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Here’s How It Works

1

Through our Nimble Trio expert, submit your paperwork.

2

Documents will be verified by a Nimble Trio expert.

3

Get your trademark registered

Here’s What You’ll Need

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Did you know ?

1. Identifying commercial origin requires a distinctive mark. Names for products or companies should be either suggestive or random

2. Your trademark application must specify which products or services will be covered by the mark.

Overview - Overview for Trademark Registration

Building a brand takes a lot of time, effort, and money. You must therefore ensure that you have the right to use your brand’s logo, tagline, product shape, package, sound, fragrance, and colour combinations. A trademark is an intellectual property that distinguishes your products or services from those of your competitors.In India, trademarks can be registered under the Trademark Act, 1999. Registration gives the holder exclusive ownership rights and prevents others from using it.

With trademark registration, the ‘TM’ symbol may be used for both the applicant and the brand. The brand name must be protected by registering a trademark in India. Obtaining trademark registration under the supervision of a professional is usually the best option since it involves several steps and requires constant government monitoring.

Benefits- Benefits of Trademark Registration

Trademark registration entitles them to intellectual property protection and prevents them from being infringed. In addition, trademark registration grants exclusive rights to use the trademark in connection with the ‘Class’ of goods or services it represents. The Symbol ‘TM’ can be used with your products once you have filed your trademark application. After registering your trademark, you can use the symbol ‘R’. Furthermore, you may only use the ® symbol for goods and/or services listed in the registration certificate. If you are the victim of unauthorised use of a registered trademark, you can file a lawsuit in the appropriate court in your country for infringement.

There is a distinct difference between trademark registrations and the goods or services they represent. By using a trademark, you will be able to differentiate your product from that of your competitors. Furthermore, the trademark registration will be valid for the entire class of goods or services represented, enabling your products to be distinctly identified. You can create a customer base for your product by using trademarks that your customers can identify uniquely.

It is easy for customers to associate a product’s performance, quality, features, and so on with the company that makes it. Generally, they identify the product by its logo, which is a registered trademark. The registration of a trademark facilitates the recognition of your goods and services. Additionally, it creates goodwill associated with the brand. Over time, your brand becomes recognised and carries a market value. A well-known brand welcomes new customers and keeps loyal ones.

The registration of a trademark creates an asset for a business enterprise. For accounting and income tax purposes, trademarks are considered intangible assets. In addition to being intellectual property, trademarks carry a value associated with the products they represent. Any trademark can be sold, franchised, assigned or exploited commercially. Trademarks can be recognised in the books of accounts, depreciated, and income can be recognised.

Trademarks associated with your products increase your business value, goodwill, and net worth. In addition to communicating your quality assurance, your trademark communicates the mission of your organisation. Your business will grow as a result of trademarks. As a result, they help your business retain loyal customers and protect its goodwill.

In India, trademarks are valid for ten years from the date of registration. The trademark can, however, be renewed in the future. Your trademark needs to be approved or registered in the respective country if you wish to use it or expand your business outside of India. Obtaining trademark registrations outside of India is based on your Indian trademark registration and business.

The trademark establishes a connection between the enterprise and its customers. With efficient or unique products, you can create a customer base. Trademarks help you retain and expand your customer base. A trademark registration gives you exclusive use rights for 10 years and protects your business revenue. Companies can introduce new products and expand their business by leveraging their customer base.

Checklist- Checklist of Trademark Registration

  • An individual (Person)
  • Joint Owners
  • Proprietorship Firm
  • Partnership Firm
  • Limited Liability Partnership/LLP
  • Indian Company
  • Foreign Company
  • Trust or Society

Process- Process for Trademark Registration

Step 1: Contact our experts.

Get in touch with our Nimble Trio experts and avail your services

Step 2: Submit your documents

Our Nimble Trio associate will enlist you for the documents per your requirement. You have to submit the same.

Step 3: Trademark Search & Class Selection

Based on the information you provide, our trademark experts will search across the trademark database and select the appropriate trademark class(es) for your business based on what you want to trademark. Our experts will assist you in selecting appropriate classes to cover all aspects of your business.

Step 4: Trademark Application filing & Objection (in some cases)

We will verify all documents once you have uploaded them. Then, our team will fill out your trademark application on your behalf and submit it with your documents. Our team will ensure that your application is accurate and error-free. The examiner might ask you some questions about your application. Within 30 days, you must respond to the trademark objection notice. We'll craft a strong objection response and guide you in submitting the right documents.

Step 5: Trademark Opposition (in some cases)

A third party can also oppose an application. In that case, you must submit a counter-statement to the Registrar within 2 months stating why the opposition is not valid. The Registrar may dismiss the opposition or schedule a hearing based on your response.

Types of Trademark registration in India

1) Product Mark: Unlike a service mark, a product mark identifies a good or a product and protects the company’s reputation. Since they represent commodities, trademark applications filed under trademarks 1-34 could be considered product marks.
 
2) Service Mark: As opposed to product marks, service marks identify services rather than products. Their primary purpose is to distinguish the proprietors from those offering similar services. Trademark classes 35-45 represent services, so they could be considered service marks.
 
3) Collective Mark: A collective mark tells the public about a group’s unique characteristics, allowing a group of people to protect goods and services collectively. Trademark holders can be associations, public institutions, or Section 8 corporations.
 
4) Certification Mark: It is a sign issued by the proprietor that indicates the product’s origin, substance, quality, or other specific data. A product’s certification establishes a standard and guarantees quality by passing standardised tests. Generally, certification marks are found on packaged goods, toys, and electronics.
 
5) Shape Mark: The shape mark is used to identify a product belonging to a specific manufacturer. Once it is determined that the product has a distinctive shape, the mark can be registered.
 
6) Pattern Mark: Registrable pattern marks are for products with a distinctive design pattern. Patterns that do not stand out as noteworthy are rejected.
 
7) Sound Mark: A sound logo is a sound used to identify a product or service. They occur at the beginning and end of commercials. The most popular sound mark in India is the tune for IP

FAQ's

A ™ symbol can be used as soon as the application is filed and an acknowledgement is received. The ® symbol can be used once the registration process is complete.

The good news is that you can still register your brand name even if it has already been registered under a different class. The application is likely to be approved unless the brand is too well known (like McDonald's or Fiat).

Despite not being able to get the word, all is not lost. Instead, you could design a unique logo for your business that includes the name. There is a way out, but it is best to have a unique name.

Ultimately, it depends on the government's judgment. However, if it is unique, it is highly likely that it will be granted.

It can take anywhere from 6 months to 1 year for your trademark to be approved. If we can obtain all the details and documents as soon as possible, we can apply and start using the ™ symbol within a few days.

Any trademark registered in India will only be valid in India. Some countries, however, use the trademark filing in India as a basis for registering the trademark in their country.

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