Trademark Registration

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. . A trademark registration is an immediate process which is done online and the trademark is ready to be used within hours. However it is very important that the trademark should not be similar to an existing trade mark or should not be specifically prohibited by law.Trademark is the mark, word or a short phrase used to identify the products and services traded by any company or individual in India. It can also be used by recognised organizations to identify them. To claim monopoly over anything as your trademark you should remember that it should not be descriptive of the product or service in respect of which you want to use that trademark; and no one else is using the same or similar thing as his trademark. Your product or service name could be in the form of –

a logo, sign, heading, graphic, slogan, design, distinctive catch phrases, tagline, signature, word, letter, or combination of colours or any combination thereof.”


Benefits of Trademark Registration 

 


Administrative Steps involved in Trademark Registration

Documents required for Trademark Registration

  • Documents Required for GST Registration

    Documents required for Trademark Registration

    • Brand name / Logo with tagline
    • Signed Form-48 authorising attorney to file trademark application on your behalf
    • Filled in Application Form as provided by us
    • Proof of registration of entity, if applicable

Procedure for Trademark Registration

  • Step 1

    Execution of Trademark Search and selection of Appropriate class

  • Step 2

    Fill the  details in provided application form and sign power of attorney in Form-48 and send it on info@onlinelekhajokha.com

  • Step 3

    Submission of your Trade Mark Application with the Trade Mark registry and get your TM number

  • Step 4

    Issue of Trademark Registration Certificate within 1.5-2 years if no objection is done by any third party

Frequently Asked Questions

To standardise the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

No, Trademarks have to be registered in individual countries, depending on the legislation.

Any person or business claiming to be owner can apply for a trademark including individual, proprietor, company & society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

Trademarks must be registered for a particular product or service. A single trademark application can be filed to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.

Yes, a foreigner or a foreign entity can apply for trademark registration in India.

Trademark registration is valid for 10 years. Therefore, it has to be renewed after each interval of 10-year.

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

‘TM’ Symbol
This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

‘SM’ Symbol
It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

‘R’ Symbol
This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.

Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are not acceptable to Register a Trademark.

Usually it takes at least 15 to 20 months for the registration of the Trademark applied, after which the owner can use (R) symbol beside the Trademark. However, as soon as Online TM Application is made, the applicant can start using the TM symbol. According to the verification procedure, the registration may get delayed.