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Trademark Registration

Apply Trademark Registration Online

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Trademark Registration In India - An Overview

In India, registering a trademark safeguards the distinct identity of a brand. The oversight of this process falls under the purview of the Controller General of Patents, Designs, and Trademarks. Trademark registration extends to a company’s name, logo, or tagline. The procedure involves submitting an application to the Trademarks Registry, verifying its uniqueness, and having it published in the Trademarks Journal. If unchallenged, the trademark is officially registered, affording a decade of protection, with the option for renewal. This step ensures the brand’s worth and visibility remain safeguarded.

What Can You Register As a Trademark?

Within India, a wide array of items can be registered as trademarks. These encompass brand names, logos, words, slogans, sounds, scents, colors, or any distinctive symbol. These trademarks should serve to differentiate your goods or services from those of others. This practice is instrumental in preserving your business’s distinct identity and shielding it against unauthorized use.

Why Is Trademark Registration Important?

Securing trademark registration in India holds paramount importance as it acts as a safeguard for your brand, deterring others from employing similar identifiers. This process grants you legal entitlement to your brand, amplifies its market worth, and instills confidence in customers regarding the excellence of your offerings. Furthermore, it fosters brand recognition and cultivates trust among your clientele.

Trademark Classes

Across 45 distinct trademark classes, goods and services are systematically categorized. It’s crucial to exercise caution when selecting these classes, as they dictate the legitimacy of your trademark registration for your business offerings. If your business spans multiple goods or services belonging to various classes, it’s imperative to ensure that you can pursue online trademark applications for all the pertinent classes.

Some of the popular trademark classes in India are:

  • Class 9: which includes computer software and electronics,
  • Class 25: which includes clothing,
  • Class 35: which includes business management and advertising, and
    • Class 41: which includes education and entertainment.
     

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

How to Register Trademark in India With Online Legal

The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Online Complaint Help has made it easier for you by breaking it down into three parts and doing the majority of the work. Register a trademark today to protect your company’s logo, slogan, and brand.

Step 1: Trademark Search

Once you give us the basic information about what you want to apply trademark online and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.

Step 2: Class Selection and Document Collection

Your next step involves choosing the suitable class(es) for your business. However, you need not be overly concerned. Our professionals will provide adept guidance to help you pinpoint the accurate classes that comprehensively encompass your business scope. Concurrently, you can initiate the process of uploading all necessary documents (outlined in the provided list) to apply for a trademark online through your dashboard.

Step 3: Trademark Application Filing

Upon successful submission of all required documents, our team will undertake the verification process. Subsequently, we will proceed to complete the trademark application form on your behalf and submit it along with the accompanying documents. Rest assured, our team is dedicated to ensuring the precision and impeccable quality of your application, leaving no room for errors.

We will maintain consistent communication with you, providing updates throughout the entire process. Our team will vigilantly monitor any notifications from the Trademark Registry until the brand registration procedure is successfully finalized.

Congratulations! You can now start using the symbol ™ as the application has been submitted!

Step 4: Trademark Objection (in some cases)

On occasion, the examiner may raise inquiries regarding your application. These queries are communicated to you in the form of a trademark objection notice, which necessitates a response within a 30-day timeframe. Our proficient experts are adept at formulating robust objection responses and will offer guidance on submitting the appropriate documents and evidence to address the matter effectively.

Step 5: Trademark Opposition (in some cases)

There is also a possibility for a third party to contest your application. In such an event, you are required to present a counter-statement to the Registrar within a span of 2 months, outlining the reasons why the opposition lacks validity. Depending on your response, the Registrar might either dismiss the opposition or schedule a hearing for further consideration.

Trademark Objections

In certain instances, the trademark examiner might identify specific challenges or concerns pertaining to the registration of a trademark. These concerns could encompass errors such as inaccurately filed trademark application forms online, incorrect name or details, utilization of misleading or offensive terminology, inadequate information regarding goods or services, or the presence of a mark that is identical or deceptively similar.

When an objection is brought forward, the register’s status will be displayed as ‘Objected’. Following this, a meticulously crafted response, backed by a thorough analysis of the objection and supported by pertinent documents and evidence, must be submitted. Responding to the objection provides an occasion to reinforce your claim to the mark and establish a sense of urgency.

Upon approval of the response, the application will advance for brand registration and subsequent promotion in the Trademark Journal. In the event that the response is not accepted or if the examiner requires further clarifications, the possibility of a trademark hearing being scheduled exists. You will be duly notified of this through an official notice.

Generally, the process unfolds over a span of 2-4 months from the initial objection. Upon culmination, the likelihood of approval, though not assured, becomes considerably enhanced.

Trademark Opposition

Conversely, a trademark opposition entails a legal process in which a party seeks to prevent the approval of a trademark application. This opposition is initiated by third parties who believe that your trademark might potentially affect them or their own trademark. The opposition is formally presented in writing as a notice to the trademark examiner. Should the examiner discern any substance in the opposition, they are obligated to relay the notice to the applicant. In response, the applicant must furnish a counter statement to the Registrar within a stipulated span of 2 months.

In the event that the Registrar deems the counter statement to effectively address the opposition, they have the authority to dismiss the opposition. Conversely, if the Registrar believes there are further aspects to consider, they might convene a hearing wherein both parties present their arguments. Subsequent to the hearing, the Registrar will issue a decision regarding the validity of either the application or the opposition. This ruling can be contested by either party through an appeal to the Intellectual Property Appellate Board, within a span of 3 months from the time it becomes public.

Documents Required for Trademark Registration Online India

Initially, you have to provide us with the following details:

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address

The documents required are:

  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • Udyog Aadhar/MSME registration certificate (optional).

Why Online Complaint Help

Here is why you should choose Online Complaint Help for trademark registration online

  • We conduct a thorough search of the TM directory
  • We prepare the authorization letter, so we can file for tm registration on your behalf
  • Our experts guide you with the classes you need to apply under
  • We fill and apply with the Registrar
  • We constantly provide you with updates until the trademark registration process is complete
  • You get the best support throughout the online trademark registration process and all your queries will be answered.

Frequently Asked Questions (FAQs)

Find answers to common queries about our online complaint help in our Frequently Asked Questions (FAQs) section.

What is a trademark?
    1. A trademark is a unique symbol, name, word, logo, slogan, design, or combination thereof used to identify and distinguish goods or services of a particular source from those of others in the marketplace.

Why should I register a trademark?
Registering a trademark offers legal protection and exclusive rights to use the mark. It prevents others from using a similar mark for similar goods/services, enhances brand recognition, and provides a basis for legal action against infringers.
What can be registered as a trademark?
Various elements can be registered, including brand names, logos, words, phrases, sounds, colors, shapes, and even scents that uniquely identify goods or services. However, the mark should be distinctive and capable of distinguishing your offerings from others.
How long does trademark registration last?
Trademark registration typically lasts for ten years, but it can be renewed indefinitely by filing renewal applications before the expiration date. Continuous use and proper maintenance are necessary for maintaining the protection.
What is the process of trademark registration?
    1. The process involves selecting the appropriate trademark classes, conducting a search for similar marks, filing an application with the relevant authorities, responding to any objections, and, upon successful completion, obtaining the registration certificate.

     

If you require professional legal assistance, guidance, or representation, Online Complaint Help is here to help. Our Online Complaint Help services are designed to provide you with convenient access to experienced legal experts who can assist you in resolving various legal matters. Whether you’re facing a legal dispute, seeking advice on compliance, or navigating complex regulations, our team is dedicated to supporting you every step of the way.

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