Trademark Registration - A Mark For Brand Identity

We guarantee to provide you 100% assistance in Trademark registration by maintaing the transparency. Also, we are action-oriented, thus, we will invest our sustain efforts in completing the Trademark registration process immediately. 

For finest expert assistance, contact us to complete the Trademark registration process immediately.

What is Trademark?

A trademark is a form of intellectual property comprising an identifiable sign, design or expression that helps recognise the products or services of a specific company. However, a trademark used to identify service is termed a service mark.

A trademark helps differentiate your product from competitors, which act as a company’s protective shield because organisations usually register their logos/brand.

Is trademark registration mandatory?

It is advisable to obtain trademark registration because it provides wider business opportunities, legal protection, unique identity to an organisation, and more. Thus, trademark registration is necessary to recognise the organisation.

Presently, the trademark registry works as an operational and functional body of the Trademark Act, or it can be said that it works besides the Trademark Registration Act.

Also, being a functioning body trademark registry is responsible for implementing the rules and regulations of trademark laws in India.

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Benefits of Trademark Registration

Trademark registration provides exclusive rights to the registered trademark owner as it prevents other companies from copying your logo, slogan, or brand name. On the contrary, if a company does so, a registered trademark owner holds the authority to sue the unregistered owner of the trademark.

A registered trademark builds trust among the customers in the market. That assists in enduring customer loyalty and makes them choose the same brand by ensuring quality and reliability. 

Thus, it provides a unique identity to the business compared to your competitors, primarily when you sell your products on online platforms such as Flipkart, Amazon, etc.

For instance, if an individual is looking for a pair of shoes, he would prefer to buy registered brands such as Reebok, Puma, etc., then shoes of unregistered brands because unregistered brands do not guarantee exceptional quality, trust, and reliability.

Therefore, it provides a unique identity to the products under a registered trademark that helps to attract new customers and create regular customers.

A registered trademark helps to create intangible assets that are the business’s intellectual property, which can be sold, assigned, franchised, or commercially contracted

A trademark registered in India can be trademarked in other countries that provide your brand with a global reach, trust, and reliability in a worldwide market.

Trademark Symbol and Their Use

It is a typographic symbol that reflects that the former word/symbol is trademarked under Trademark laws.

Symbol ™ 

™ indicates the trademark registration for an unregistered trademark for which an application has been registered. Thus, it signifies that the trademark application exists.

Symbol SM

Symbol SM or Service Mark is used for the application for a service industry. In addition, it is used for the applications which are filled under classes 35-45.

Essential Factors to Consider Concerning Trademark Registration

Trademark registration is the most valuable asset of your company because it creates brand identity and contributes to creating its goodwill. Moreover, as mentioned, a trademark can be a logo, a word, label, symbol, etc.

This indicates the brand’s uniqueness and creates an identity for the customer that results in regular customers and attracts new customers.

Below-mentioned are the factors to consider regarding trademark registration,

1. A visual representation

The visual representation of the trademarks can differ. Below-mentioned are some of the common types,

  • Word mark (typographic treatment of the name of company, product, or institution).
  • Logo and symbol (a picture or design).
  • Servicemark (used to indicate a service).
  • Series mark (the plurality of mask comprise a common suffix or prefix).
  • Shapes of good/three-dimensional mark (it helps in differentiating goods of a trader with another).
  • Pattern mark (it includes a pattern that helps to recognize the origin of goods and services from an undertaking).
  • Color mark (a non-conventional trademark that comprises one or more colors used on an object).
  • Collective trademark (the organization’s members use it to recognize the quality/geographical origin/accuracy and other characteristics defined by the organization).
  • Sound mark (a unique sound that is considered exceptional and used for specific community people).
  • Certification mark (it indicates that specific goods and services or the provider of goods and services withstand particular standards).
  • Geographical indications (it is a sign on the products that indicate the particular geographical origin and including the qualities and reputation associated with the specific origin).
2. Trademark Search

A trademark search needs to be done to check whether the trademark exists or not. If it does, you are required to make changes.

Moreover, you can search the Indian Trademark Registry database.

Consequently, JR Compliance with experience of above 8+ years can provide you professional assistance in searching whether the trademark is already registered or not.

3. An Intangible Asset

As mentioned above, the trademark is similar to an intellectual property that attracts a pile of benefits for the organization as it builds the brand’s reputation.

Moreover, once a trademark is registered, it becomes an incorporeal asset, which can be traded, franchised, commercially contracted, and distributed.

4. Registration Should be Voluntary, not Compulsory

The trademark registration is discretionary (it is advisable to obtain trademark registration to avail heap of benefits). A registered trademark acts recognized as evidence of ownership of the trademark (that indicates who owns the brand). 

Thus, all the decisions will be in favor of its owner.

5. Provides Protection Against Infringement and Other Legal Protection

In case of infringement concerning the logo, brand, slogan, etc., a trademark owner can exercise its legal rights. Thus, a party involved in the violation can be sued by the trademark owner.

6. Select the Class of Goods and Service Appropriately

Under trademark registration, the goods and services are divided into 45 categories, further classified as a class. Accordingly, you have to register your brand name under a suitable trademark.

Consequently, JR Compliance will provide complete support to register your name under the appropriate class to avoid further inaccuracy.

7. Validity of Trademark

The trademark is valid up to 10 years from the date of its registration. However, the renewal process needs to commence a year before the expiry of the trademark.

To be noted, if you fail to renew the trademark, you can reinstate it through the restoration of the trademark registration process as prescribed in the form.

Documents Required For Trademark Registration Process

  • Information on the business type.
  • Registration address
  • Information regarding the business objective.
  • Name of brand/logo/slogan.
  • Identity proof of the trademark owner.
  • The logo of the brand should be submitted in black and white format.
  • If you fill the trademark registration only for a tagline, you are not required to submit the logo.
  • If you claim a former trademark (made in application), the user must submit the affidavit.

Accordingly, our team guarantees to assist you in the process of documentation to avoid every possible inaccuracy. Thus, we will ensure a smooth process. 

To make Trademark registration process easy, our consultant team will educate you concerning registration process without any hassle and challenge as we comprise the experience of 8+ years. Moreover, we guarantee to avoid any inaccuracy.

Trademark Registration Process

  • The first step to commence the trademark registration process is trademark search. This will allow an applicant to choose an appropriate trademark for a business that has not been registered previously.
  • Then an application for trademark registration will be prepared by the Trademark registration attorney. Finally, the applicant is required to sign Form 48 and TM-1 for approval.
  • As the application for registration will be filled, it could either done manually or online,

1. If an online will be filled, registration acknowledgment receipt will be generated instantly.
2. On the contrary, ifan application will be filled manually, the application will be made to the Registrar or Trademark located in a few major cities (Delhi, Mumbai, Chennai, Ahmedabad, and Kolkata). However, unlike the online procedure, it would take some days to acquire the registration acknowledgment receipt.

  • The application will be submitted along with the required documents, the registrar will examine whether a brand has complied with the specific terms or not.
  • After clearing the examination, brand name will be published in Indian Trade Mark Journals if there is no objection to the chosen name within 90 days or 120 days (from publication date). Then, your trademark will be approved.

Our Role in Obtaining Trademark Registration

We guarantee to provide you with complete support and assistance throughout the Trademark registration process.

Our trademark registration attorney will help you in the process of documentation.

We will assist you in choosing the appropriate trademark class for your brand.

Our trademark registration experts will assist you in searching for a suitable trademark.

Our professional teams will keep track of your trademark certificate.

We will provide you with the most satisfactory solution to all your concerns.

Ministry that provide trademark registration

Conclusion

As mentioned, trademark registration attracts a bunch of benefits. However, it is challenging for a firm to get a hold of every aspect of trademark registration process because it requires experience. 

Thus, JR Compliance comprises experience, knowledge, and professionalism, which is an appropriate combination to provide you assistance in obtaining a trademark registration. We guarantee to offer you high-standard services while ensuring your convenience.

Hence, for expert and professional services, contact us immediately.

Have Questions? We've got answers.

Who registers the trademark in India?

In India, the Controller General of Patents, Designs, and Trademarks, Ministry of Industry and Commerce, registers the trademarks.

To be noted, trademark registration is done under The Trademark Act, 1999.

Can a foreigner or foreign organisation obtain trademark registration?

Yes, a foreigner or foreign organisation can apply for trademark registration.

Who can apply for the Trademark registration?

As a trademark is registered under the name of the concerned business, an individual, a private limited firm, companies, limited liability partnership, and a Non-Government Organization can fill an application for trademark registration.

As per the trademark rules, items such as logo, sound, words, phrases, images, colours, initials, or an amalgam can be trademarked. As these are used to stand out your business in the market.

Disclaimer:

All to whom it may concern, JR Compliance is not liable for any direct, indirect, incidental, special, or consequential damages from the use of any information contained on our website, or from any action/ decision taken as a result of using the site.

The information provided on this website is with the sole intention to give information, not a professional opinion. Moreover, our website might include copyrighted material that may or may not have been specifically authorized by the owner, however, used for the purpose of providing information. That constitutes a “fair means” under Section 52 of the Copyright Act, 1957.

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Any content or mark might be copied, reproduced, republished, and displayed publicly for any profit-oriented purpose whatsoever, require our prior written permission, otherwise, an offender may have to face legal consequences. 

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