Trademark Registration Delhi
A design, symbol, phrase or word competent in distinguishing and identifying the source of services or goods of one party from others are referred as trademark. With trademark registration the person gets exclusive usage rights over their trademark and it prevents others from exploiting it. The trademark in India can be regulated and registered under Trademark Act 1999.
In simple terms, with trademark registration you are protecting your logo and brand and preventing others from using the same illegally. The registered trademark is basically the elusive asset for a company and it is crucial to use for protecting the investments of companies in their symbol and logo. Upon successful trademark registration of the logo and symbol, you will receive a registered TM number within 3-4 days and it would act as the trademark license. However, it usually takes around 2 years for the license to be registered permanently and thereafter you are allowed to use the trademark symbol along with the brand name of your company.
What is a Trademark?
A Trademark usually refers to the logo or brand. The trademark registration can be applied and acquired for distinctive catch phrases, business name and captions or taglines. When aptly used and promoted, the trademark can become the valuable asset for a business. The trademark of the brands serves as the indication of origins of goods and its quality.
It is very essential for businesses to obtain the trademark registration in India under the Trademark Act 1999. Simply registering the business and company name under Companies Act won’t give the required protection of brand or logo against others who may start using similar or identical marks to do business.
“TM” mark stands for trademark and the use of “TM” marks along with your brand name or logo signifies the public that the business is holding the exclusive rights or ownership of the trademark and it can generally be used only by those who have filed for the trademark registration.
Documents Required for Trademark Registration
Applicants are requested to submit the duly signed authorization letter which would allow the professionals to apply for trademark registration on your behalf. Upon receiving the authorization letter, the professionals at Corporate Consult would start the preparation process and documentation. They will file the application online and pay the required amount for filing. As the application is submitted online you would receive the conformation and you will get the right to use the TM symbol. There are certain documents which the applicant needs to provide for successfully applying for trademark registration and this includes:
- Applicant Name
- Type of Business and Objectives
- Registration Address
- Brand/Logo/Symbol/Slogan Name
- Identify Proof and Business Proof – The applicants applying for trademark registration need to submit the identify proof and it can be anything from ration card to passport, driving license or Aadhar card and voter’s ID card.
- Using of Logo with Tagline – If you want to trademark only the tagline with words, then there is no need of providing the logo. But if logo is also used ensure to submit it in black and white format.
- Form 48 – Attorney is assigned on your behalf who will be filing the trademark application for you with the trademark registrar. The trademark user affidavit is also required to be submitted if a claim is made for the previous trademark that was made in the application
Advantages of Trademark Registration
- Brighter Opportunities in Business – It is noticed that the services and products which are sold under a brand or registered trademark are likely to build trust, quality and reliability amongst the customers. It even sets goodwill in the minds of your clients. It serves as identify for your business which distinguish you from all your competitors on online platforms.
- Legitimate Protection – As you secure the registered trademark you become legal owner of the trademark and no other person is legally allowed to use the same registered trademark without your consent. Anyone copying your registered trademark can be challenged legally in court and you have the rights to sue them if your trademark is being copied
- Certified Identity – Customers usually identify particular service or products only with their registered brand. So, when you register your trademark it ensures that no other competitors in market would use it and it remains your valuable asset for years to come.
- Acts as Asset – The registered trademark would become your valuable asset when your business manages to create a brand name and excel. Once you become successful you can commercially sell it, contract it or even franchise it.
- Become a Popular Brand – The registered trademark can easily be searched online as it is present in the database of government. This helps your brand to become popular and this is the good sign for your business.
Trademark Registration Services in Delhi
Applying for the Trademark Registration in India is not simple and you would need someone who specializes in this niche. This is where Corporate Consult comes to your rescue by helping you to register your trademark successfully and secure it as your valuable asset for years to come. Below is the detailed guide on how to apply for a Trademark Registration in India and how Corporate Consult can help you in the process for filing trademark registration.
- Searching for Trademark – We at Corporate Consult work on your behalf to check the availability of the trademark or brand name you have opted for to ensure that the required brand name or trademark is available and not taken by any of your competitor. Being exclusive and unique matters a lot and checking it online would ensure that that is no issue in using the desired brand name or trademark and there is minimal chance of any objection to be raised in future
- Creating Application – Upon successful selection of the brand name or trademark logo, you are requested to send an authorization letter to us and it needs to be duly signed by the owner or applicant. This letter would give us the legal authority to file the trademark application on behalf of the applicant.
- Submission of Trademark Application – Upon successful receiving of the authorization letter along with correct details, the attorney from Corporate Consult would head towards filing the trademark application on behalf of the client. Once the trademark application is filed, applicants are legally authorized to use the “TM” symbol. You will also get the TM application number. The application would be submitted online at central trademark department.
- Trademark Registration – Upon successful completion of the trademark application, it would be verified by the trademark office. Government holds the right to raise objection if anything similar is found in the class, logo or tagline or when the name is deemed obscene or hurt the religious sentiments. If objection is raised, the registrar is authorized to publish an advertisement in trademark journals. If no opposition is filed back by the either party within the timeframe of 4 months, then the trademark would be registered within 6 months. Throughout the process you will regularly receive updates regarding the application status from Corporate Consult.
- Hearing – If the objection is filed on the trademark and opposition is not agreeing upon the response, then hearing will be conducted in front of the trademark registrar. Attorney would be appointed by Corporate Consult on your behalf on extra charge to look after the case and defend you in front of the registrar.
FAQs on Filing a Trademark
Trademark Registry has categorized goods and services under 45 different classes and application for Trademark Registration must include the class or classes of goods and services you deal in. The trademark would be registered based on those classes mentioned on the application.
The validity is for limited time of 10 years only. However, it is renewable and before expiration you need to renew your trademark by paying the fee for trademark renewal.
Upon successful submission of the trademark application with the trademark department the TM symbol is assigned by the department within 1-2 days and thereafter you can start using the TM symbol along with your brand name.
Trademark is basically the intellectual asset which is allotted to a logo, brand name or word, but copyright is different as it assures the protection of particular content like songs, videos, music, books, software and hardware.
Identity proof, business proof and class are required to apply for trademark registration in India. If the entity is a company they need to provide company incorporation documents along with the application.
No, the trademark registered under Trademark Act 1999 is only valid across India and in selected nations.
From logo registration to trademark registration every service is offered by Corporate Consult and it serves in all major cities of India.