Trademark Registration – Semantic Taxgen Pvt Ltd

Trademark Registration

Trademark Registration

Step 1

We conduct a thorough search of the TM directory

Step 2

Advice on the classes you need to apply under

Step 3

You will receive updates until registration

About Trademark Registration

A trademark registration can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, color combination or graphics. Most of the businesses usually look for registration of the logo or name only. trademark registration company If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, trademarks are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India.

You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid until 10 years from the date of registration.

You can easily get a ™ within 3 days. But, to get a ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

To avoid the trademark application from being rejected, the following checklist can be helpful:

  1. The mark is not similar to an existing application
  2. The mark is not a well known or generic term like “Milk” or “Chair”
  3. The mark is not deceptive or misleading people
  4. The mark contains bad or offensive words
  5. The mark contains words like Government or President or other well-known personalities

Trademark symbols and their usages

R Symbol

You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.

™ Symbol

This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.

C Symbol

The C symbol stands for contents which do not have any copyright issues. The symbol is mandatory in many countries for copyright claims.

SM Symbol

The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.

An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.

While filing for the trademark registration, the documents you need to provide are as follows:

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address

Identity And Business Proofs

The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.

Using Logo With Tagline

If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.

Form 48

On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.

  1. The mark is not similar to an existing application
  2. The mark is not a well known or generic term like “Milk” or “Chair”
  3. The mark is not deceptive or misleading people
  4. The mark contains bad or offensive words
  5. The mark contains words like Government or President or other well-known personalities

Trademark Search

We help in your trademark search by conducting the search using trademark(™) director. We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.

Class Selection

While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class. For example, the Class 28 includes products and services related to games, sports and toys. Hence, if you are planning to launch a new toy brand, you will have to apply under the Class 28.

Preparing The Application

After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first. This gives us the right to make the trademark registration on your behalf. You can sign the letter and return it back to us. We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.

Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. If the registration is not obtained as per the prescribed conditions then the Registrar can remove the trademark from the trademark register.

If one misses the deadline for the trademark renewal request, it can be filed within six months after the expiry of registration or the renewal as the case may be in the prescribed manner along with a late filing fee.

The trademark renewal can done be in two ways:
1. You can apply renewal to change any sign or words in the already existing trade mark; or
2. You can apply renewal without a change.

Renewal Process and Forms

1. The application of renewal is made in form TM-12
2. The application can be made by either registered owner of the trademark or an agent authorised by him.
3. It is very important that you take the help of a professional to file for renewal of a trademark application to ensure that the mark is well protected. This is because you may want to broaden the scope of protection. After all, if your brand has survived 10 years, it’s likely that it would have outgrown the classes you had first registered it under.
4. Filing a trademark renewal application extends protection by another 10 years. The trademark registrations are valid for another 10 years, and must be renewed again before expiry.

Check the status

After the filing of a trademark renewal, it is vital to periodically check the status of the renewal application until it is processed by the Registrar. The trademark renewal sometimes requires numerous time-bound actions or response from the applicant. Therefore, it is important to continually check the status of the application and take the required action until the registration.

Frequently Asked Questions

What is a trademark class?

What trademark applications are commonly rejected?

What if someone has a similar word trademarked?

What are the different kinds of trademarks I can have?

Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.

A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

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