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Trademark Registration

A trademark is a visual symbol that can be a word, name, number, label, color combination, etc. used by a business to distinguish its services or products from other same goods or services which are made in a different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and give the trademark owner, the power to sue for losses when infringements of trademarks happen. Registered trademarks are the intellectual property of a business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registered if it is unique for the products and services you give.

Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registerable, if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.

Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time period of another 10 years.

Documents needed for Trademark Registration

Before preparation of the documents, it’s important to get an authorization letter that is appropriately signed by you because it enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents which are required, to apply online. Soon, you will receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you are required to provide are as follows:

  • Proof of Applicant
  • PAN Card and Address Proof of Applicant
  • Certificate of registration (other than an Individual applicant)
  • Brand Name & Logo
  • User Affidavit
  • Proof of TM Use
  • MSME / Start-up Recognition
  • Signed Form TM – 48

Notes

  • Identity and business proofs: The trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card, or Voter’s ID.
  • Using Logo with Tagline: If a trademark application is prepared for a tagline with only words, then there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
  • Brand Name & Logo: The logo must have the brand name applied for trademark registration.
  • User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
  • Proof of TM use: To demand specific user date, documentary proof like invoices, registration certificates, etc with the brand name must be given.
  • MSME or Start-up Recognition: A partnership firm, body corporates can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
  • Signed Form TM – 48: TM-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by “LegalRaasta” professionals for the signature.