Trade Mark Registration

From Rs.7999 /- all inclusive fees

Trade Mark Registration

A trademark is instinctual property and a unique expression related to a product or service that distinguishes it from others. It can be expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell. In most businesses are only looking for a brand name registration or logo registration.

Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes). Trademark registration enables owners to easily establish their own 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. 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. We are one of the best trademark registration company in Gurgaon, India.

What is the Trade mark symbol and meaning of (TM, SM, R)

“TM” This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

“SM” It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

“R” This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Documents required for Trademark Registration

  • Name of the applicant
  • Type of Business
  • Main Objectives of the Business
  • Name of the Brand/ Slogan/ Logo
  • Address of Registration
  • Affidavit

FAQS (Frequently Asked Questions)

Trademark registration owner is enjoys exclusive right over the trademark. The trademark owner can use the same for all the products, service falling under which they class(es)
applied.

Trademark owner creates Intellectual Property for an organisation. The Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.

Trademark owner can established the quality of our product and services are known by everyone through the trademark. They can establishes the trust and goodwill among the customers in market.

After registration of the trademark the owner can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of
all types of usages as well as rights.

After registration of the trademark they can gives the recognition to the quality of the products. The Customers attach the product’s quality with the brand name and this image
is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

After registration of the trademark the maintainability cost is very low. You have to just pay the maintenance cost and renewal cost which is after 10 years of registering the
trademark.

FAQS (Frequently Asked Questions)

A trademark (popularly known as brand name) or in other word it is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?