TRADEMARK REGISTRATION
| Basic | Advance |
|---|---|
| ✔ TM Application Filing | ✔ TM Application Filing |
| ✔ TM Objection Reply | |
| ✔ TM Hearing | |
| ✔ Professional Consultancy | |
| Add-Ons | |
| ✔ Logo Design | |
| ✔ Logo Documentation |
Trademark Registration
Trademark Registration in India with Bharat Filing Point
Welcome to Bharat Filing Point! We are your one-stop solution for all your business setup and registration needs in India.
At Bharat Filing Point, we understand the complexities of starting and running a business in India. That’s why we are dedicated to providing hassle-free and efficient services to help you navigate through the various legal requirements and regulations.
Introduction to Trademark Registration in India
Trademark registration in India is a crucial step for businesses seeking to establish and protect their brand identity. By registering a trademark, companies can gain exclusive rights to use their brand name, logo, and slogans, preventing unauthorized use by competitors and ensuring legal protection.
Benefits of Trademark Registration in India
- Exclusive Rights: Establish exclusive rights to use the trademark in association with the stated goods or services.
- Brand Protection: Safeguard your brand identity from infringement or dilution.
- Valuable Asset: Enhance your market position and create a valuable business asset.
- Legal Protection: Facilitate enforcement against counterfeit products and unauthorized use, both within India and for potential international expansion.
Steps for Trademark Registration in India
1. Assess Your Trademark
Provide the following details about the trademark you want to register:
- Name of the trademark
- Logo or design, if applicable
- Slogan, if any
- Description of the goods or services the trademark will be used for
- Class or classes of goods or services the trademark should be registered under
2. Conduct a Trademark Search
Before applying, conduct a thorough search to ensure that your trademark is unique and not already registered by another entity.
3. File the Trademark Application
Submit your application with the required details and documents to the Trademark Registry. This includes the trademark name, logo, class of goods/services, and applicant information.
4. Examination and Publication
The Trademark Office will examine the application to ensure compliance with legal requirements. If approved, the trademark will be published in the Trademark Journal.
5. Opposition Period
After publication, there is a four-month opposition period during which third parties can oppose the trademark registration.
6. Registration and Certificate Issuance
If no opposition is filed or successfully defended, the trademark will be registered, and a registration certificate will be issued.
Compliance and Maintenance
Regularly monitor and renew your trademark to maintain its validity. Address any potential infringements promptly to protect your brand.
Why Choose Bharat Filing Point?
- Expert Guidance: Our team of legal experts and business professionals will guide you through the entire registration process.
- Hassle-Free Services: We handle all the complexities, so you can focus on growing your business.
- Efficient Process: Benefit from our streamlined services to get your trademark registered quickly and effectively.
Contact Us
Do you have questions about how we can help your company? Send us an email and we’ll get in touch shortly.
Mail: info@bharatfilingpoint.com
Website: www.bharatfilingpoint.com
Join us today and experience the convenience and reliability of Bharat Filing Point!
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Trademark Registration in India
For trademark registration in India, the required documents vary depending on the type of applicant, such as an individual, sole proprietor, partnership firm, limited liability partnership (LLP), company, trust, society, or statutory body. Here is a comprehensive list of documents required for different types of applicants:
For Individual Applicants or Sole Proprietors
- Logo or Trademark Copy (optional): In JPEG or PNG format, preferably black and white, size 8×8 cm.
- Form TM-48: Authorization form for a Trademark Agent/Attorney to file the application on behalf of the applicant.
- Proof of Identity: Voter ID, valid passport, or other government-issued ID mentioning name and date of birth.
- Address Proof: Aadhar card, valid passport, or valid driving license.
- Digital Signature: Required for signing the application form.
- Trademark Entity Documents: If the trademark is a word in a vernacular language, an English translation must be attached. For logos, designs, or sounds, a soft copy is required.
For Business Entities (Partnerships, LLPs, and Companies)
- Partnership Deed or LLP Incorporation Certificate: For partnerships and LLPs.
- Company Incorporation Certificate: For companies.
- Identity Proof of the Signatory: For the authorized person filing the application.
- Address Proof of the Signatory: For the authorized person filing the application.
- Udyog Aadhar Registration Certificate: If applicable, for small enterprises.
- Trademark Representation: A clear representation of the trademark.
For Trusts, Societies, Statutory Bodies, and Others
- Trust Deed or Registration Certificate: Proof of the existence of the organization.
- Identity Proof of the Authorized Signatory: For the person authorized to file the application.
- Address Proof of the Authorized Signatory: For the person authorized to file the application.
Common Documents for All Applicants
- Trademark Application Form: The formal document seeking trademark registration, containing details about the applicant, the mark, and the associated goods or services.
- List of Goods and Services: An exhaustive list categorized according to the international classification system.
- Proof of Use: Evidence demonstrating the actual use of the trademark in commerce, if required.
- Priority Document: If claiming priority based on a foreign application.
- Fee Payment Receipt: Evidence of payment for the prescribed application fees.
Additional Considerations
- Power of Attorney: If engaging the services of a trademark attorney.
- Specimen of the Trademark: Such as a label or packaging, to illustrate how the mark is utilized.
- Description of Goods or Services: Define the goods or services associated with the trademark.
It is important to note that only scanned copies of the original documents are required for the registration process, and the documents must be submitted in the prescribed format and size. The trademark registration fee varies, with a lower fee applicable for small enterprises, startups, proprietorships, and individuals, and a higher fee for other entities. It is advisable to consult with a trademark attorney or expert to ensure that all documentation is accurate and complete to avoid any delays or issues in the registration process.
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Trademark Registration FAQ’s
What is a trademark?
A brand name is a particular marker that recognizes items or administrations from contenders. It can incorporate images, plans, articulations, or recognizable highlights related with a particular brand.
Why should I register my trademark?
Who can apply for trademark registration in India?
What are the types of trademark registrations in India?
How do I choose the correct trademark class?
Why is a trademark search necessary?
What is the time-frame for obtaining certification of Inter-Ministerial Board for availing tax exemption post successful application?
The Inter- Ministerial Board meeting typical takes place once a month. The cases in the meeting are processed in a serial order. The communication regarding the decision is sent to the registered email address of the Startup.
To regularly follow updates of the IMB meetings, you may refer to the IMB notifications on our website by clicking here.
What initial details are required for trademark registration?
Introductory subtleties incorporate the candidates name, business type, business targets, brand/logo/motto name, and enlistment address.
What documents are needed for trademark registration?
Required documents vary by applicant type. Common documents include PAN card, Aadhar card, GST certificate, incorporation certificate, and partnership deed.
Brand name enlistment safeguards your privileges to utilize the imprint and gives lawful plan of action against encroachment. It stays substantial for a long time, with the choice to endlessly recharge.