Register Your Brand to Protect it
Our Brand is our dream. It takes a wonderful deal of hard work and funds to develop a brand. Hence, It will be important to ensure that you have full rights to use the logo, slogan, shape and packaging of goods, sound, smell, colour combinations or everything else that gives your brand a separate identity. Trademark Act, 1999 permits you to enroll a trademark in India. The Trademark Registration gives you the full rights and controls all others from its usage and thereby benefitting the holder of the registered mark.
A trademark registration provides its owner exclusive ownership in the Register of trademarks and exclusive right to use the trademark in India.
Proof of Identity
In legal proceedings, the trademark’s registration is the prima facie evidence of its validity
No Other Registrations Required
A trademark registration application in India can be filed by any person claiming to be the trademark’s proprietor. No other registrations required to apply for a Trademark registration.
The proprietor or registered user of the registered trademark can institute infringement proceedings against any conflicting mark in India. Further, the burden of proof of likelihood of consumer confusion is presumed, and discharged from the owner in infringement actions.
The registration of a trademark is valid only for a period of 10 years. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.
Step 1: Trademark Search
Having a unique brand name in mind is not good enough reason to avoid a TM search. TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.
Step 2: Filing Trademark Application
The first step is to file a trademark application at the Trademark Registry India. Once the application is filed, an official receipt is immediately issued for future reference.
Step 3: Examination
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 30 to 90 days. The examiner might accept the trademark absolutely, conditionally or object.
If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month's time would be given to fulfill the conditions or response to the objections.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
Step 4: Publication
The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same.
Step 5: Registration Certificate
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Renewal
The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
Government fees are
- Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise
- Rs. 9,000/- In all other cases.
- Hence it is better to take a Startup Certificate or MSME Certificate to avail the benefit of reduced registration fees, ie Rs 4,500
- TM 48 in the name of Agent
- Proof of Identification and Address
- Brand Name to be registered with Logo (if any)
1. Word Mark - Word Mark indicates a name written as Text or a word or Letter or group of letters.
2. Device Mark - Logo, Combination of Words, Pictures, or Drawings. A wordmark with a specific written style is considered as a Device Mark, if we need to register that Word Mark in that specific style. For eg. The word IBM is a word mark. But when the same is artistically, it’s a Device Mark
3. Colour Mark - A colour mark can be registered only if the colour is a new invention and the consumers directly link the colour with the brand. Unless the colour as such identifies the product, it will be difficult to prove distinctiveness with just a single colour.
4. Shapes of Goods - Shape Mark are capable of distinguishing the goods with its shape or packaging.
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- Faster Support and Dedicated Client Service
- Affordable Prices.
- Service at Clients Office
- Updating at every stage of Completion of Assignment
- Completed More than 1000 Business Registrations
- Completed more than 300 Trademark Registrations
- Complete Compliance Management, Compliance education
- Affordable Accounting Services and ROC Filings
Who are we?
We are a cloud based Business Registration and Compliance Management platform based in Trivandrum, Kerala, helping small and medium entrepreneurs to start or manage their business compliances at an affordable Cost. Our aim is to support, educate and assist small and medium entrepreneurs
How can we help you?
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Guided by Company Secretaries and Chartered Accountants having more than 10 years of professional experience in Business Compliance Management, Statutory Filings, Business Accounting and Tax Filings
Lead by a Team of experienced people having expert knowledge in Business Compliance Management, Statutory Filings, Business Accounting and Tax Filings
Lead by Customer Service Experts having good skill to Listen clients requirements and provide practical solutions.