A ‘trademark’ is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises. It is a visual symbol that is unique to your brand and is used by the customers to identify your products. This symbol could either be a word or a combination of words, or it could be a graphic logo. Generally, a mark is a visible distinctive word, letter, numeral, drawing, picture, shape, colour, logotype, label, or a combination of one or more of these. The design of a logo may be an abstract design, stylization or simple reproduction of everyday objects or images. By getting your trademark registered, you get an exclusive right over such mark and no one else in the same business as you can use your trademark.
Registered trademarks are considered to be one’s intellectual property, and therefore are one of the huge assets for a brand owner. Because of its high value, it is necessary that you should get your trademark registered. In India, trademark registration involves several steps, and it is essential that all these steps are carried out by a professional who understands the nuances of the whole process.
We at FilingRabbit provide you with services that allow you to conduct a proper trademark search before filing the application for your trademark, as well as file the application to register the said trademark.
Trademark registrations are used to protect the logos or marks that are unique. Trademark registrations in India can be obtained by individuals or businesses or by non-profit organizations. The following are eligible for obtaining trademark registration in India.
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
In India, a mark is protected by its registration under the trademark law or through its use as a mark in the marketplace. Even where a mark is protected through use, it is advisable to register it as a mark as such registration provides stronger protection in case a dispute concerning a mark requires intervention of other persons or a court of law.
As a trademark applicant, you will need to provide a number of documents along with the application. These documents would include TM-A, which is the trademark application form and/or Form-48, which will authorise a legal person to represent you.
Even after the publication, a trademark can be objected to by third-party oppositions within 90 days of its publication. Such an opposition requires filing of a counter statement by the applicant or in case that is not accepted by the Registrar, a trademark hearing.
A trademark is registered once the application is free from all the objections and oppositions and it takes approximately 12 weeks after the publication for a trademark to get registered if the application is met with no objections. A trademark registration provides protection to your trademark for 10 years, after which you can renew protection for the next 10 years by filing for it within the required period.
An applicant can check the status of a trademark application once the filing process is complete, and a trademark application number is acquired. By checking the status of the application, the applicant can stay up to date if any discrepancy or objection arises out of the process and act upon it quickly.
To check the status of your trademark application during the trademark registration process, the Government provides an official online portal. On this portal you can enter your trademark application number and see the progress of your application.
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
A trademark which might be similar/identical to any previous trademarks or indicates the kind/quality of the product, or is indistinctive, can be refused registration.
It takes approximately 6-24 months for a trademark to get registered, which might get elongated if there are several trademark oppositions and hearings.
Any word, name, device, label, numerals or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive.
The Trademark Registration process is tedious and requires professional help since the application needs to be exactly in the manner prescribed by the Government. If incorrect, your application will get refused. At FilingRabbit, you will get adequate support and services so as to make this process smooth and easy for you.
As an owner, you can get your trademark registered in a particular or several Trademark class/classes. There is an option to choose from 45 classes consisting of several goods and services, and you can get your mark registered in either one of the classes or multiple classes, depending upon your business. In India, you can register a word mark, a logo, a 3-D mark, or in some cases, a colour, or a sound mark. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
A trademark can have multiple owners. In such joint ownership, the owners must each file jointly for the trademark.
The ™ symbol can be used with the trademark after an application has been filed for its registration. The ® symbol can be used only with the registered trademarks.
Yes, you can use your own name as a trademark.
You can apply for the same trademark in different classes, depending upon the nature of the goods/services that you provide.
A trademark can be applied for by any natural or legal person, be it a citizen of India or a foreign national. An owner can register the trademark in India, as well as in other countries for worldwide protection.
FilingRabbit is an online portal that helps you protect your business. Since there is no requirement for physical presence, the services can be availed from anywhere.
