Apply for Trademark Registration

Trademark

Trademark is available in terms of names, symbols, devices, or words that will be used to maintain the connection with goods and services. Technically, if any mark is correlated with a service, it is called a service mark. However, the trademark is used for both goods as well as for services. The reason why a trademark allows companies to indicate the source of their goods is to differentiate them from others in the market.

Information and Documentation required in a trademark registration application

The applicant’s name and address

The state or country of incorporation

A description and representation of the trademark;

A list of the relevant goods or services

The power of attorney

The dates of first use

If use is claimed, an affidavit of use and documentary evidence must be filed electronically;

A statement of intention to use;

A priority claim and documents

Where priority of an earlier application is claimed; and
if the applicant is not domiciled in this jurisdiction, a local service address must be provided.

Rules govern the representation of the mark in the application

Rule 26 of the Trademark Rules 2017 governs the representation of the mark in the application. It states that:
“Every application for the registration of a trademark, shall contain a clear and legible representation of the trademark of size not exceeding 8 cm x 8 cm. Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as a distinctive feature of the trademark, the application shall be accompanied with reproduction of the trademark in that combination of colours.”

Factors that the authority consider in its examination of the application

Absolute grounds Section 9 of the Trademarks Act

Point - 1

The trademark is devoid of any distinctive character –That is, it is incapable of distinguishing the goods or services of one party from those of another.

Point - 2

The mark consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or time of production of the goods or rendering of the service or other characteristics of the goods or service

Point - 3

The mark consists exclusively of marks or indications which have become customary in the language or established practices of the trade.

Point - 4

The mark is of such nature as to deceive the public or cause confusion.

Point - 5

The mark comprises of material likely to hurt the religious susceptibilities of a class or section of Indian citizens.

Point - 6

The mark comprises or contains scandalous or obscene matter.

Point - 7

Use of the mark is prohibited under the Emblems and Names (Prevention of Improper Use) Act 1950.

Point - 8

The mark consists exclusively of:

  • the shape of goods which results from the nature of the goods themselves;
  • the shape of goods which is necessary to obtain a technical result; or
  • the shape which gives substantial value to the goods.

However, a trademark which may initially be refused on absolute grounds can be registered if it acquires a distinctive character or secondary significance as a result of extensive and continuous use.

Relative grounds Section 11 of the Trademarks Act

Point - 1

A mark cannot be registered if there is a likelihood of confusion due to:

  • its identity with an earlier mark for similar goods or services;
  • its similarity to an earlier mark for identical or similar goods or services.

Point - 2

A mark cannot be registered if it is identical or similar to an earlier trademark and is to be registered in the name of a different owner for goods or services which are different from those for which the earlier mark is registered if the earlier mark is a well-known mark in India.

Point - 3

A mark cannot be registered if its use in India is liable to be prevented by virtue of any law.

Expert Assisted Trademark By TaxSUPERMAN

Trademark Registration (Company)

  • Online Filing of ONE trademark application
  • Documented Follow-up
  • Includes government fees upto Rs. 9000

Trademark Registration (Individual)

  • Online Filing of trademark application
  • Documented Follow-up
  • Includes government fees upto Rs. 4500

MSME Compliance Trademark Registration

  • MSME registration
  • Online Filing of trademark application
  • Documented Follow-up
  • Includes government fees upto Rs. 4500

Trademark with Logo Designers (Individual)

  • Designing your logo through services of our onboarded logo designer
  • Online Filing of trademark application
  • Drafting of Form TM-A
  • Advice on trademark classification
  • Documented Follow-up
  • Business hours Support

Trademark with Logo Designers (Company)

  • Designing your logo through services of our onboarded logo designer
  • Online Filing of trademark application
  • Drafting of Form TM-A
  • Advice on trademark classification
  • Documented Follow-up
  • Business hours Support

Trademark Renewal (Individual)

  • Online Filing of trademark renewal application
  • Drafting of renewal form
  • Documented Follow-up
  • Business hours Support

Trademark Renewal (Company)

  • Online Filing of trademark renewal application
  • Drafting of renewal form
  • Documented Follow-up
  • Business hours Support

Trademark Objection Management

  • Response to 1 Objection of 1 Class of Trademark
  • Documented Follow-up

Trademark Registration & Objection Management (Individual)

  • Online Filing of trademark application
  • Documented Follow-up
  • Includes government fees upto Rs. 4500

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FAQ

Trademark is very beneficial for business owners, it gives the right to owners to use the mark and stop others from using the same mark.

This “®” symbol is assigned to federal registration and can be used After the USPTO register this mark. Additionally, you can only be used this symbol when goods and services are listed in the federal trademark application.

If you want to register your trademark, go online portal trademark electronic application system (TEAS):

  • Applicant’s full name
  • Valid ID, Address proof.
  • A drawing of the mark.
  • List of goods or services that you want to associate with mark.
  • Filing fees.

When you fill your form online with TEAS, now you will need to submit an image of a specimen in jpg Format.

If you have any queries related to trademarks or filing federal trademarks you can contact with an experienced trademark attorney in your local area.

Yes. Multi-class trademark applications are allowed in India.

Where a person who has applied to register a trademark in a convention country applies to register a trademark in India within six months of the date on which the application was made in the convention country, if accepted, the registration of the Indian trademark will be backdated to the date on which the application was made in the convention country.

For a straightforward application, the usual time frame from filing to registration is 10 to 12 months.

In India, the term of protection for a trademark is 10 years from the date of application, renewable every 10 years on payment of the requisite fee.

If a mark is refused, Section 91 of the Trademarks Act states that an appeal must be filed with the Intellectual Property Appellate Board within three months of the order of refusal.

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