Trademark Registration
A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol. A trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it, or to authorize another to use the same in return for payment.
Benefits of Trademark registration
Who can register?
- A sole proprietor
- Partnership firm
- Limited liability partnership
- Any Company
- Trust or Society
- Any Body Corporate
Why should you get your trademark registered?
- Legal ownership to your brand- you need to register your trademark to have a solid legal ownership of your brand.
- Freedom to operate- If you do not register your trademark, it is possible (or even likely) that somebody in another country will register a similar name.
- Put others in notice of your rights- Registering your trademark is a good way of reducing the likelihood of somebody infringing your rights.
- Increase the value of your brand- Registered trademarks increase the value of your brand.
- Investor’s value intellectual property protection- Investor’s value companies higher that has protected its intellectual property.
- Leveraging revenue resources- Trademark protection is essential for licensing
Process of Issue of Trademark
The overall incorporation application filing may take 4-6 business days.
1. Collection of basic information
Filing of Trademark Application
Publication
Receipt of Registration certificate
1. Collection of basic information
- Appropriate class
- Trademark Search & Availability Check to reduce chances of the application being objected or opposed or refused.
- Prepare search report and send it for review
Filing of Trademark Application
- Prepare trademark application and send it for review
- Filing of online Trademark application
- Registrar will examine application, if accepted unconditionally, the trademark gets published in the Trademark Journal
- If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month's time would be given to fulfil the conditions or response to the objections
Publication
- Once such response is accepted, the trademark is published in the Trademark Journal.
- If the response is not accepted, one can request a hearing.
- If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
- If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Receipt of Registration certificate
- Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued
- The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually
General practices to choose and apply the name are:
Name should be distinct and unique.
Name should be short and simple.
Name should not contain any restricted words.
Name should not infringe any Trademark Registered and should not be identical to any company or LLP registered.
SC are required to file various eForms on MCA portal, digitally sign documents for the incorporation of the company and other applications.
Application for online registration of the company is required to be made online using SPICe INC-32 form along with e-MOA & e-AOA. DIN PAN, TAN etc. are to be filed along with SPICE INC-32.
On review and verification and after satisfaction, Registrar may issue the Certificate of Incorporation showing the Corporate Identification Number (CIN) and date of incorporation of the company along with the PAN and TAN of the company.
After depositing the initial capital in the bank account of the company, it is required to file form INC-20A for Commencement of Business post which a company can commence its business.
Documents required for Trademark
- Legal Status of the Applicant i.e., proprietorship, partnership, individual, HUF, Body Corporate
- Name and address of the proprietor/partnership, individual, HUF, or other Body Corporate
- Charter documents
- For company- COI, MOA, and AOA
- For LLP-Details of partners along with LLP Agreement in case applicant is LLP
- For partnership- Partnership deed
- Nature of business of the applicant
- Trade mark to be applied for i.e., wordmark, device mark etc along with the logo
- Translation or Transliteration of the Trade mark (if in any language other than English);
- User detail of the Trade marke., Proposed to be used or if the mark has been commercially used then the date of first use (dd/mm/yyyy) should be filed
- Brochure of the entity
How can Startup Movers assist you in Trademark for your entity?
HOW STARTUP MOVERS CAN HELP YOU?
- Search Reports
- Drafting and filing of trademark application
- Dealing with trademark objection and opposition
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Frequently asked questions
Any person or an entity which claims to be proprietor of a Trade mark can file a Trade mark application in respect of desired specification of goods or services
In case of Indian Applicants, the State of Jurisdiction/ appropriate office will be the place under whose jurisdiction the Applicant’s principal place of business falls and in case of Foreign Applicant’s the State of Jurisdiction/ appropriate office will be the place within whose jurisdiction the Applicant’s agent/ attorney is situated.
No, registration of a Trademark is not mandatory in India but it is advisable to do so.
Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark Law is TRIPS obedient and provides for protection of well-known trademarks and recognizes trans-border reputation
No, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India.
Yes, a statement of use including whether the mark has been in use or is proposed to be used is required to be filed at the time of filing a trademark in India
Ten Years and is renewal every 10years.
