Trademark-Registration-in-India

What is Trademark Registration Procedure In India?

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Trademark registration in India is ‘first to file’ basis. A trademark usually takes time to get registered even in the cases where the trademark is not being opposed by a third party.  Trademark applications are managed by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications. Branches for these offices are available in Mumbai, Kolkata, Ahmedabad, Delhi, and Chennai. The application must be filled in accordance with territorial jurisdiction. The Trademark Registration in India assures the identification of service or product and its source guarantees its quality & helps in the advertisement of service or product.

The following documents are required for filing a Trade Mark Application in India:

  • Copy of Trademark or logo
  • Applicant details
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying.
  • Power of attorney to be signed by the applicant to authorize a trademark agent.
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 Trademark Registration Procedure

The Trademark Registration Procedure involves following steps for Trademark registration in India:-

  • Selection of trademark agent: The place of business must be in India to file a trademark application through an agent or attorney. The agent or attorney is usually responsible for searching, preparing, filing and prosecution of the trademark.

  • Eligibility and availability of the trademark: The trademark agent starts the registration process by determining whether the trademark is eligible for registration and conducting a clearance search to check whether there is a similar mark in the office of the controller general.

  • Submission of the application form and filing: The trademark agent has authorization via power of attorney from the right holder that he can complete and file the application form. The application form will require details such as the name of the proprietor, the address of the proprietor, a description of the goods and services associated with the mark and a copy of the mark.

  • Review by the Department: The trademark office reviews & verify the application and then allow the application a number.

  • Preliminary approval and publication: The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999.

  • Issue of examination report: After the above determination, trademark association issue an examination report within a period of one month.

  • Show cause hearing or rejection of the application: On the basis of examination report the trademark registrar determines whether the application must be accepted, rejected or put up for ‘show cause’. During a ‘show cause hearing,’ an application might be rejected, accepted or accepted with certain limitations (subject to the facts). In the case of application rejection, the applicant can appeal the matter at the Intellectual Property Appellate.

  • Registration: the trademark authority will register the trademark & will provide the registration certificate if the same is not opposed by a third party Within the term of three months publication in the Trademarks Journal.
trademark-registration

What is the difference Between copyright and trademark?

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Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works- It might be published or unpublished. The copyright protects the form of expression rather than the subject matter of the writing. We at CAONWEB can help you get the copyright in India.  The main types of work that copyright protection covers are as follows:

  • books, newspapers, magazines
  • theatrical, dramas;
  • choreographic works;
  • musical works;
  • drawings, paintings, buildings, and sculptures;
  • designs;
  • photographic works; and
  • Computer programs.

A trademark is a word, name, symbol or expression which identifies service or product is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

If you have a certain brand name/ logo/ a slogan our experts of Trademark will do the search if it is available. You should also check if the domain name of your brand is available. The Trademark registration application process is done quickly once the initial formalities are completed. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name. When it is accepted you can use the symbol TM, The symbol R can be used only after it is approved that your trademark has been registered.

Summary: copyright and trademark are ways to protect intellectual property.

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How to go about when your trademark is objected?

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To protect the intellectual property you file for your Trademark Registration, to protect your brand identity you file for the trademark. A trademark can be a word, symbol, logo and brand name, wrapper, packaging labels, tagline or a combination of these and are used by businesses. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Trademarks are not the same as trade names.

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations. Trademark is your goodwill as it keeps adding value to your organization, your business. If you have registered trademark of your business, it gives you enforceable right to prevent others from using the trademark in connection with the product or the services for which it is registered. Usually, when a trademark is registered it is valid for ten years from the date it is applied for. The registration can be renewed.

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and trademark registration certificate is issued. Otherwise, it is an offense, with the penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

When you file for the trademark, it is not necessary that it is going to be accepted in a shot. Getting objected also does not mean that you are not going to get the trademark you had applied for.  Registrar of the trademark will examine your application and give you the reasons for the objection of your trademark application. For trademark objection cases in India we at CAONWEB offer you the service at most reasonable price in India. There are different methods for going about filing reasons for the trademark objection cases in India, it depends on cases. Reach out to Caonweb for all your trademark registration and trademark objection cases in India.

 Summary: When your trademark is objected, that does not mean it has been permanently rejected, you can argue for your case and get your desired trademark.

Trademark registration in India

Trademark is one of the most important aspect in intellectual property

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Trademark registration in India and anywhere in the world is important for any businesses. In simple terms, the trademark is a brand or logo which represents your business. It is a visual symbol that is used by the owner to distinguish its goods or services from other similar goods or services originating from different businesses. A trademark can be in the form of a word/ symbol/ logo/ brand name/ wrapper/ packaging labels/ tagline or it can be a combination of these. Trademarks are used by manufacturers or service providers to identify their own products and/or services. Trademark is used to distinguish the owners’ products or services from the products or services of its competitors.

Any person whether being an individual or a company or a legal entity, who is claiming to be the owner of the trademark can apply for registration for trademark. The application for registration for  trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for trademark registry to complete formalities of the trademark registration procedure is 18 to 24 months. You can use the ® (Registered symbol) next to your trademark after your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

Trademark features:

  • It identifies the service or product and its source
  • It guarantees its quality
  • helps in Advertisement for service or product

Trademark could be of different types:

  • A name of the applicant or predecessor in business or the signature of the person
  • A coined word / an invented word / any arbitrary dictionary word/words, not being directly descriptive of the character or quality of the goods/service
  • alphanumeric or Letters or numerals or any combination thereof.
  • Image, symbol, monograms, 3 dimensional shapes, letters etc.
  • Sound marks in audio format

Some Example of trademarks:

Coca-cola and Pepsi are two trademarks from same industry i.e. beverages which distinctly identifies the source or origin of the goods as well as an indication of quality.

Trademarks in India are registered under the Trademark Act, 1999 and it provides the trademark owner the right to sue for damages incurred if any infringements of trademarks occur.

However, a trademark cannot be registered if it is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made. Also, the trademark that would likely cause deception or confusion or is offensive may not be registered.

Documents required for Trademark registration procedure in India:

  • Trademark or logo copy
  • Applicant details like name, address, and nationality and for the company: the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark if it is used by you prior to applying.
  • Power of attorney which is to be signed by the applicant

Trademark registration procedure in India

Caonweb is the best place in India which helps you get registration for trademark in a quick, easy and in a cost-effective manner. Our experts will guide you throughout the trademark registration procedure and get you your trademark certificate without any hassle.

Trademark registration

You may have a trademark but is it registered?

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When you think of Nike, you immediately think of the sign and tagline which says “Just Do it”. So the brand the sign that you have assigned to your business is a unique identity of your business. It is always the best idea to have a logo, that logo is called trademark. It could be an image Or tagline or image with the tagline. It creates an image in the customers’ mind. A Person’s brain always identifies image quickly than the words, Therefore it immediately connects to your customers’ mind if you have your trademark. So how should you decide how your trademark must look like, Well that you will have to be creative and think of line which connects to your business objective your business idea, a sign which is easy to identify and connects to the name of your business. When you think of starting a new business it is best to have your trademark also. For already existing business, if you do not have trademark registration then you should immediately think of having a one. So now when you finally decide and create a trademark for your business important question is is your trademark registered? Because without registration for a trademark it will have no significance.

 In India, What does it mean to have trademark registration and what is the process of registration for a trademark?  Well, it’s a simple procedure. You can get trademark registration done online. At caonweb, our team of trademark experts will help you get your trademark registration with ease. All you have got to do is reach out to caonweb.com, give us your business incorporation certificate and the trademark soft copy that you wish to register. We will fill up and submit your application and get your trademark registration finalized. About the cost that one needs to incur on registration for trademark, it will take 7500 including all taxes for Individual and if you are a company it will take 12500 including all taxes. So get your trademark registration done by our trademark experts at CAONWEB.COM. Reach out to us.

 

Summary: Creating a unique identity through trademark is a smart way to create a success story for your business.

Tradmark-Registration

Trademark Registration

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Trademark is a symbol of your business.A trademark helps BUILD VALUE of your product/service/business. It helps distinguishes your product or services with others. If you have a trademark but not registered you cannot take legal action in case of infringement of your trademark by others. Trademark registration is an investment for your business as it helps you protect identity and prevent others from unauthorized use.

You are at the stage where your business is growing, public will recognize and remember it if you have a trademark. But having a trademark without registering the same will only create risk for you. With trademark registration available at such reasonable cost in today’s date, you should get your trademark registered to maximise protection and value.

To begin the trademark registration at the most reasonable cost in India reach out to us at caonweb.com

Benefits of Trademark registration

 Legal Protection

You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission.

 Unique Identity

One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.

 Creation of Asset

A Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

 Popularise your Brand

A Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.