The trademark is your company’s unique identity, which sets your company apart from the competition. It could take the form of a color combination, graphic design, smell, sound, word, slogan, photograph, or logo for a company to express its unique identity or expression. However, most businesses usually register their name or logo as trademarks.
How To Register For Trademark?
The trademark protects your rights if you created your own logo or have an idea that is unique and special. Trademarks are intangible assets or intellectual property of a business. Once the company registration process is completed, it is advisable to apply for a trademark as soon as possible to protect the company’s interests and investments.
TRADEMARK REGISTRATION FEES
Depending on the nature of the applicant, trademark registration India fees vary. An ordinary applicant must pay 10,000 for trademark registration, whereas startups, small businesses, and individuals only need to pay*5000. Additionally, professional fees of *2000 may be charged.
EVERYTHING THERE IS TO KNOW ABOUT TRADEMARK REGISTRATION ONLINE
If you wish to trademark a property, what criteria need to be met? Trademark regulations in India allow you to register things like initials, symbols, colors, images, phrases, words, logos, and sounds. These features make your firm stand out from the competition. Trademark registration applications are open to non-profit organizations, limited liability companies, private firms, and individuals. Online trademark registration is required for companies, LLPs, and NGOs on behalf of the entity.
Registration of a Trademark Online: The following steps are required to register a trademark: Trademark Search: Clearance search for the name, slogan, logo, or device intended to be trademarked. It is possible to obtain information about similar existing brands by conducting a trademark search. The second step is to apply for trademark registration. trademark office in The trademark offices is located in the four Indian metropolises, namely New Delhi, Mumbai, Kolkata, and Chennai. Additionally, trademark registration applications can be submitted online. When an application is submitted, the trademark office issues a receipt that can be used later on. Trademark Examination: An examiner will examine the application after it is filed for any discrepancies. It can take about 12 to 18 months to complete the examination process. Checking for earlier registered trademarks, deficiencies, and requirements as well as the authenticity of the application is the examiner’s responsibility. Trademarks will be published in the Trademark Journal if the examiner accepts the application; however if the application is not accepted because the requirements were not met or objections were raised. After that, the applicant has one month to respond to all objections and requirements. As soon as the trademark has passed one month, it will be published in the official Trademark Journal, pending the satisfaction of the examiner. However, if the application is not allowed, a hearing will be provided for the applicant. If the examiner is satisfied with the clarification provided by the applicant, the trademark will be published in the Trademark Journal. A trademark will be registered if no objections are raised within three months of publication (extendable by one month). However, in the case of an objection, the decision of the registrar shall be final. The applicant will receive a registration certificate accompanied by the trademark office seal after the trademark has been published.
Registration of trademarks has a limited validity period
In India, trademark registration is governed by the Trademark Act, 1999. Businesses can use this registration to sue people who copy their trademarks. Individuals cannot use trademarks similar to a trademark that has already been registered. Trademark registration can also be done online. Once you register a trademark, you can use the R symbol in conjunction with it, which lasts for ten years. After approval by the registrar of trademarks, you can extend the trademark registration period for another 10 years. TM signs can be obtained within three days, but ® symbols will take about two years.
FAQ ON TRADEMARK REGISTRATION
Is it possible to register a trademark for anything?
Trademark law allows logos, words, names, devices, labels, taglines, and numerals to be registered if they are graphically represented.
What are the different reasons for trademark rejections?
Generally, trademarks with words that are found in dictionaries cannot be registered as trademarks. For example, a company selling Computers cannot register the word “Computer” as a trademark. These are known as generic names and are rejected.
In addition, words that describe the quality or type of a product or service are more likely to be rejected when applied for registration as a trademark.
There is also a risk of rejection for any mark that could mislead or deceive customers regarding quality, quantity, or geographical origin.
It is also rejected if the mark contains offensive terms or violates public morals.
State and international organization flags and emblems are also rejected as trademarks.