What is a trademark?
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, a business organization, or legal entity. A trademark may be located on a package, a label, a voucher, or product itself. Trademarks used to identify services are sometimes called service marks.
Trademark Registration process:
In simple words, trademarks are special unique signs that identify goods or services from a certain company. Trademark registration in Lucknow needs a lot of intricate work and procedures. They can be designs, pictures, signs, or even expressions. It is important because it differentiates your products from the competition. It can be associated with your brand or product.
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the trademark owner once the trademark is successfully registered. Any individual, company, or LLP can be an applicant and may apply for the registration of the particular trademark.
The registry of the trademarks does registration of a trademark. When registering a trademark, there are a few steps involved.
Remember to choose a unique and distinctive mark that will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods, and classes 35-45 are for service. You can find the class list here
Once you have chosen your mark, it is advisable to search to check whether it is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller General of Patents, Designs, and Trademarks. You can find an option to do a public search on the website. Once you click on this option, you must choose your class and search the online database.
You can file one application for multiple classes, series, or collective trademarks. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class.
You will fall under this bracket if you are not a start-up, a small enterprise, or an individual.
While filling out the form, make sure to avoid making any mistakes; this may lead to delays or even rejection of the application. You have to fill in all the details and add a picture of the trademark with dimensions of 9 by five cm. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.
You can file it online, by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, and if done physically, it may take up to 15-20 days.
Documents required in Trademark registration:
INDIVIDUAL OR SOLE PROPRIETOR– In India, any individual, whether an Indian or a foreign national, can readily register a trademark. The formation of a legal body or a corporate entity is not required to register a trademark. Furthermore, the paperwork required to register a trademark in a proprietorship’s name are the same as those required to register a trademark in an individual’s name, as follows:
COMPANY- Documents required for registering trademark on behalf of company are –
Online Trademark Registration Procedure:
Trademark Registration in Lucknow can also be done online, and the procedure is a lot more convenient and less time-consuming.
This is a quick and best way for any newcomer to get a catchy, trendy, and interesting brand name. Picking up a brand name that is wacky and quirky is a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure that you are not picking a brand name already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
The following supporting documents, together with the application, have to be submitted for online trademark registration:-
Business Registration Proof: Based on your registered business (e.g., sole proprietorship and so on), the company’s directors’ identity and address proof must be submitted. In the case of sole proprietorship business, is proof of the proprietor viz. PAN card and Aadhar card could be submitted. Whereas, in companies’ case, the company’s address proof needs to be submitted.
Manual filing and e-filing are the two different ways of filing the registration application (form TM-A). If you choose ‘manual filing,’ you have to personally move and hand over your application for registration to the Registrar Office of Trade Marks situated in major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment. But in the case of an e-filing system, you will receive your acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
Once the application is dispatched, the Registrar of Trademark will check whether you have followed certain terms and that your brand name complies with the existing law. Moreover, there should not be any similarities or identifications with any existing or pending brands for registration. This is why we prefer you to choose a quirky brand name!
After the examination, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is certainly the most important part of the trademark registration, and there should be no opposition within three months, i.e., 90 days (or 120 days in some cases), from the date of publication. When there is no opposition, the Registrar of Trademark will proceed toward issuing a Trademark Registration Certificate.
Suppose there is any opposition by a third party within three months of the trademark publication in the trademarks journal. In that case, the Registrar of Trademarks will give you a copy of the notice of the opposition. You must reply to the opposition notice by filing a counter-statement within months. The trademark application will be considered abandoned and accepted if you submit the counter statement within two months. However, there is no opposition within three months. In that case, this step will not apply to you, and your brand name is proceeding toward acceptance for the issuance of a Trademark Registration Certificate.
This step will not apply to you if there is no trademark opposition. However, suppose a third party opposes your trademark and you send your counter-statement within two months. In that case, the Registrar of Trademarks will send your copy of the counter-statement to the party opposing trademark registration.
You and the third party must submit evidence to support your case. The Registrar will give you and the third party an opportunity for a hearing after submitting evidence. After hearing both parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process issuing a registration.
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated 90 days or on acceptance of your trademark application after the trademark opposition hearing. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal. Right from the moment you have been issued your certificate, you can use the registered trademark symbol (®) beside your brand name. Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.
Once your trademark is approved, the registry will give you a trademark registration certificate. Trademark registration in Lucknow is a lot easier now with the availability of Business Buddy Services. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for ten years from the date of the filing of the application. After this period, you can renew the trademark again. Renewal can be done indefinitely. Please Note: A trademark is only protected and valid in India and does not warrant international status.
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