a trademark registration in India, the application must be filed under the corporate name, as it is registered in the foreign country. The type of registration, the country, and the statute should all be indicated here.

ADVANTAGES OF TRADEMARK REGISTRATION

BENEFITS OF HAVING A REGISTERED TRADEMARK IN INDIA

A registered trademark allows business and a third party to differentiate their goods and services from those of a competitor. However, keep in mind that geographic names, common names, popular trade phrases, and common abbreviations are not eligible for trademark registration in India.

A trademark should be simple to use, marketable, and build brand recognition for your items in addition to being unique. Having a Trademark Registration in India has various advantages or benefits for their brand registration, such as:

USE OF ® SYMBOL

The Trademark registration symbol “TM” can be used with the items after one has apply for trademark registration. Only when you’ve registered your trademark may you use the symbol “R.” Furthermore, businesses are only permitted to use the ® mark for the items and/or services stated in the registration certificate.

PROTECTION AGAINST INFRINGEMENT

No one can use your registered logo under trademark. One can seek infringement action in competent courts in the country if a registered trademark is being used without permission.

EXCLUSIVE RIGHTS

Registered Trademarks are considered as intellectual property, and they are thus secured from infringement. The exclusive right to use a trademark in relation to the “Class” of products or services it represents are also conferred by trademark registration.

GOODWILL & BUSINESS VALUATION

Trademarks that are registered and connected with the products increase the total value, goodwill, and net worth of the company in the industry. Trademarks aid in the expansion of the company. They aid in the retention of loyal customers and the protection of the company’s reputation.

BRAND RECOGNITION

Buyers link a performance of the product, quality, characteristics, and other attributes with the company that produces it. They recognize the goods by its logo, which is a recognized trademark. The products and services will be more easily recognized if businesses register a trademark. It also increases the brand’s goodwill. As a result, the brand is known and has a market worth over time. New customers are attracted by brand recognition, while existing customers are kept.

BUSINESS EXPANSION

A registered trademark establishes the connection between a company’s products and its customers. The trademark registration online aids in the maintenance and expansion of company’s consumer base. It grants an exclusive right to use it for a period of ten years, protecting the business earnings. By introducing new items and expanding their business, businesses can take advantage and benefits of having a customer base.

DIFFERENTIATES PRODUCT

The items or services that are represented by trademark registration online are distinct. The use of a trademark will allow business to distinguish their goods from that of the opponents. Furthermore, because trademark registration is applicable for the full class of goods or services represented, it will aid in distinguishing the items. Customers recognise products with distinct trademarks in a unique way, resulting in a customer base for the product.

ASSET CREATION

Trademark registration in India can be considered as a valuable asset for a company. A trademark registration is equivalent to brand name registration. Trademark registration online is considered as an intangible asset for accounting and income tax reasons.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

1. Individual/ Sole Proprietorship

1) Copy of the logo in .jpg or in .png format. Either in black & white or Coloured. Trademark can also be applied without Logo.

2) Signed Form-48, which acts like an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf on a Rs20/- stamp paper. We will provide you the format.

3) Identity Proof of the individual or Proprietor.

4) Address Proof of the individual or Proprietor.

Partnership / LLP / Company having MSME REGISTRATION

1) Copy of the logo in .JPEG or .PNG format. Either black & white or Colored image. Trademark can also be applied without Logo.

2) Signed Form-48, which acts like an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf on a Rs.20/- stamp paper. We will provide you the format.

3) MSME Registration Certificate/ Udyog Aadhar Registration Certificate. This certificates cuts down the registration cost from Rs.9500 to Rs.4500.

4) Incorporation Certificate or Partnership Deed.

5) Identity Proof of the Signatory (Director or Designated Partner

6) Address Proof of the Signatory (Director or Designated Partner)

Partnership / LLP / Company not having MSME REGISTRATION

1) Copy of the logo in .JPEG or .PNG format. Either black & white or Colored image. Trademark can also be applied without Logo.

3) Incorporation Certificate or Partnership Deed.

4) Identity Proof of the Signatory (Director or Designated Partner)

5) Address Proof of the Signatory (Director or Designated Partner)

2007 - Founded in Los Angeles

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ONLINE TRADEMARK REGISTRATION

TRADEMARK REGISTRATION ELIGIBILITY

ADVANTAGES OF TRADEMARK REGISTRATION

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

1. Individual/ Sole Proprietorship

Partnership / LLP / Company having MSME REGISTRATION

Partnership / LLP / Company not having MSME REGISTRATION

2007 - Founded in Los Angeles

2008 - Founded in Los Angeles

2009 - Founded in Los Angeles

2010 - Founded in Los Angeles

2011 - Founded in Los Angeles

2012 - Founded in Los Angeles

2013 - Founded in Los Angeles

2014 - Founded in Los Angeles

2015 - Founded in Los Angeles

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