The purpose of registering a trademark is to protect the distinct identity of your logo, slogan and brand. With BookMyTM you can find a most convenient, hassle free, cost effective way to register a Trademark from anywhere in India.
Developing and establishing a business/brand undergoes lot of stress, pain and after all these you need to protect your brand name, logo, tagline, writing style, combination of colors, shape (3 dimensional shape) even sound or anything else that provides your brand a distinctive identity. Trademark registrations in India are based on Trademark Act 1999, which makes the provision for exclusive ownership rights and restrict others from usage of your brand name/business mark.
Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 6-18 months time. It includes various processes for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which, even a distinct sound can now be registered as a trademark in India.
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Registered owner of a Trademark has the right to create, establish and protect the goodwill of their products/services. The registered owner of a trademark can stop anyone else from unlawful usage of his Trademark. With Registered Trademark, one can sue a petition for stoppage or dilution of infringed use or to claim for the damages caused by the infringement legally.
A product or a company with registered Trademark will get a distinguished value in the market. Most of the companies reserve their unique identity by registering a trademark and these Trademark plays an important role in advertising and increases the brand value.
By registering a Trademark, the owner reserves the exclusive right to use the same and he/she can sue a legal petition incase finds an infringement from anybody. Without registration of the trademark in case of infringement you may end up losing your original mark.
A registered trademark is an intangible asset to its owner. Registered Trademark can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the owner of the mark.
Many start-ups register a Trademark on the founder’s name because the future of a start-up is always in doubt, whereas large businesses prefer to do so in the name of the company. Start up prefers to register the mark in the founder’s name because the trademark would be valid regardless of the state of the entity.
Any mark that is identical or deceptively similar to an existing registered trademark or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common or generic names, common trade words and common abbreviation are also not possible to register.
The registered trademark is valid for a period of 10 years from the date of filing of application for trademark. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.
Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate applicationhas to be filed by paying prescribed Government fee.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.
If you have a valid certificate issued by Start-up India (an initiative by Government of India), or an MSME registration your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.
Yes, one can apply for registration under multiple classes in one single application.
Yes, the owner can amend the registered mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.
Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.