Trademark Registration Online in India

Trademark Registration

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Advantages of Trademark

Exclusive Rights : The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from the unauthorised use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized user of the Trademark Registered.

Builds Trust and Goodwill : The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.

Differentiates Product : It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organisation.

Recognition to Product’s Quality : It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

Creation of Asset : Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which gives the advantage to the organisation.

Use of ® Symbol : Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.

Protection Against Infringement : No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.

Protection for 10 Years at Low Cost : Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create an unique image.

FAQ

What is a Trademark?: Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.
What is the difference between TM and ®.The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process.
The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.
What can be Trademarked?: Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
When can a person/organization use (TM) symbol?: A person/ orgabisation can use (TM) mark as soon as the Trademark application is filed and acknowledgement receipt is generated. (R) mark can be used once trademark is registered.
What does class mean in trademark?: Trademark is segregated into 45 different classes as per the NICE classification for a trademark, also known as the International Certification of Goods and Services. Each of the trademark classes represents a distinct set of goods and services.
What can be registered as a Trademark?: A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market. It also indicates the source of the products or services.
How much time will it take to get trademark registered in India?: If the trademark registry accepts the application for trademark registration without any objection and no third party objects to the trademark registration, the fastest period a trademark owner can get a trademark registration certificate is about 6-7 months from the date of filing application for trademark registration. However, the period may vary. If the trademark application gets objected by trademark registry and/or by any third party, then the trademark registration gets delayed by several months.
Should the trademark owner wait until they get registration certificate to start using the trademark?: No. Immediately after filing the trademark application, trademark registry generates an application number. The trademark owner can start using TM next to the trademark to indicate that the trademark application is under process. After obtaining the trademark registration certificate, the trademark owner can use ® in place of TM to indicate that the trademark registration in India is completed and it is valid for 10 years.
Can trademark owner use the TM symbol next to LOGO or Trademark after they apply for trademark registration?: Yes. The trademark owner can use TM symbol immediately after applying for trademark registration in India. Please read this answer in conjunction with the answer to previous question for better clarity.
What is the difference between trademark, copyright and patent?: Copyright

It protects original works in the form of intellectual property (literary, dramatic, musical, artistic etc.). A business can copyright its books, reports, audio or video materials.
Trademark

It protects words, names, symbols, colors etc that distinguish products and services from those of others. It indicates the source of the goods. A company can register its business name, logos, slogans, etc that creates the brand image of a company.
Patent

Government grants an exclusive right to an inventor for an invention for a limited period of time in exchange for the disclosure of the discovery to the general public.
What if the trademark expires ?: You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
What are the consequences of failure to renew the trademark ?: In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.
What is meant by trademark ‘opposed’ ?: In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.
Do I need to physically present for the process ?: No, you don’t need to be physically present for the process, Laudable legal solutions is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.

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