A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
Trademark Registration Process & it's Stages:
There are 5 stages involved in the Trademark Registration Process.
1. Trademark Filing:
Once you submit the required details, we will file your Trademark application on a priority basis. Once the Trademark Application has been filed, we will notify you and share the trademark receipt issued by the Trademark Registry, once your receipt number is generated you can Start using "TM" symbol with your brand name.
After a few months of trademark filing, the application moves to the 2nd stage of the Trademark process. In this stage, Trademark Registry examines the application thoroughly after which Trademark registry communicates the status of your trademark application i.e. Whether the Trademark is accepted (After which your Trademark will be published directly in the Trademark Journal) or deemed to be rejected. If your Trademark is deemed to be rejected, a suitable reply has to duly drafted and submitted to the trademark office to remove the stated objection.
Once the reply is filed, the registry will review and move the application to the 3rd Stage of the Trademark Process.
In the Publication stage, the application will be published (advertised) in the Trademark Journal for 4 months and will be open to be opposed by the world i.e. if anyone has an objection in regard to your trademark the same can be stated to the Trademark Registry within this period. However, going as per the usual trend there is only 10-15% probability of getting an opposition for your trademark application.
If no Opposition is received during the advertisement period, the Trademark Registry will issue The Trademark Registration certificate. After the issuance of Trademark Registration Certificate, you can Start using "®" symbol with your brand name as your brand has been successfully protected.
1. Date of Usage of the logo/word or proposed to be used):
2. Contact Name:
3. Company name:
5. Phone no.:
6. Email ID:
7. Description of good (what kind of goods/services?)
8. Type of organisation (Prop./ Partnership/ Pvt Ltd etc)
9. Trademark (Wordmark /Logo):
Kindly be informed, in addition to the above-mentioned details, we required POA (authorisation letter) for the Trademark filing. We will send you the format of the same at the later stage of filing.
We would like to inform you that to get the Trademark Registration certificate, it usually takes 8-12 months or even more depending upon the complexity of the application and how your application has been taken care of during the registration process.
Please feel free to connect for any query you may have for us, we shall be glad to help you!