In our previous blog on how to choose correct trademark class of services we have mentioned several trademark classes for both goods as well as services. Therefore, if you ever get into...
If you are running a business, selling a product or providing any kind of service to the consumers, trademark is the sign, symbol that work as an identity for you. You need to obtain the trademark registration for your trademark under the trademark Act, 1999.A trademark can be a name, a signature, word, alphabets, numbers, product shape, color combination, brand, heading, logo, a label, ticket, a device or packaging.
Trademark registration in India
Logos are very important for brand building of your organization. To ensure the integrity of your organization’s logo opt for this trademark registration plan. The Controller General of Patents, Designs, and Trade Marks in India is responsible for the Trademark registration mechanism, statutory protection of trademarks and thwarting all fraudulent activities and infringement related to trademarks.
Our expert team of Swarit Advisors ensures smooth registration of trademark and related services and is the top most top most leaders amongst the trademark registration service providers in India.
Why to obtain trademark registration for your brand?
Though not mandatory, business entities that get their trademark registered enjoy certain advantages over the others:-
- Exclusivity in terms of usage of the trademark by the owner
- Gives the owner the power to take legal action against any infringer and sue him accordingly.
Trademark Registration Services
The trademark has to be unique, distinct and must not match with any of the existing trademarks.
Step 1: The first step in Trademark registration process is preparation and filling of the Trademark application in a particular form which is available over the trademark site. The application must be filled up carefully according to the applicable rules and regulations. All mandatory fields are to be filled, and no particulars should be left blank. Leaving the form incomplete may lead to its cancellation.
Step 2: The next step is to file a trademark application online at the official site of the trademark; one can also apply for trademark registration through or in consultation with Trademark attorney/trademark consultant/trademark registration expert. The processing of the application is subject to the proper filling up of the application form and its submission with all the formalities done.
Step 3: After this, the trademark registry shall notify about the acceptance or in case of any objections, it shall also notify the same via objection notice to the applicant. Whatever are the objections in the application that are found are communicated to the applicant so that he can make the required corrections.
Step 4: The next step is the publication of the application in trademarks Journal and forwarding a copy of the relevant page of publication to the applicant.
The next crucial step in the process of Trademark Registration online is advising about the time limits for responding to office actions.
Step 5: In case there are objections, trademark attorney will help you to prepare the response to the office objections. Through the services of our Trademark Attorney, it will keep you off from the headache of fear of rejection.
Step 6: Then followed by this is the payment of the Attorney fees. The fees are subject to change from time to time. Payment of Office fees for filling up the application is to be paid for the entire client servicing duties.
Online Trademark registration Process in India
- To register trademark online is an easy task now via online logging on to the specific site meant for it.
- The fees can also be paid either online or by a draft. The required details are to be filled in the trademark application.
- There are a number of stages of the trademark registration of a trademark. Allotment of an application number is the first and the foremost step.
- Upon the receipt of the application of registration, a serial number is allotted to the same which is used as a reference number for the application.
- The registry examines the application and sends a Preliminary Examination Report together with Formalities Check report to the applicant wherein the registrar would call upon the applicant to remedy the deficiencies and departmental objections.
- If the Registrar is not satisfied with the applicants to reply to PER (Post examination report), the registrar can call the applicant for the hearing. If the applicant in his reply requested for the same, or else shall grant the certificate of trademark registration.
A person may acquire a right in a trademark in the following modes:
- Through the use of the mark concerning particular goods.
- Via the registration under the Trademark registration Act.
- By assignment or transmission of the right from another person.
Suppose, a person residing in Uttar Pradesh can apply for registration of a Trademark online, at the official site of the trademark registration of Uttar Pradesh. A trademark application can be made by an individual, a company, or other entity. One can also check trademark registration status at the official site of trademark registration.
Documents Required for trademark registration
In case the applicant is a Proprietorship
- PAN Card
- Address proof
- Logo/Brand Name(in JPG Format )
- Signed Trademark application
- Passport Size Photograph
- Address proof for the location of a business
- Power of Attorney in favor of Trademark Agent
In case the applicant is a Company/LLP/Partnership
- Incorporation Certificate of the company/ LLP certificate of registration
- MOA & AOA/ LLP Agreement/ Partnership Deed
- JPG Format of Logo/Brand Name
- Signed Trademark application
- Power of Attorney in favour of Trademark Agent
- Other registration certificate like MSME registration certificate
Trademark registration through agencies
Trademark registration entails many legal processes. The trademark registration services in India are offered by some agencies or organizations in the state. They cover all the requirements and expectations of the clients namely Trademark Search and filing, Trademark oppositions and appeals, Trademark registration, International Trademark Enforcement services. The organizations usually have a team of highly qualified and experienced trademark attorneys. These attorney are the masters in solving the client’s queries and trademark issues. Swarit advisors are the leading market leaders in trademark registration and trademark related services. To establish contact us.