Trademark Registration in Pune - Mumbai - Delhi - Chennai

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How to Protect one of the most important assets of your Business - Your Business Name, Slogans, Logos, Creative Works and Other Commercial Signifiers

Registering your Trademark can be a daunting task, not to mention expensive if you don't get it right the first time.

Legal Service India has over 20 years experience in registering and protecting brands in India and all over the world.

We have helped countless clients register their Trademarks and we can help you too.

We might be lawyers but we don't charge like them - we have low fixed fees to suit all budgets and most importantly you will be dealing with experienced Indian lawyers to help you through the process.

Contact us today for a free consultation about your Trademark.

Trademark Registration in India

If you want to setup a company or expand your existing business setup? If you are Thinking of acquiring Trademark or to register a new one? Or is some other company misusing your Trademark as if it is his own identity? There could be several other issues regarding your business activities. You do not want others to use your efforts and Business Image for free.

What is a Trademark?

A Trademark is a word, design, symbol, or phrase, or a combination thereof that identifies and distinguishes the source of one company's goods over those of other companies. The term Trademark usually refers to both Trademarks and Service Marks. As it is an intangible asset or an intellectual property, it is used to differentiate products or services from other similar products or services generated by rival companies dealing or manufacturing in similar products.

Trademark symbolizes the Brand, Identity and Reputation of a Company.

Why to register a Trademark?

A Respected Business Company will surely want its manufacturing products or services to have desirable with reliable and high standard qualities, so that the customer will come to regard the Business Company's Trade Mark as a Guarantee of Quality.

It has been proven that Marks are very valuable and essential if properly developed by advertising, promotion and right use on quality products or services.

Therefore, it is imperative for the mark's repute and the Company's repute to protect the mark in the India and abroad.

The only means of protecting a Mark is to Register The Mark.

It Gives The Right to sue the other traders in case of infringements of Company Trademarks.

How to register a Trademark?

Trademarks are registered under the Trademark Act, 1999, in India

In order to Register a Mark, an application must be made to the Controller General of Patents Design and Trademarks, Ministry of Commerce and Industry, Government of India, which will than scrutinize the application to see whether it satisfies the statutory requirements for registration as par the Trademark Act.

The ideal way is to consider those requirements before the Trademarks Register is searched, then a lot of subsequent time and expense can be saved.

Basic Guidelines to consider while Choosing a New Mark for Registration for new marks:

1. First of all mark MUST be distinctive.
2. Secondly mark can be a Single Word, logo, picture or a mixture of any of these. That means, it can be anything that can be depicted graphically.
3. Thirdly mark can be a three-dimensional shape as long as this is not the result of the function of the object or container.
4. Fourthly mark must not be descriptive i.e. World School for Schools - You can register such a mark But they are Considered Weak Trademarks
5. Fifth mark must not be deceptive i.e. Gold for Silver goods
6. Sixth mark cannot be a common surname or geographical name CHOUHDURY or PUNE
7. Seventh mark cannot be a national flag, or someone else's heraldic device, although sometimes parts of such items can be acceptable.
8. Eight mark must not be confusable with any earlier registered mark – that is why the register is searched.

Kindly note the Details mentioned above apply to new (unused) marks Exclusively. Also one should bare in mind in some cases, use of a Mark for several years may make that mark registrable, even if it was not registrable when new and unused.

Why should you register a mark?

1. The Trademark Act, 1999 changed the way registered Trademarks are viewed in the India.
2. Therefore, the rights in a registered Trademark were extended, thereby increasing the benefits of registration.
3. Trademark Registration a Bundle of Legal Rights especially in event of infringement.
4. Also One should realize that if you have been using your mark for a short period of time, and did not apply for registration of the Mark, it will be a daunting task to stop someone else registering "your" mark and interfering with your right to use it, as the onus of proof will be entirely upon you to prove it in the court of law.
5. Registration of a Mark gives a monopoly/exclusivity on use of the Trademark in relation to the goods/services for which it is registered.

Who can apply for registration of Trademark Registration?

An individual person, sole proprietor, company, partnership firm, a legal entity is eligible to apply for the registration of the Trademark and can use symbol 'TM' till the registration is approved. As soon as the Trademark gets registered, the company or as the case maybe can start using ® after obtatining certification. Usually the entire process takes around two years to complete. Registered Trademark is valid for 10 years which is renewable.
A Registered Trademark is a guarantee of service, products, quality, and advertisement. Therefore sufficient care should be taken to prevent misuse of the same. Trademark should not be similar to others. A Similar Trademark would be deceptive and surely not good for Brand Protection, of a promising Company. After all Brand value is of paramount importance in valuation of a Company.

List of Documents Required for Filing Trademark Application:

1. A Copy of Trademark / Logo
2. Applicant details - Such as Name, Address proof, Nationality proof and Company details
3. List of Products / services which are to be registered
4. The date of Commencement of use of the Trademark before getting or applying for registration
5. Duly signed Power of attorney on a Rs.100. Stamp Paper.

The process of Trademark and its Registration?

Some believe that a Trademark can only be a logo. That is not entirely accurate. A Trademark is actually a sign that can include words, phrases, movement, sound, images, even smells or a combination of these elements. Therefore one must carry a research through Our Trademark agent to verify the similarity of the Trademark. This helps to ensure the accuracy and uniqueness of your Trademark.

Our Trademark agent check the Trademark office to ensure the credibility of the Trademark or never registered by some other company. This verification process is done both online and offline. We adopt both the procedures to ensure the accuracy and uniqueness.

Once your Trademark is desired to be Registered is verified through trusted resources, We will get into the process of Filing.

If not in the case of duplicity, we will advice you to re-design your Mark again. than again repeat the process again, till such time as uniqueness of your Mark is achieved.

After filing the Trademark application, the company may use ‘™’ till you receive the approval.

In the Trademark office they will check the data to avoid duplicacy. If the Office is convinced that it is not a Duplicate mark than the mentioned Trademark will be published in Trademarks Journal for 4 months to check any voice raised against the said Trademark.

At this stage anyone can raise an objection to the registration of the mark, If anyone Objects than the Trademark Office will set up a date for hearings till the issue get resolved.
As soon as all the clarifications are received from legal sides, It is the ideal time then to send the Trademark for registration and will surely be approved within a period of 6 months.

Through the Online Trademark portal of Registrar of Trademarks the applicant can view the Application status or reviewed online through application number assigned to the Trademark owner.

Trademark has to be renewed every after 10 years.

We have qualified Legal Team who adhere the whole process responsibilities on your behalf such as Finding Unique Trademark, Filling, Hearing and replying, the whole registration process till Approval.

Our Trademark Registration Services Includes the Following:

1. We Will Conduct Public Search / Checking availability of Trademark.
2. We will help in appropriate Selection of class according to Classification best suited for your Business.
3. We will Draft The Trademark Application.
4. We will also Draft the User Affidavit if there is user claim.
5. We will than File Trademark Application
6. We Will Obtain the Allotment/Delivery of Trademark Number from the Trademark office for you.
7. We Will Track the Trademark status on timely basis.
8. We can do Follow up the examination report.
9. We can do File Reply to examination report if objection raised.
10. We can Attend Trademark hearing if matter fix for hearing.

Registering your Trademark can be a daunting task, not to mention expensive if you don't get it right the first time.

Legal Service India has over 20 years experience in registering and protecting brands in India and all over the world.

We have helped countless clients register their Trademarks and we can help you too.

We might be lawyers but we don't charge like them - we have low fixed fees to suit all budgets and most importantly you will be dealing with experienced Indian lawyers to help you through the process.

Contact us today for a free consultation about your Trademark.

We ensure Quality, Efficiency and Service Satisfaction

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