What is Trademark / Brand Registration?
Trademark registration is also called brand registration. A person claiming to be the proprietor of a trademark or brand that is proposed to be used by him may apply for registration of such trademark or brand name. After registration, the proprietor becomes the legal owner of the trademark or brand name.
What do you mean by Trademark / Brand?
A trademark or brand may be defined as a word, mark, symbol, name, signature, label, numeral, or a combination of colors used by an entity on its goods, services, or other articles of commerce to distinguish them from similar goods or services originating from a different entity.
What is the legal requirement for registration of a trademark?
The following are the legal requirements for registration of a trademark:
- The selected mark should be capable of being represented graphically (i.e., in paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be a mark used or proposed to be used in relation to goods or services for the purpose of indicating a connection in the course of trade.
- There must be a connection between the goods or services and the person who has the right to use the mark, with or without disclosing the identity of that person.
What is the registration process of a Trademark / Brand Name?
A person claiming to be the proprietor of a trademark or brand, or proposing to use it, must apply for registration in the prescribed manner and in writing. The application should include the trademark, the goods or services it will be used for, the name and address of the applicant and agent (if any) along with a power of attorney, the period of use of the mark, and other necessary documents.
What are the types of trademarks that can be registered in India?
We assist the persons in obtaining start-up registration by providing specialized services. We have an expert team that deals with these matters and provides proper guidance to our clients without manipulating the facts and makes sure to deliver the registration certificate within a reasonable time period.
- Any name (including the personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or mark not directly descriptive of the character or quality of the goods/services.
- Letters or numerals or any combination thereof
- Device, including fancy device or symbols.
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a three-dimensional sing.
- Sound marks when represented in conventional notation or described in words by graphically represented.
What is the registration fee of trademark?
Following are the registration fee for trademark.
| Nature of Entit | Registration fee (offline) | Registration fee(online) |
|---|---|---|
| Individual/Start-up/ Small enterprises | Rs.5000 | Rs.4500 |
| In Other cases | Rs.10000 | Rs.9000 |
Note: – Fee is for each class and for each mark
What is the benefit of Trademark registration?
A registered trademark can create, establish, and protect the goodwill of goods and services of a registered proprietor of a trademark. A registered proprietor can stop another entity from unlawful use of his trademark and sue for damages “if any” resulted from unlawful use, and he can secure destruction of infringing goods and/or labels.
How can we help you?
We assist the persons in obtaining trademark registration by providing specialized services. We have an expert team that deals with these matters and provides proper guidance to our clients without manipulating the facts and makes sure to deliver the certificate and license within a reasonable time period.
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