Trademark Registration – Online, Eligibility, Fees, Consultation & Process Guide
All About ✓ Trademark Registration ✓ Logo Registration ✓ Brand Registration ✓ How to Register for Trademark Online In India ✓ Steps for Trademark Registration ✓ Trademark Registration Online Process ✓ GST Registration Process Guide.
How Indiafilings can help with Trademark Registration?
IndiaFilings has filed over 50,000 trademark application in India and helps various businesses with a complete suite of services to manage their brand names.
The process for trademark registration involves various steps and follow-up with the Government. Hence, it is essential to hire an expert for trademark filing to maximize chances of obtaining Trademark registration.
An IndiaFilings Trademark Consultant can help you easily complete a trademark search and provide advice on the classes under which the trademark registration should be made.
Know the Trademark Registration Online process, eligibility and documents required for Trademark Registration. Secure GSTIN number with the help of experts on the applicability and compliances under GST for your business and get your business Registered under GST.
What is Trademark?
A trademark is a word or symbol used by a business to distinguish its goods or services from other competitors.
Business names, brands and logos can easily be trademark through IndiaFilings by filing an application online. Once a trademark application is filed, the trademark applicant can begin using the ™ symbol with the brand.
Thus to protect a brand or business name from being copied by others, the inventor of the must must apply for trademark registration.
Who Can File for Trademark Registration in India?
A trademark application can be filed by any person or legal entity. The person or legal entity can also be a foreigner or foreign entity. Further, trademark applications can also be made for marks that are proposed to be used by the applicant in the future.
Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation.
for How long is Registered Trade Mark valid?
All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration.
Once a trade mark application is filed with the Trade Mark office, the applicant can begin using the TM symbol. If the trademark is registered, the applicant can use the R symbol.
Benefits of Trademark Registration For Business
Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company’s name or logo, which is often a company’s most valuable asset.
It grants the trademark owner exclusive nationwide ownership of the mark which can be legally upheld in the courts of law in any part of the country.
Registering a trademark grants the trademark owner the right to make the mark exclusive and incontestable and use it in a variety of mediums.
This will be immensely useful to prove the validity of the mark and the registrants ownership incase of any infringement by a third party.
Products/ services are identified by their logo which helps create brand value over time. A strong brand is a huge pull for new customers and an anchor for existing customers.
Registering a trademark early and using it will create goodwill and generate more business for the brand owner.
A registered trademark is an intangible asset for a company as it helps generate more business and helps attract and retain customers by account of brand recognition.
It also grants the business legal right to use a logo exclusively for 10 years with the choice to re-register.
What is the Cost of Registering a Trademark in india?
How to Check Status of Trademark Registration?
Renewal of a Trademark: Form & Fees
Who can file applications for Trademark Renewal?
- The proprietor of the registered trademark
- An agent associated with the registered trademark
what is the Duration to renew a Trademark?
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
are there any Forms needed to fill?
The following forms must be provided for renewal of a Trademark along with the allotted fee.
|TM-R||Application form for renewal of a registered trademark to be used by the registered proprietor||Rs.10,000||Rs.9000|
|Application for renewal with a surcharge of registration of a Trademark||Rs.5000 + Renewal fee||Rs.4500 + Renewal fee|
|TM-18||Affidavit in support of the statement of the case||–||–|
what is the Penalty for Trademark Infringement?
Trademark infringement occurs when a trademark used by a person is similar or identical to that of a registered trademark rights of another person or company in the jurisdiction.
The most common standards for testing trademark infringement are:
(a) close similarity of a mark and its associated goods and/or services to a prior registered trademark and its associated goods and/or services; and/or
(b) use of a mark that creates a likelihood of confusion with a prior registered trademark among the relevant consumers.
A person is considered to be applying a trademark wrongfully if:
- Falsifies any trademark.
- Falsely applies to goods or services any trademark.
- Makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trademark.
- Applies any false trade description to goods or services.
- Applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacture or person for whom the goods are manufactured is required to be applied. A false indication of such country, state, place, name or address.
- Tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied.
For the above offences, a person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
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