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How To Register Trademarks in India under the new 2017 Rules

Trademark Registration- The only safeguard to protect your brand

 What is Trademark Registration?

Trademark is a visual mark, which may be a word, name, device, label, numerals or slogan, used by a business to distinguish its goods or services from the products or services of one company from another. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s brand by restricting other people from using the same. It is always advised to get trademark registration because it will protect your brand against those who might initiate using identical or similar marks.

Benefits of getting your Trademark registered

  • Prevent a competitor from registering the same brand before you and inhibiting you from using it. This would entitle the other party in issuing a claim for damages against you for using their registered trademark.
  • Prevent a counterfeiter from using your mark. Trademark registration is the quickest way to obtain preliminary injunctions from the courts, and recover damages later on.
  • A trademark is an asset that has monetary value. It can be bought, sold, assigned or licensed and you can demand and earn royalties for the same.
  • Will facilitate consumers to identify your goods and services with the brand name and create a brand identity.

Who can apply for trademark?

Any Individual Proprietor, start-ups, micro, small or medium enterprise, partnership, LLP, Company, Trust, NGO, even Govt. agency can apply for Trademark.

How to apply for Trademark Registration?

Firstly, we need to check if your trademark is available. For that, we need to conduct a trademark search for you. Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks of the same class in trademark database.

Even if your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, if another trade name of the same name or closely similar to it, is already taken.

Documents Required:

  1. Power of Attorney, authorizing our trademark attorney for registering your trademark
  2. MSME certificate if yours is a micro, small or medium enterprise
  3. Start up registration certificate, if you are a start up

Note: If you do not have the MSME or the start up certificate that does not mean that you cannot get your trademark registered. Kindly, contact us to know more.

How it works:

We shall take only 24 hours to file your trademark application, once we are in possession of the necessary documents.

Once the application has been made, almost instantly you get a confirmation of the application and you can start using the TM symbol next to your trademark.

The confirmation is done by the Government, as almost instantly they furnish the authorization letter. After the application, it may take around 8-24 months to get the registration certificate, which will be inclusive of the time of objections and oppositions. Once it gets registered, you can then use the ® symbol next to your name.

We shall be charging Rs. 1799/- + Government fee, per class application. The government fee for start ups, SME’s and individual proprietors shall be Rs. 4500/- and for companies it is Rs. 9000/- per class application.

 

 

Author: Anuradha Hazra