Trademark Registration Services for the Modern Entrepreneur.
Trademark is very Important for any business or brand in India. Anyone who’s want to secure their brand name and logo of the company, must Register for trademark in India.Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
Checklist For Trademark Filing in India
Conduct Trademark Search
After identifying the marks of business, the next is to see if these marks are unique and should not conflict with someone else’s existing trademark or business name. Carry out a comprehensive search in the register of trademark, which is available online, to find out if any same or similar marks have already been either registered or pending registration
Identify all IPR Assets for ™ Registration
Every business has several IPR such as trademark, logo, punchline, brand name, domain name, product label, etc. However, such marks may not be eligible for registration as a trademark. Hence the first step should be to identify trademarks that qualify for registration under sections 9 and 11 of the Trademarks Act, 1999, which prescribes for relative or absolute grounds of refusal of the trademark.
Classify Trademark Correctly
There are 45 classes in which a trademark can be registered based on the activities for which the mark to be used; classes 1 to 34 pertain to goods, whereas classes 35 to 45 are for service activities. One trademark may be used for several business activities and may fall under more than one trademark category. We recommend that trademark applications must be filed in all such classes where even part of the activities relates.
Drafting of Documents
The list of documents required for filing a trademark application is provided in the documentation section on this page. Generally, authorisation to the trademark attorney, an affidavit in support of the usership date as to be claimed in the application, is required. These documents are to be made on non-judicial stamp paper, which is further notarised. We shall support you in drafting the same, and for that purpose, the information may be given to us in the questionnaire.
Types of Trademark With Examples
The most important trademark is your Business Name, You must protect it immediately before someone else steals it.
Logo of the Company
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image
Punchline Or Slogan
Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark in India.
Brands of The Company
The products of business are known by their independent name. It may be a wordmark or a device mark (image).
The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it
If a sound is unique to your business like the Airtel ringtone or ICICI jingle, then ensure to register it as Sound Mark
Feature Proprietorship One Person Company
The word sole denotes single, and proprietorship is for the ownership. The sole proprietorship is the most common form of business for tiny business in India, where a single individual owns & controls it.
The OPC is a fusion of sole proprietorship and the corporate form of business. The Companies Act, 2013, for the first time, introduced the OPC to enable a single person to open a company with a simplified compliance regime.
No formal registration of sole proprietorship is required as there is no specific law of parliament or state that regulates the proprietorship business. That is why it is so simple to start and manage.
A one-person company is incorporated under the Companies Act, 2013. The process is simple and online. Only one person is required to start the OPC.
A sole proprietorship firm is not a separate legal entity from that of its proprietor. The proprietor and the proprietorship is the same thing.
OPC is a separate legal entity, and the shareholder/director of the OPC are different from that of the OPC.
The proprietor is personally liable for all the liabilities and debts of the business. To pay off these liabilities, the personal properties of the proprietor can also be attached.
In an OPC the single shareholder is not liable for all the liabilities or debts of the company, and instead, he/she is responsible for paying only the sum which may be outstanding from her subscribed share capital.
A single Individual can start a Sole Proprietorship Firm, where he alone will invest all the capital and shall be entitled to all the profits of the firm.
The OPC can be owned by only one Individual, also known as the sole shareholder. However, the sole owner of the OPC has to nominate another person to become his or her nominee.
You can start the proprietorship firm with any amount of capital. It means there is no minimum or maximum capital prescribed as such for a proprietorship firm.
There is no prescribed minimum capital as such. It means you may incorporate an OPC with any capital as you desire. After the 2021 budget, there is no limit on maximum capital.
The proprietorship business lacks the benefit of perpetual succession. With the demise of the proprietor, the firm also ends its life. The proprietor and the proprietorships are one and the same.
The OPC is recognized as a separate legal entity in the eyes of the law and the business is transferred to the nominee after the demise of the proprietor.
As there is no distinction between the the owner (proprietorship) and the sole proprietorship firm as such, the firm can not own property or assets in its name.
An OPC being a separate legal entity is capable under the law to own the property in the name of one person company.
Step Wise Process for Trademark Registration
Frequently Ask Questions
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
Trademark applications are distinctive to the goods or services it is represents. Therefore, trademark applications are made under a “Class” of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or service it represents.
If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.
A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.