Business organizations use a unique registered trademark to ensure that their manufactured products and offered services stand out from the rest. Anything visual – a symbol, sign, name, word, numeral, label, etc. can be a business trademark. It is only because of a registered trademark, distinguishing similar products or services from two distinct businesses in the market can be done easily. Under the Indian Law, a trademark, which is an asset, can be protected.
To ensure that no other business entity imitates or copies a particular business’s trademark, applying for trademark registration is essential for the individual who devises the unique symbol or word. To ensure that the trademark registration process, which consists of several steps, does not overwhelm or becomes too demanding for you, get in touch with an expert while filing and getting your trademark registered.
Any individual or business with the legal right and authority to operate in India is eligible for filing a trademark application. It isn’t mandatory to use a trademark before applying for registration. However, using the trademark from beforehand maximizes the chances of registration. Besides foreign entities, even individuals who belong to foreign countries are qualified for filing trademark applications in India and obtain registration without any extra requirements.
Customers regard a business as a credible one when it sells its products and services under a registered trademark. It becomes easier to establish trust, goodwill, and reliability in the customers’ minds when your goods and services are already registered. A trademark is instrumental in giving a business a unique identity and facilitates products and services to stand out when the same is available in the extensive online market, where similar products and services from different businesses can also be found.
A business organization gets its own trademarks registered to obtain legal protection against infringement or emulation of its valuable asset, which is the name, logo, or symbol. The registration awards the business proprietor, who is eventually the trademark owner, the exclusive ownership of the trademark, and gives the authority to use the registered trademark across the nation. The owner has the right to legally uphold the trademark ownership in the courts of law anywhere across the country.
Customers can identify a specific good or service with a particular company only when the registered product and service become popular with time and keep proving instrumental. By getting a trademark registered, a business can have enough peace of mind as no other business will be able to use the same trademark. Eventually, apart from establishing a unique brand identity, a trademark also becomes a unique and immensely valuable business asset.
A trademark, which is registered, acts as an intangible and valuable asset for a business. It helps drive potential customers’ attention, improve conversion, generate more sales, and retain customers on account of brand recognition. A business has the right to contract, sell, and franchise the registered trademark commercially.
The filing trademark application for registration purposes is a very simple process. One can execute it online successfully within 24 hours. ONLYTM INDIA LLP has been helping a considerable number of start-up business organizations file an application and obtain trademark registration in India. Any business interested in getting a trademark registered and establishing a unique brand identity can feel free to get in touch with us.
You need to sign, scan, and mail the set of necessary documents to us so that we get the right to file the application for trademark registration on your behalf. Upon receiving the letter authorized by you, we begin preparing requisite documents, file trademark applications online, and make the necessary payment as well. Within a few days, you will receive the confirmation of your filed application and gain the right to use the registered trademark symbol.
The essential documents you need to provide while filing an application for trademark registration are mentioned below:
We are committed to performing our duty with utmost perfection and which is why we conduct rigorous checking on the logo or brand name to ensure that the same isn’t registered under any other business enterprise’s name. You can proceed and register a trademark only when no other identical mark exists, and your one is unique.
While you file a trademark application for registration, it is essential to apply it under the right classification of classes. We are here to help you choose the accurate class under which you are required to get your trademark registered. Under 45 distinct classes, foods and services are included and organized by the Trademark Registry.
The moment after a business file an application for trademark registration, it can begin using the TM symbol along with its brand. This symbol is not an indication of registration.
After the approval of the trademark application and completion of the registration of the trademark, a business is eligible for using this particular symbol. A business needs to wait patiently for eight to ten months to complete the entire trademark registration process.
Get your trademark registered now!
The very first step of a trademark registration process is a trademark search. Our responsibility is to provide complete assistance and help you find a similar or identical trademark under the same class by utilizing a productive trademark search tool. Due to the online trademark application filing option’s availability, no more you need to visit the Trademark registry office. One of our highly experienced attorneys can apply for trademark registration on behalf of you and help you get your trademark registered quickly.
You will receive a trademark application number within one or a couple of days after you file an application for trademark registration. Tracking the application is possible online via the online trademark search option. A business owner can start using the trademark symbol alongside its brand name after obtaining the allotment number.
One of the critical steps in the trademark application process is Vienna Codification. After filing the application form, a business receives the Vienna Codification, an international classification. At such a point, the trademark application for registration is regarded as –‘sent for Vienna Codification.’
After the completion of the Vienna codification, the trademark application for registration is allotted to a designated officer in the Trademark registry office. After reviewing the trademark application thoroughly to ensure that it is error-free, the trademark officer issues a trademark examination report. The officer has the right to accept the trademark application and allow for journal publication or reject the same as per his or her preference.
The trademark applicant or the proprietor has the legal right to appear before the officer and address if the Trademark Officer rejects the trademark registration application. An applicant needs to come up with valid justifications and convince the trademark officer to allow for the publication of the trademark journal. An applicant can appeal the decision of the officer before the Intellectual Property Appellate Board (IPAB) only if the trademark examiner does not get convinced with the justifications.
A proposed trademark gets published in the trademark journal only if the Trademark registrar accepts the trademark application for registration. Every week, the trademark journal gets published and consists of all the registrar-approved and accepted trademarks. Businesses that feel they could experience issues later due to the presence of a specific registered trademark are eligible to file their objection. If there isn’t any objection from the public within 3 months from the journal’s published date, a trademark gets registered.
If the trademark registration application is challenged by a third-party, the trademark officer will call for a hearing. The court gives an equal and fair opportunity to both the trademark applicant and the opposing party to provide valid justification to register or reject the trademark application. The hearing officer takes the final call on whether to accept or reject an application based on the justifications and evidence. Both parties can challenge the officer’s decision and take it to the Intellectual Property Appellate Board.
The preparation for the trademark manuscript and registration certificate begins if there isn’t any opposition or objection to a trademark application for registration. The moment the trademark registration certificate is issued to the trademark owner, he gets the authorization for the exclusive use of the trademark anywhere in the country. The owner can now continue using the registered trademark symbol alongside the brand name or logo.
ONLYTM INDIA LLP provides a complete package of solutions for the protection of a trademark of business in India. You can contact us if you seek consultation on trademark protection before filing the trademark application or post application filing.
Trademark Search
We facilitate business organizations to carry out a trademark search before filing a trademark application for registration. According to the Trade Marks Act, registration of an identical or similar trademark is not encouraged and executed. Determining an identical trademark is easier from a trademark search.
Trademark Objection
A trademark officer or examiner has the authority to reject or object a trademark application for registration. A trademark applicant has the right to submit a reply to the objection raised with substantial evidence that corroborates trademark registration. Depending on the justifications, the officer can allow the proceeding of trademark filing, call for hearing or reject the application.
Trademark Opposition
Before registering a trademark, in the Trademark Journal, the Trademark Registrar publishes all trademarks that are going to get registered. It waits for 90 days for anyone to raise an objection or opposition. We can come to your significant rescue in helping you file an application opposing registration of any other similar or identical trademark published in the Trademark Journal or manage trademark application seamlessly.
Under 45 sectors, where each sector is a class, the Trademark Registry has classified products and services. Mentioning the class/classes of the trademark that products/services represent is imperative while filing the trademark application for registration. A trademark, more or less, gets registered under the classes only.
If the trademark, which you want to get registered for giving a unique identity to your brand, hurts religious sentiments, identical to an existing mark, consists of typical words or geographical names, likely to face rejection.
If you know that your business’s trademark is unique, it is more likely to get registered. However, the final judgment or decision is taken by the Government.
You won’t get your word registered if another business entity has a similar word already registered as a trademark.
Only after the approval and final registration of the trademark by the Controller General of Patents Designs and Trademarks, a business owner can use the ® mark next to the brand name or logo.
On filing the application for trademark registration successfully, you receive a confirmation, and that is what gives you the right to start using the ™ Symbol.
You can choose any name, words, symbol, numeral, label, colour combined, and represented in a graphical manner that can be registered as a trademark.
Any trademark registered in India has its validity only in this country and not in foreign lands. Still, few countries use trademark application filing in India to register the trademark in their nation.
Yes, a person or entity belonging to a foreign country is eligible to file a trademark application in India.
It takes more than six to twenty-four months for the Trademark Registry to execute their formalities and provide registration for a unique trademark.
If the trademark examiner raises an objection to the application and if there is no response to the objection notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
