Trade Mark / Brand registration

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What is Trade Mark / Brand registration?

Trademark registration is also called Brand registration. A person claiming to be proprietor of trademark or Brand which is proposed to be used by him, may apply for registration of such trademark or brand name. After registration of such trademark or brand the proprietor becomes the legal owner of such trademark or Brand Name.

What do you mean by Trade Mark / Brand?

Trademark or Brand may be defined as word, Mark, symbol, Name, signature, labels, Numerals or combination of colors used by one entity on its goods or services or other article of commerce to distinguishes it from other similar goods or services origination from a different entity.

What is the legal requirement for registration of a trademark?

Following are the legal requirement for registration of a trademark.

The selected mark should be capable of being represented graphically (That is in the paper form)
It should be capable to distinguish goods or service of one undertaking from others.
It should be used or proposed to be used mark in relation to good or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some persons have the right to use the mark with or without identity of that person.

What is the registration process of Trademark / Brand Name?

A person who is claiming the proprietor of a trademark/Brand or a trademark proposed to be used by him, will make an application in prescribed manner in writing. Such 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 along with the other documents.

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What are the documents required for trademark registration?

Following documents are required for trademark registration.

Pan No. of Company or Firm
Pan No and Aadhar of proprietor or authorized representative
Trademark details (E.g. Logo, Name, Mark, symbol)
Power of attorney
Other documents.

What are the types of Trademark which can be registered in India?

Following are the different type of trademark which can be registered in India.

Any Name (including personal or surname of the applicant or predecessor in business or the signature of person), which is not unusual for trade to adopt as a mark.
An invented word or any arbitrary dictionary word or mark, not directly descriptive of the character or quality of the goods/ services.
Letters or numerals or any combination thereof
Device, including fancy device or symbols.
Monograms
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
Marks constituting a three-dimensional sing.
Sound marks when represented in conventional notation or described in words by graphically represented.

What is the registration fee of trademark?

Following are the registration fee for trademark.

Nature of Entit	Registration fee (offline)	Registration fee(online)
Individual/Start-up/ Small enterprises	Rs.5000	Rs.4500
In Other cases	Rs.10000	Rs.9000

Note: – Fee is for each class and for each mark

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What is the benefit of Trademark registration?

A registered Trademark can create, established and protect the goodwill of goods and service of a registered proprietor of trademark. A registered proprietor can stop other entity from unlawful use of his trademark and sue for damage ‘if any” resulted from unlawful use and it can secure destruction of infringing goods and or labels.

How can we help you?

We assist the persons in obtaining Trademark registration by providing specialized services. We have expert team that deal with these matters and provide proper guidance to our clients without manipulating the facts and make ensure to deliver the certificate and license within the reasonable time period.