In this article, we will discuss about the following points
1. What is a trademark?
2. Who has authority to provide Trademark?
3. What can be applied as Trademark?
4. Who can apply for trademark?
5. Documents required for registration
6. Trademark symbols and their uses:
7. Validity of trademark registration:
8. Steps to register your trademark:
1. What is a trademark?
A trademark can be characterized as the one of a kind personality that makes your item or administration stand apart from the rest. The special character or articulation can be a logo, photo, trademark, word, sound, smell, shading mix or illustrations. A large portion of the organizations typically search for enrollment of logo or name as it were.
On the off chance that you have thought of an interesting thought or logo, at that point the best way to secure it as your own one of a kind character is to trademark it.
An enrolled trademark is your business' licensed innovation or impalpable resource. It goes about as a defensive front of the organization's venture made in the logo or brand.
2. Who has authority to provide Trademark?
In India, trademarks are enrolled by the Controller General of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India.
You can enroll the trademark under the demonstration named, The Trademark Act, 1999.
The enrollment gives the option to sue against other people who attempt to duplicate your trademark.
Additionally, nobody else can utilize a comparative trademark to the one enlisted by someone else. When you register a trademark, you can utilize a “R” image alongside it, and it will be valid till 10 years from the date of enrollment. You can undoubtedly get a “TM” as soon as you will file the application. To get a “R” , it takes as long as 2 years. On the off chance that the trademark enlistment is approaching expiry date, you can generally get it re-enrolled for an additional ten years.
3. What can be applied as Trademark?
As per the trademark rules of India, things like sound, logo, words, phrases, hues, pictures, images, initials or a combination of all these can be trademarked. These oughts to be made use to make your business stand apart from the rest.
4. Who can apply for trademark?
A trademark application should be possible by private firms, people, organizations, LLP's, or NGO's. On account of NGOs, LLP's or organizations, the trademark must be applied for enlistment for the sake of the concerned business.
5. Documents required for registration:
While applying for the trademark enlistment, the documents you have to give are as per the following:
· Candidate's name
· Business type
· Business targets
· Brand/logo/motto name
· Enrollment address
· Character And Business Proofs
· Logo With Tagline
· Form number 48
6. Trademark symbols and their uses:
· R Symbol - You get the R image when you completed the registration process of the trademark. This image shields the trademark from getting duplicated by others.
· TM Symbol - This image is for unregistered trademarks. It cautions others from duplicating your logo, name or image. It doesn't give you copyright insurance, and others can utilize your logo or name in the event that your application gets dismissed.
· C Symbol - The C image represents substance which don't have any copyright issues. The image is obligatory in numerous nations for copyright claims.
· SM Symbol - The administration business utilizes this image. The image is appropriate for classes from 35 to 45. It is additionally not ensured insurance against copyright issues. This can be used in replace of TM symbol for service classes 35-45.
7. Validity of trademark registration:
An enlisted trademark has a time of legitimacy that stretches as long as 10 years before it must be renew once more. Be that as it may, the restoration procedure might be started distinctly inside one year before the expiry of the enrolled trademark. On the off chance that one neglects to do as such, the trademark will be expelled. Indeed, even on expulsion, the trademark can be reestablished through what is known as reclamation of the trademark in the recommended structure.
8. Steps to register your trademark:
Step 1: Surf web for a brand name that is different and catchy
This is just a short and most ideal path for any newcomer to get a name, the name should be trending, and a fascinating brand name. Getting a brand name that is wacky and simple will not be a sensible move since the vast majority of the conventional names would as of now be in somebody's grasp. Besides, focusing in on a specific name requires a extensive research procedure to guarantee yourself that you are not picking a brand name that is as of now being used and also makes sense for your business. The best part here is that you can develop few words with a blend of nonexclusive words to make a one of a kind brand name for yourself.
Example: “etaxsupport” It is a combination of electronic + tax + support which makes it unique.
If you have thought of a name and want to check if it is available or not, the name can be checked on the following website which is a government website: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Stage 2: Preparing a trademark application
The accompanying supporting documents along with the application must be submitted for online trademark enlistment: - Business Registration Proof: based on your enrolled business (for eg: sole ownership, etc), a personal proof of the organization’s owners and an address proof must be submitted.
If the firm is sole ownership business, id evidence of the owner viz. PAN card, Aadhar card could be submitted. Though, on account of organizations, the location verification of the organization should be submitted.
For filling the form online go to https://ipindiaonline.gov.in/
Also, you will have to pay the following fees
o Government fee of Rs.4,500/- will be applicable after filling the TM application for individual, MSME’s or startup’s
o For trademark registration, you need to pay Rs. 9,000/- as Government fees (i.e. for other than mentioned above).
Stage 3: Filing the use of brand name and enlisting it
Manual Filing and e-documenting are the two distinct ways for recording the registration. If you pick 'manual recording' at that point you need to actually move and handover your application for the enlistment to the Registrar Office of Trade Marks arranged in the significant urban areas of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai.
From that point onward, you need to hang tight for at any rate 15 - 20 days to get the receipt of the acknowledgment. But on account of an e-documenting framework, you will get your receipt of affirmation immediately on the administration site. Once in the end of accepting your affirmation, you are qualified to utilize your Trade Mark (TM) image alongside your image name.
Also, if there is a dismissal due to non-endorsement of the name, the candidate will get another opportunity of applying for a similar form structure with no further charges. It implies you get two odds of documenting a similar structure with no additional charge of paying Rs. 1000/ - both the occasions.
If there should be an occurrence of inability to get the name selected in the second go, you can record the form structure again without any preparation. This will any day end up being less expensive than deciding on the primary choice. The entire procedure including name endorsement and joining takes around 2-3 days.
Stage 4: Examining the application of the brand name application by the registrar
When the application is submitted, the Registrar will look at whether you have followed certain terms that your image name agrees to, the current law. In addition, there ought not to be any misunderstandings among any current or pending brand names for the enrollment.
Stage 5: Application Status
When you have gotten the affirmation of the documenting of the application you will get an application number. You can check the advancement of the application online with this allocation number. On the off chance that there is an issue, at that point this may take longer.
Records are organized by the documenting date, accordingly the more it takes the greater need your application gets. The other advantage about documenting the application is that regardless of whether it hasn't been affirmed you can utilize the TM image close to your imprint, when you have gotten your application number.
Check the application status on https://ipindiaonline.gov.in/eregister/eregister.aspx
Stage 6: Publication of your image in the Indian Trade Mark Journals
After the procedure of assessment, the registrar will distribute your image name in the Indian Trade Mark Journal. This is absolutely the most significant piece of the trademark enlistment and there ought not to be by any restriction inside 3 months (for example 90 days) or 120 days, now and again, from the date of distribution. At that point your image name is continuing towards the acknowledgment.
Stage 7: The trademark enlistment
The Registrar will acknowledge your trademark application if there's no restriction being raised inside the specified time of 90 days of publication. Amazing! Furthermore, this will be the most joyful second for you as the Registrar gives the Registration Certificate with the Trademark Registry seal.
Directly from the second you have been given with your declaration; you can utilize the enrolled trademark image (®) close to your image name. Thus, with this blog entry, we feel that even an apprentice can see about making a brand name and enlisting it effectively.
Stage 8: Registration Certificate of Trademark
When your trademark is endorsed the library will give you a trademark enrollment authentication. This will authoritatively affirm that your trademark has been enlisted and is currently ensured. The enrollment will be legitimate for a long time from the date of the recording of the application. After this period you can renew the trademark once more. Reestablishment should be possible uncertainly.