A Trademark usually is considered to a "brand" or "logo".
Trademark registration can be obtained for a business name, catchphrases, slogans or captions.
A Trademark may turn into the most significant resource of a business if it is properly used and promoted. Trademarks, for example, Coca-Cola, Nike, HP, and Adidas serves as a sign of the origin of its merchandise and a good sign of its quality.
In common law, a company is a “legal person” or “legal entity” separate from, and capable of surviving beyond the lives of its members. A company is rather a legal device for the attainment of social and economic end. It is, therefore, a combined political, social, economic and legal institution. Thus, the term company has been described in many ways. “It is a means of cooperation and organisation in the conduct of an enterprise”. It is “an intricate, centralised, economic and administrative structure run by professional managers who hire capital from the investor(s)”.
It is additionally fundamental to get a trademark registration for the business name/trade name under the Trademarks Act.
Registration of an organization or business name under the Companies Act does not in itself give security against other people who may start using an identical trademark. Trademark registration gives a legitimate right of exclusivity for utilization of the mark to the proprietor of the trademark.
Who can apply for a trademark?
Any person which can be individual, organization, proprietor or lawful entity claiming to be the proprietor of the trademark can apply. The application for a trademark can be documented inside a couple of days and you can begin utilizing "TM" symbol.
Also, the time required for trademark registry to finish formalities is 18 to two years. You may utilize the ® (Registered symbol) beside your trademark once your trademark is enlisted and registration certificate is issued.
When enlisted a trademark is substantial for 10 years from the date of filing, which can be renewed again.
Trademark Registration Process.
Step 1: Trademark Search.
Before starting the trademark registration process, the business person or a professional must look in the trademark database.
A trademark search will give data about similar trademark that has been recorded with the trademark registry. A trademark search can be done by visiting the Trademark Registrar Website.
Step 2: Trademark Filing
When a trademark search is finished, the application for trademark enrollment can be documented with the Trademark Registrar. The application for registration of the trademark must be made in a lawful manner without breaking any rules. A trademark application can be filled at the Trademark Registrar Office having jurisdiction over the State.
A trademark registration application must contain the following data.
- Logo or the Trademark.
- Name and address of the trademark owner.
- Classification or Trademark Class.
- Trademark used since date.
- Details of the goods or services.
Step 2:Trademark Application Allotment
When the Trademark registration application is filled with the Trademark Registrar, a trademark application allotment number is given inside a couple of working days.
The trademark application can likewise then be followed online through the Online Trademark Search. Normally, on getting trademark application assignment number, the proprietor of the trademark can use the TM image by the logo.
Step 2: Vienna Codification
The Vienna Codification is a worldwide classification of the figurative elements marks. When the trademark registration application is documented, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks.
Step 2:Trademark Examination.
When Vienna Codification is finished, the trademark registration application will be given to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then audit the trademark application for accuracy and issue a trademark examination report.
The Trademark Officer has the ability to acknowledge the trademark enrollment application and allow for trademark journal publication or if there is an issue in the application he can object the application too.
On the off chance that the trademark registration application is objected by the Trademark Office, the trademark candidate has the privilege to show up before the Trademark Officer and address the complaints.
If everything is okay with the trademark application then The Trademark the trademark would be allowed for the trademark journal publication.
Step 2:Trademark Journal Publication.
When the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is distributed in the Trademark Journal. The trademark journal is distributed week by week and contains every one of the trademarks that have been acknowledged by the Trademark Registrar.
Step 2:Trademark Registration.
If there are no objections to your trademark registration application, a trademark registration certificate and a trademark manuscript will be prepared and sent to the trademark application.
When the trademark registration certificate is issued, the trademark is viewed as a registered trademark of the proprietor, giving the trademark proprietor exclusive rights to use the trademark. The ® image would now able to be set beside the logo or trademark.
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Document required
PAN card copy of All the Partner
Identity Proof (Driving License, Aadhar Card, Voter ID, Passport)
Address Proof
Company Name (1 to 6 Names)
Company Service or object or product Name
One Passport size photograph of All Directors.
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