Trademark Registration Application
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What is it? | Why Needed? | Documents Required | Service Package | FAQs
Trademark Registration Application
Trademark is a legal medium to abide a product/service by an expression to secure the brand name, prevent piracy and earn royalties.
Trademark is a unique expression that is used to differentiate a product/service from that of the others i.e. competitors. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell or any combination thereof. By getting trademark registration the owners of trademarks get exclusive rights to use their brand name under an specified class(es) they are listed in out of the 45 classes available. one of the most important role of trademark is to secure your brand name, prevents piracy issues and earn royalties.
Legal Brother’s is clearly an expert in trademark registrations for pan India locations. You may contact us to get your trademark registrations in easy and affordable way in Delhi, Mumbai, Bangalore, Kolkata, Kanpur, Bareilly, Lucknow, Kanpur, Ghaziabad, Ludhiana, Faridabad, Meerut, Varanasi, Srinagar, Amritsar, Allahabad, Chandigarh, Bareilly, Moradabad, Gurgaon, Aligarh, Jalandhar or any other cities in India.
Brand Tag Lines & Logo
Innovation and You
Impossible is Nothing
Example of trademark registration:
These big brands started their business from “Level-zero” just like many of us. They chose trademark registration because they knew that only company registration will not bring your brand name it’s security. So, trademark registration is needed to claim your unique brand name & stop others from using it to increase their sales. If you are starting a company, either do a quick trademark public search of your proposed brand name or you may call us to know your proposed brand name’s trademark availability.
What can be Trademarked?
Name
Words / Slogans
Logo / Image
Sound Mark
Numbers and Combination Thereof
Who can apply for a trademark?
Any person/business who claims to be the owner can apply for a trademark, Like:
Individual
Proprietor
Company
And any other entities
What are the benefits of a TRADEMARK REGISTRATION?
- Secure your unique brand name from being used without your consent.
- Prevent piracy to secure you your sales
- Earn royalties from the parties interested to use your brand name to serve your product/ service rather than starting their own venture.
- Create Goodwill and promote brand itself
- Capturing the value of what you create
What is the process of a trademark registration?
Generally the trademark registration process takes minimum 6 months depending upon uniqueness of a brand name . Sometime it will take more time depending queries/ objection raised by Registrar of Trademark.
- Step 1: Trademark Name Search (Within 1 Hour)
Legal Brother’s will check for the trademark availability/ brand name availability on the behalf of you, our valuable customers; to make sure that your desired name/design/tagline/logo/etc. either not has been taken already or is too similar to an already existing one. This check is necessary to avoid issues/reduce chances of objections/ to save you from an avoidable time wastage and make it cost-effective for you.
- Step 2: Create Trademark Application (Within 24 Hour)
Once the Trademark search is done, we will provide you a list of documents required and an authorization letter, which has to be duly signed by you & submitted to us. Which will give us the authority to file a trademark application on your behalf.
- Step 3: Submit Trademark Application (Within 24 Hour)
Having the the authorization letter with the correct information, our lawyers will file the trademark on your behalf. As soon as that is done, we will provide you with a TM application number and thus you can immediately start using the ™ symbol with your brand name. We file the trademark through both the online and offline medium.
- Step 4: Trademark query/ Objection
Post the submission of the trademark application, the government (Trademark Registrar) verifies the application and has the right to raise objection. They are free to raise objections as they find. This process may take 45-60 days.
- Cases 1: Incase an objection is raised at the registrar’s level:
Steps: In cases when the registrar raises a query and objection, the trademark will need replies to be filed within 30 days or as registrar deem fit to allow further days. Legal Brother’s will file a reply as given an approval by you. Post the reply the registrar may accept or raise more/ different queries. Then the registrar may ask the application to go through a show cause hearing (Face to face OR Video conference hearing) with a bunch of appropriate documents to prove you application’s robustness. The date of show-cause-hearing may be scheduled for any date within 1 year from the date of application/ reply filing or as fixed by the registrar.
- Case 2: Incase of No further objections
Steps: In cases when the registrar isn’t left with any objections, they accept the application and publish the trademark request for public review for 4 months. If any oppositions are being raised that need to be replied with a counter statement (of course a professional’s cup of tea). Post which the trademark application will be accepted or rejected/ abandoned.
- Step 5: Trademark Registration complete
Steps: when all the replies and counter statements are accepted then the trademark registration process is completed and you can use “® Registered” symbol with your brand name.
Trademark Symbols
® – R SYMBOL
You can use the ® – R Symbol as soon as your trademark is registered and you have received the trademark registration certificate.
™ – TM SYMBOL
The ™ – TM Symbol is used in connection with an unregistered trademark. The ™ mark does not guarantee that your trademark is protected completely until it gets registered.
SM SYMBOL
The SM symbol concerns those in the service industry. This is generally used in connection with a service mark like banking, legal services, etc.
Why Needed: Reasons & Benefits
The Features and benefits of a Trademark registration are:
Prevent Piracy, unique identity
You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring
this. The Registrar / court would then stop any similar words or slogans from being registered.
Legal Protection
If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.
Earn Royalties
Businesses can earn huge money as royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
Documents Required
- KYC of the Applicant / Designated person
- Type of Business
- Main Objectives of the Business
- Name of the Brand/ Slogan/ Logo
- Address of Registration
- User Since date of using such Brand Name, if any
