Trademark

Registration

Trademark registration provides an exclusive right to the owner and makes

its products and services distinctive from others.It is not mandatory by law;

however it is a good idea to get it done.

 

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Reviews

For Individual/ Start-up/Small Entity

Pricing Summary

Rs.12000/- (charges including govt fees for TM filing and prof fees from search till 1st show cause hearing)

Rs.15000/- (charges including govt fees for TM filing and prof fees from search till 1st show cause hearing + Logo designing)

For Large Entity/ MNCs

Pricing Summary

Rs.16500/- (charges including govt fees for TM filing and prof fees from search till 1st show cause hearing)

Rs.19500/- (charges including govt fees for TM filing and prof fees from search till 1st show cause hearing + Logo designing)

Interview

Trademark Filing and Registration Services in India & Globally

“Don’t wait till someone stops you from using your own Brand”
Trademark is an essential aspect of any business, as it is the face of your brand, and it helps you establish a unique identity in the market. A trademark can be a name, logo, symbol, or any distinctive feature that distinguishes your products and services from your competitors. However, many entrepreneurs overlook the importance of trademark registration in Pune and end up making a costly mistake choosing cheap resources. Cheap is always Expensive in long run.

How to Select a Good Name for your Company/Product (Trademark)

Choosing a good name for a trademark is an important part of the trademark registration process. Here are some tips that can help you select a good name for your trademark:

  1. Choose a name that is easy to remember: Your trademark should be easy to recall for consumers. This will make it more likely that they will remember your brand and seek out your products or services.
  2. Make sure the name is distinctive: Your trademark should be unique and not too similar to other trademarks in your industry. This will help avoid confusion among consumers and prevent potential legal issues.
  3. Conduct a trademark search: Before you finalize your trademark, make sure to conduct a thorough search to ensure that the name is not already in use by another business.
  4. Consider the meaning of the name: The name you choose should be related to the products or services you offer, and should convey a positive image to consumers.
  5. Make sure the name is legally available: It’s important to ensure that the name you choose is legally available for use as a trademark. This involves checking for any existing trademarks that may conflict with your proposed trademark.
  6. Get feedback: Once you have a shortlist of potential names, consider getting feedback from others, such as friends, family, or colleagues. This can help you gain a fresh perspective and identify any potential issues with the names you are considering.

One of the biggest mistakes entrepreneurs make is that they first register the company or product, do marketing, and later try to file for the trademark. This approach is entirely wrong, and it can have severe consequences for your business. Here’s why.

When you start a new business, it is crucial to conduct a comprehensive trademark search to ensure that your desired name or logo is available for use. If there is already a trademark registered under the same name or logo, you risk infringing someone else’s trademark rights. This can lead to legal disputes, loss of revenue, and damage to your brand’s reputation.

Moreover, if you have already invested significant resources in marketing and branding your company or product, you will have to start over from scratch if you discover a conflicting mark. This will not only waste all the money you have poured into marketing and branding but also delay your business’s growth and success.
On the other hand, if you register your trademark before launching your business, you can avoid such costly mistakes. Trademark registration gives you exclusive rights to use your mark in connection with your goods and services, preventing others from using a similar mark. It also helps you build a strong brand identity and protects your reputation.
When you register your trademark, you can use the ® symbol, which signals to others that your mark is a registered trademark and protected under the law. This can deter potential infringers from using your mark and allow you to take legal action if necessary.

 

In conclusion, trademark registration should be a top priority for any entrepreneur starting a new business. It is essential to conduct a comprehensive trademark search and register your trademark before launching your product or service. This will help you avoid costly mistakes, protect your brand’s reputation, and ensure the long-term success of your business.
Registering a trademark (brand name, company name, logo, image or device) gains you exclusive legal rights to your trademark and accords higher protection to your identity in the market. Therefore, filing and registering your trademark are primary steps towards establishing your brand.
Registering a trademark helps your prospective customers and clients differentiate your product or service from others within the market. It also acts as a deterrent to other agencies that may pass off their product like yours, trying to benefit from your popularity.

 

The entire process of filing and registration of your trademark in India may take anywhere between two months to two years, depending on the complications and procedures involved.After the filing of the application, if there is some objection raised by the trademark office you need to reply within a specific time. Once the trademark office is satisfied with the response, it will publish the application in the trademark journal. Once it is published, the application will be open for opposition by any third party. If opposed, the trademark registrar asks every party to present their case and permits or denies registration accordingly.

Brainiac IP Solutions has a strong team of experienced trademark agents and attorneys who is well-equipped and knowledgeable of the nuances of the IP trademark registration processes. They are adept at handling the trademark filing in Pune process in India as well as in foreign jurisdictions. We can specifically help you reduce trademark and IP filing expenses in the US. Contact us today.

Most common Web Development Queries that we get.

What is a trademark?

A trademark, also known as a brand name, that represents a company’s products or services. It can be a word, a name, a picture, a label, a number, or a combination of colors. The purpose of a trademark is to help people easily identify and distinguish the company’s products or services from those of other companies.
The legal requirements to register a trademark under the Act are:
1. The chosen mark should be able to be represented visually on paper.
2. It should be capable of distinguishing the goods or services of one from those of others.
3. The mark must be used or intended to be used in connection with goods or services to indicate a connection in the course of trade between the goods or services and the person who has the right to use the mark, with or without identifying that person.

How to select a good trademark?

1. Unique: Choose a trademark that is unique and not commonly used in the market. Avoid selecting generic or descriptive terms that describe the product or service being offered.
2. Memorable: Select a trademark that is easy to spell, remember and pronounce. It should be catchy and simple enough for people to recall it easily.
3. Distinctive: The trademark should stand out and distinguish the product or service from others in the market. It should be recognizable and easily associated with the product or service being offered.
4. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
5. Future-proof: Choose a trademark that will remain relevant and effective in the long term. Avoid trendy or time-bound names that may become outdated over time.
6. Avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
7. Always conduct a market survey to check if same/similar mark is used in the market. Check if it is already registered by someone else in the market.

What is the function of a trademark?

1. Under modern business condition a trademark performs four functions
2. It identifies the goods / or services and its origin.
3. It guarantees its unchanged quality
4. It advertises the goods/services
5. It creates an image for the goods/ services.

What is a “fanciful” or “arbitrary” trademark?

Fanciful marks are unique terms that have been created for the sole purpose of serving as a trademark, and they hold no meaning other than as a mark. They are typically made-up words or nonsense words that become associated with goods or services, and represent a valuable investment in branding. These marks are considered to be the strongest type of mark and are the easiest to obtain if seeking trademark registration. Examples of fanciful marks include GOOGLE, EXXON, and EBAY.

On the other hand, arbitrary marks are terms that hold a common meaning, but have no relationship to the goods or services being sold. These marks are also considered strong and are protectable under trademark law. Examples of arbitrary marks include APPLE (for computers), LOTUS (for software), and SUN (for computers).

What are the different types of trademarks that may be registered in India?

1. Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
2. An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
3. Letters or numerals or any combination thereof.
4. The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
5. Devices, including fancy devices or symbols
6. Monograms
7. Combination of colors or even a single color in combination with a word or device
8. Shape of goods or their packaging
9. Marks constituting a 3- dimensional sign.
10. Sound marks when represented in conventional notation or described in words by being graphically represented.

What are the benefits of registering a trademark?

Registering a trademark provides the owner with the exclusive right to use the trademark in connection with the goods or services for which it is registered. The owner can indicate this exclusive right by using the symbol (R) and can take legal action against any infringement of their trademark in the appropriate courts in the country. However, the exclusive right is subject to any conditions entered on the register, such as limitations on the geographic area of use. In cases where two or more persons have registered identical or nearly similar marks due to special circumstances, such as honest concurrent use, the exclusive right does not operate against each other.

What are the formalities and government fees for major trademark transactions?

1. For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
2. To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
3. For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
4. Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
5. Restoration of removed mark (Form TM-13) Fees: 5,000/-
6. Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
7. Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
8. Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

What is Trademark Search?

Trademark searches are the process of conducting an investigation to determine if a particular trademark is already in use or registered by another party for the same or similar goods or services. The scope of a trademark search can be broad or narrow, depending on the desired outcome. A comprehensive search will cover all possible avenues of trademark protection and consider marks that may be remotely similar to the mark being searched. The search strategy should take into account various factors, including the nature of the mark, the type of goods or services it covers, the timeline for bringing the mark to market, and the resources available to the applicant. Proper trademark searches are crucial to ensure that a proposed mark does not infringe on the rights of an existing trademark owner and can help avoid costly legal disputes in the future.

What is Trademark Watch service?

The process of trademark registration can be lengthy and involves multiple stages. To ensure that clients do not miss out on any important steps that could potentially impact the registration of their trademark, trademark watch services are available. These services involve closely monitoring each stage of the registration process, as well as any subsequent developments, and taking necessary actions to prevent any issues. By utilizing trademark watch services, clients can have peace of mind that their trademark registration is being handled efficiently and effectively.

How much time will it take to get my trademark registered?

Obtaining a trademark registration is a time-consuming process and typically takes anywhere from 18 to 24 months to complete, assuming there are no objections or oppositions to the application. However, a trademark application number is usually assigned within one or two days of filing, allowing the applicant to track the progress of their application.

How many fees will I have to pay for trademark registration?

The fees charged by the government for Trademark registration are as follows: For individuals, startups or small enterprises, the E-Filing fee is Rs. 4,500, while the physical filing fee is Rs. 5,000. For all other applicants, the E-Filing fee is Rs. 9,000, and the physical filing fee is Rs. 10,000.

How can I check my trademark registration status?

By following the below-given steps you can Check Trademark Status
Step 1: Access IPINDIA Website.
Step 2: Select National/IRDI Number.
Step 3: Provide Trademark Application Number.
Step 4: View Trademark Application Information

What can I do if somebody is using my trademark?

Whether you can take legal action against someone using your trademark depends on whether your mark is registered or not. If your mark is not registered, you would have to rely on what is known as the common law action of “passing off.” This requires you to prove that you have a reputation or goodwill associated with your mark, that the other party’s use of a similar mark has led to confusion among consumers, and that you have suffered consequential damage. If your mark is registered, you can claim trademark infringement, which is generally easier to establish. In many cases, a strongly worded letter and subsequent negotiations can resolve the issue without resorting to the courts.

If two people are using the same mark and neither is registered, who has more rights?

When two parties are using the same trademark without registration, they both have limited common law rights within their respective geographic areas. However, if both parties have overlapping areas of business and use of the trademark, the party that can prove prior use of the trademark will generally have superior rights. This means that the party with prior use can legally prevent the other party from using the same or similar trademark in that area.

On what grounds is my application for trademark registration refused in India?

1. a trademark application may be refused on many grounds, which are as follows:
2. If a trademark is not capable of distinguishing the goods or services of a person from those of another person
3. If it consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.
4. If it consists exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade.
5. Also the following trademark may be refused if-
6. It is of such nature as to deceive the public or cause confusion.
7. It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.
8. It comprises or contains scandalous or obscene matter.
9. Also, if a trademark consists exclusively of the following, it may be rejected-
10. The shape of goods which results from the nature of the goods themselves, or
11. The shape of goods which is necessary to obtain a technical result, or
12. The shape which gives substantial value to the goods

What is the trademark status of provisional refusal confirmed and how do I protect my registered trademark from it in India?

When the status of a trademark shows “Provisional refusal confirmed,” it means that an objection was raised during the examination process or an opposition was received after the trademark was published. As a result, the Indian Trademark Registry has communicated the provisional refusal to the International Bureau of WIPO. The trademark applicant is given an opportunity to respond to the provisional refusal within one month of receiving it. If you disagree with the decision of the Trademark Registry, you can challenge it by filing an appeal with the Boards of Appeal or Court of Appeal. It is recommended to hire a qualified attorney who can represent you and argue on your behalf in front of the appellate authority. By doing so, you may have a better chance of protecting your trademark.

What Trademarks cannot be registered?

1. While registering for a trademark, the following are a few categories, which cannot be registered as Trademark and if you do so, your Trademark might get rejected.
2. Names and surnames: Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character.
3. Numericals: Numbers can’t be said to selective to be utilized as a trademark, as such.
4. Geographical Location: Geographical locations cannot be used as trademarks.
5. Color: Melodic notes as melodic documentations are acknowledged as trademarks in India.
6. Smell: Smell cannot go through the process of Trademark Registration in India. It is difficult to distinguish between different smells.
7. Devoid of distinctive Nature: The sign of an item or administration which is not of an unmistakable sort would not be a trademark.

How the Symbols ® and TM are to be used in India?

In India, only the owner of a registered trademark is permitted to use the symbol ®. It is illegal to use the symbol ® unless the mark has been officially registered. The symbol TM, on the other hand, indicates that the person claims ownership of the trademark. There is no restriction on using the symbol TM in India.

Can a domain name be registered as a trademark or service mark in India?

Certainly, a domain name can be registered as a trademark in India as long as it is being used as a source identifier for goods or services. However, if it is being used merely to indicate the URL or address at which a website may be found, such use is not sufficient for trademark registration. It is important that the domain name is being used as a trademark or service mark.

Whether foreign proprietors can apply for registration of trademarks in India?

Foreign proprietors are allowed to apply for the registration of trademarks in India. The Indian trademark law is compliant with TRIPS (Trade-Related Aspects of Intellectual Property Rights) and it acknowledges the reputation of well-known trademarks beyond national borders. Therefore, foreign trademark owners can seek protection of their marks in India.

Where an application for registration of a trademark in India can be filed?

To apply for the registration of a trademark in India, an application can be filed at any of the five intellectual property offices situated in Chennai, Mumbai, Kolkata, Delhi, and Ahmadabad. The choice of office would depend on the jurisdiction of the primary place of business of the owner/proprietor or the location of the agent in case of foreign proprietors.

Can a trade mark be removed from the Indian trademark register because of it not being in use after registration?

Yes, according to Indian trademark law, if a registered trademark has not been used continuously for a period of five years and three months, it can be removed from the trademark register on an application made in a prescribed manner by filing a request before the trademark office

Can a registered trademark be amended at a later date?

Absolutely, under the provision of Section 22 of the Trademarks Act, a filed trademark can be amended, provided that the amendment does not alter the character of the mark in a substantial way. If the amendment only concerns a superficial or insignificant characteristic or feature of the mark, it can be allowed by submitting a request in the prescribed format along with 16 copies of the amended label mark.

Once registered for what period of time, a trademark is effective?

A trademark registration in India is valid for a period of 10 years from the date of filing. The registration can be renewed every 10 years, perpetually. A renewal request must be filed in FORM TM-R within one year before the expiry of the last registration of the trademark. The renewal fee is INR 10,000 for physical filing and INR 9,000 for e-Filing. If the renewal fee is not paid until the expiration of the last registration, a surcharge must be paid along with the prescribed fee accompanied by form TM-R. If the renewal fee along with the surcharge is not paid until six months after the expiration of the last registration, the trademark is liable to be removed. Once removed, restoration of a trademark can be requested in form TM-R along with prescribed fees and applicable renewal fees (physical filing: INR 10,000, e-Filing: INR 9,000).


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