Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol.
Our IPR Specialist shall be assisting you free of charge to classify your trademark in relevant class based on its usage in various good or service.
Documentation to file a trademark
Applicant needs to swear in the form an affidavit before a notary about the date of use of the trademark and authorise us to file the trademark application
Filing Trademark Application
We file the TM Application in 24 hours of documentation and full payment. The applicant can use TM over the trademark after generation of filing receipt.
Certificate for Registration
If the application is not opposed by the trademark examiner and public at large, then the TM gets registered and the registration certificate is issued.
While filling a trademark with the Trademark Registrar, one has to provide the following documents.
- Name of the applicant
- Type of Business
- Main Objectives of the Business
- Name of the Brand/ Slogan/ Logo
- Address of Registration
1.What is Trademark Class?
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.
2. What is validity of Trademark?
It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.
3. What is the meaning of TM or (R) sign?
The sign “TM”, the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign ” (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.
4. How can I run trademark search?
Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the word mark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.
If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the drop down at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
5. Should I file a trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.