What is Trademark?

About Trademark

Trademark Classes List

Trademark is a “brand” or “logo” marking that can be used for distinguishing your product from other competitors. Through trademark registration or say logo registration/brand registration, you can protect your brand or logo by restricting other persons from using it. For e.g. the logo of SPRITE cool drink and their tagline CLEAR HAI is a registered brand name. By applying trademark for your logo or brand, you are providing it protection against its illegal usage. A registered trademark is an intangible asset of a business and is used to protect the company’s investment in the brand or symbol. After application for Trademarking your logo or brand is filed, a registered TM symbol which works as trademark applied is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use Registered ® symbol with your brand name. It is advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Before applying for trademark, make sure to check trademarks availability and trademark search should be first priority after starting your company/business. Trademark public search is a significant step before trademark registration. A related search for trademark name will help you to avoid future intellectual property related problems.

In case trademark is not registered then No action can be taken against any other party who is trying to copy your business name/logo/brand.

Trademark Registrations or TM Registrations can be done easily through Proworktree from any place in India.

REASON TO HAVE YOUR TRADEMARK REGISTERED

Legal Protection

The legal ownership of the registered trademark will give right to restrict another person to use your registered trademark without prior permission. The registered trademark holder is only eligible person to take any legal action against anyone who tries to copy the trademark without any prior permission.

Intellectual Property

Registered trademark is treated as an intellectual property asset or intangible asset and the owner of such asset can easily sell, franchise or allow it on contract basis to others with or without consideration

Brand/Goodwill Building

Registered trademark creates a unique identity of your product/service, which shows the trust, goodwill/brand and quality in the minds of your customer.

Registered Brand Name

Your business or product name becomes a registered brand name as well as symbol. it bring a seperate visibility of the brand image.

Trademark Registration Process

Following are the steps involved in Trademark Registration:

1. Trademark Search: Trademarks are protected by “class”. There are 45 International Classes based on different kind of products/services. We will conduct a details trademark search in online registry in appropriate class and will provide you the search report with the availability and chances of getting registered.

2. Trademark Filing: Once the brand names are finalized we will proceed with the filing, For filing the application we don’t need any documentation, we just require the Applicant details (Name, Address & Authorized Signatory) with these details we will prepare POA. On receiving the signed POA document we will process the trademark application filing and provide you the Acknowledgement. From the time of Acknowledgement generated you can use TM on your brand name.

3.Trademark Registration Period & Validity: Trademark registration takes nearly 1 – 2 years of time. Trademark is valid for 10 Years from the date of filing. For every 10 years we have to renew the application. Trademarks are territorial rights, it is valid across INDIA.

4. Trademark Examination: Every application will be examined by The registrar and if they have any objection they will send an objection report to us, for that we need to give our reply. These objections are very common and normal.

5. Trademark Journal / Opposition Period: On successful completion of Examination process trademark will be further published in trademark online journal and Trademark registry will give 4 months’ time for any third party persons to raise an opposition with valid evidences.

Note: In case if any objection/issue raised then additional charges are applicable

6. Trademark Registration: On successful completion of Opposition/Opposition period trademark registry gives us a registered certificate.

Note: In case if any objection/issue raised then following are the additional charges which will be charged for completing this process, however for normal objections we reply without any charges :

1. Responding to office action from trademark registry (In Specific cases)………………INR 3500.00

2. Attending Hearing at Trademark Registry………………………….INR 6000.00

3. Responding to any opposition from trademark registry…………...INR 6000.00

4. Responding to any third party oppositions…………………………..INR 6000.00

Third party opposition charges will vary from case to case depending on the jurisdiction.

Different Symbols Under Trademark:

TM Symbol – It is used with the brand name until trademark is not registered and the application status is in pending.

SM Symbol – It one of a kind of trademark which is called as Service Mark. it describes services rather than product.

R Symbol – it means Trademark is registered and Certificate of Registration is issued by the Trademark Registrar.

What is included in our Trademark Registration package

• check_circle CONSULTATION ON CLASS & AVAILABILTY
• check_circle SAME DAY FILING
• check_circle APPLICATION PREPARATION
• check_circle GOVT FEES INCLUDED
• check_circle TRADEMARK NAME SEARCH
• check_circleAPPLICATION FILING
• check_circleGOVT FEES INCLUDED
• check_circleAFTER APPLICATION SUPPORT
• check_circleTIMELY APPL. STATUS UPDATES

STEPS OF TRADEMARK REGISTRATION