Trademark Registration in India: Secure your Brand Name

Trademark

A trademark is a logo, in simple terms, that uniquely identifies your business and its associated products and/or services. It is a mark, an image given to your trade. It picturizes your brand. So it can be anything, words, letters, cartoons, symbols, emojis, pictures, audio, etc. The only condition is that a trademark must be unique. It must not be copied or resemble any other brand or Trademark. So it is important to protect this Trademark Registration by registering it with the authorities.

Trademark Registration

Trademark registration is an Intellectual Property Right (IPR) through which you can be the exclusive owner of your Trademark in the legal world. By registering your Trademark,

1. You will have the sole right of usage for the Trademark. The Trademark will always associate with your brand. They will be in use almost interchangeably.
2. Cases of infringement against your brand will vanish once you register your Trademark.
3. You can further assign your Trademark to another party or can even sell the Trademark to them.
4. The assigned Trademark can be further used by the third-party to encash its brand image in the market.

Trademark Classes

There are a total of 45 trademark classes in the country, and all the products and services are categorized into these classes

Some of the popular trademark classes in India are:

• Firstly, Class 9: For trademarking computer, software, and electronics-related products and services
• Secondly, Class 25: For trademarking clothing and apparel brands
• After that, Class 35: For trademarking business management and advertising services.
• At the last, Class 41: For trademarking education and entertainment-related products and services.

Eligibility Criteria for Trademark Registration in India

Before filing for the trademark registration in India, the applicant must ensure the following point:

• The to-be registered Trademark must be unique. Any trademark which has a deceptively similar appearance to a registered trademark is liable to be a case of trademark infringement.
• Anyone can register for a trademark, say an individual, joint owners, proprietorship, partnership firm, LLPs, an Indian company, a foreign company, or a trust or society.

Documents required for Trademark Registration

To file the application for trademark registration for your business, you need to furnish and submit the following documents and the registration application to the Registrar of Trademarks. Make sure you submit all of these documents in the said format so that your application approves for assessment by the authorities.

1. Certificate of Incorporation: The business must submit its incorporation certificate to the Trademark Registrar. If the said business is a partnership firm or an LLP, they must submit the required Certificate of Registration along with the partnership deed. 
2. Partnership Agreement: If the applicant is a Limited Liability Partnership or a partnership firm, they must submit the concerned partnership agreement with the application to the Registrar.
3. PAN Card: PAN card of the authorized signatory must be submitted for tax-filing purposes.
4. Aadhaar Card: Aadhar card of the authorized signatory must be submitted as proof of identification.
5. Form TM-48: TM-48 is a legal document used by a legal attorney to submit the Trademark on your behalf.
6. Trademark Logo: Submit the proposed trademark logo with the application in its exact form. Do not upload the logo in black and white. All the Trademark colours should have the logo when filing for the registration.

Online Trademark Registration process in India

The step-by-step procedure for trademark registration in India is as follows:

• File the application for trademark registration. Furnish the below-mentioned document beforehand while applying:
• Proof of Identification
• DSC(s) (Digital Signature certificates) of the applicant company’s director
• Trademark
• Proof of residence
• Submitting the application to the Registrar of Trademarks. The qualified examiner will then assess the application and create an examination report.
• If the examination report’s connotation is positive, you will be notified about the report by the department. Otherwise, you will have to inquire about getting the answers.
• Once the application assessment is successful, the Trademark will publish in the trademark journal.
• Trademark will remain in the journal for four months so that the general public can also check the originality of the Trademark.
• If the general public raises no objections, the Registrar will register your Trademark.

Also Read: Incorporation of Private Limited Company in India

Complete your Trademark Registration with us

The registration of a trademark is quite a complex process. First, you have to create a trademark of your choice or vision, and then you will have to conduct a thorough search of a trademark to check whether the design of your trademark is not similar to any other trademark. However. if the trademark is unique, you have to file for its registration, which is a legal process and requires the expertise on the necessary IPR related issues. If you want to register for your trademark without these headaches, you can give all your headaches to us, the Registrationwalas. We provide with an end to end assistance for Trademark Registration in India. Our services include the following:

• Conduct the Trademark search to ascertain that your chosen logo is unique.
• Aid you in class selection for the trademark.
• Furnish the required documents for application filing.
• Draft the trademark registration application on your behalf.
• Review the draft and make changes if required.
• File the application.
• Prepare and deal with trademark objections by the authorities or trademark oppositions by any third party.
• Deliver you the certificate of registration.

So, if you have made up your mind to register the trademark for your company, connect with us at Registrationwala, and we will begin your application today.