A trademark may be a visual representation of a reputation, word, label, device or numeric characters utilized by a business to differentiate its goods or services from other similar goods and services from a special business. A trademark works as an exclusive identity of the products or services that an individual is offering selling from other such goods or services.
A trademark once registered is an untouchable asset or can also be called as intellectual property for a business which is employed to secure the company’s investment within the brand.
A trademark can get registered once it’s peculiar for the products and services that are being provided. Tendered trademarks that are similar or just like an already existing registered trademark cannot get registered. Besides this, trademarks that are generic, similar, offensive, deceptive, contains exclusively protected emblems, etc. cannot be registered either.
Following the registration of the trademark, ‘R’ symbol are often employed by the owner and therefore the said trademark registration are going to be valid for a hard and fast period of 10 years. However, the registered trademarks approaching their expiry are often easily renewed by applying for a trademark renewal application for an extended period of another 10 years.
Documents required for a trademark registration
A trademark registration may be a significant procedure via which a brand/ business are often safeguarded from undesired use also as infringement.
With time, the trademark registration procedure has been simplified by the govt of India to empower entrepreneurs to comfortably procure trademark registration for his or her brands within a few of months. Below are the multiple documents required to get registration of trademark in India.
Note: within the course of the registration of the trademark application procedure, it’s not mandatory to submit original documents. Scanned copies of the first documents suffice the need .
Procedure for Trademark Application detail sheet
- Our executive will get in touch with you and will fill your Application form.
- Documents preparation.
- Fillings form with concern department.
- Trademark receipt and acknowledgement slip will send you by Email.
*Documents required in individual & sole proprietorship
Any person (applicant)- whether an Indian National or a far off National can very conveniently register a trademark in India. Since there’s no necessity to make a legal entity or a business entity to urge a trademark registered.
Besides this, the documents needed to urge a trademark registered within the name of a proprietorship are just like that of a private as under:
Copy of logo, ideally in black and white (which is optional). However, just in case the brand isn't provided, the trademark application is often filed for the word.
Duly signed Form- 48. this type is an authorisation from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
Copy of the Identity proof of the individual applicant or the proprietor which can include: passport, aadhar card, PAN card, etc.
Copy of the Address proof of the individual applicant or the proprietor which can include latest electricity bill, telephone bill, etc.
Types of trademark Registration In India?
In India, trademarks are often registered in numerous types, as an example, logo, label, word mark also as device mark. As a result, the choice to register the trademark as a word mark or a logo may be a really difficult decision to form.
A. Word Mark
This easiest of the opposite available trademarks, a word mark indicates the name of the brand as an example, Jio or Britannia has trademarked only the word, which is understood as a word mark.
A word mark self- registers the word. After a trademark gets registered for a word mark, the applicant has an absolute right to utilize and represent the word in any format or font which allows it broader protection which incorporates exclusive rights to the word as an entire and describe it in numerous formats regardless of its style for all the products and services concerning the mark.
B. Device Mark Logo
A logo on the contrary provides the trademark holder the rights within the combination of images, words and style considered together. as an example , Nike, Adidas etc. Besides this, if the business logo is undisputedly recognized by the viewers/ customers, the applicant would want to file a trademark for that specific logo.
The shield provided to the words during a logo mark are restricted in comparison with the quality word marks because the rights during a logo are only legitimate as an entire . So if an individual desires to register a definite designed appearance or a union of stylized words and style , registering a trademark as a logo would be suitable.
C. Logo Composite Mark
Ordinarily a name of a business comprises both of words also as logos as an example Jack & Jones (a global apparel manufacturer) has an intricate logo composite mark, which includes even the location of its label on the rear of its jeans. and therefore the finest thanks to safeguard the property in such situations would be to file the trademark as both as a word mark also as a logo. But because filing several trademark applications may be a costly phenomenon, it’s always recommended to register the trademark as a word mark.
A distinct trademark application for word also as logo must be filed to realize the great shield. But it’s going to not be very cost- effective for start-up businesses. Therefore, it’s recommended to register the trademark as a word mark, providing the applicant subsequent widest shield against any potential infringement.
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Answer: Trademark Registration in India is done to distinguish goods and service from one business to another and help to build a identity and goodwill in market.
Answer: The Trademark registry has classified trademark registration into 45 classes where trademark class 1 to 34 is for manufacturer and trademark class 35 to 45 is for service provider.
Answer: Trademark symbols available in India are ® Registered Mark, TM & SM.