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About Trademark Registration
The Trade Marks Act, of 1999 governs the use of trademarks in India, which are administered by the Office of Patents, Designs, and Trademarks under the Department of Industrial Policy and Promotion.
Trademarks are brand names, logos, taglines, visual symbols, numerals, or combinations that, once registered, prevent others from using them, giving you legal protection against competitors.
Advantages Of A Trademark Registration
Registration Process Flow
2 WORKING DAYS
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2-3 WORKING DAYS
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Documents required for Trademark Registration
For Pvt Ltd Company and LLP
For Partnership Firm
|Comparison Basis||Private limited company||Llp||Sole proprietor|
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|Suited For||Growing Startup||Service Provider||Small Business|
Yes, foreign applicants can also apply for Trademark registration in India. Under the Madrid Protocol, the international trademark application may be filed through the Trademark Office for the applicant.
Yes, It is allowed to be amended as per the terms of Section 22 of the Trademarks Act, which enables the improvement of the mark presented it does not amount to a substantial variation in the character of the mark as such.
Any word, name, device, label, numeral, or combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be unique for the services or goods for which it is presented to be registered.
A trademark helps to protect the logo, name, and register brand that is used in marketing goods and services. In contrast, copyright helps you to protect the original literary, artistic, and musical work.
When considering what would make a good trademark, the strength or distinctiveness of the mark matters. In general, the stronger or more distinctive the mark, the easier it is to register and protect it from use by another. Trademarks can be categorized as having the following levels of strength or distinctiveness, from strongest to weakest: (i) Fanciful or Coined Marks (ii) Arbitrary Marks (iii) Suggestive Marks (iv) Descriptive Marks (v) Generic Terms Please avoid selection of a geographical name, common personal name or surname. No one can have an exclusive license to it. Avoid using laudatory words or words that describe the quality of goods such as best, perfect, super, etc. It is advisable to conduct a market survey to ascertain if the same or similar trademark already exists in the market.
The term of ™ registration is 10 years and trademark renewal is every 10th years.
Yes, a trademark can be transferred from one person to another. The processing fee of the transfer will vary as per the status of the mark.
As far as Government fees are discussed, the cost of making an online trademark registration application is Rs. 4500/- for Small Enterprises and Rs. 9000/- for Big Enterprises for each class of use.
The Indian registration of a trademark/service mark may not be completely valid in foreign countries. However, this Indian registration shall function as the basis of the filing of the trademark/service mark in the chosen countries.
It shows "Objected" when the Examiner opines some objections regarding the registration of the trademark.
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