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TRADEMARK REGISTRATION IN INDIA

Right in Trademark arises with its first use. However, registration of the mark under Trademark Act is a prima-facie proof of ownership in the name of the applicant. We apply for the Trademark Registration in India within 24 hours at a very nominal professional fee of Rs. 2,000/-. However, the Government fee is Rs. 4,500/- for an ordinary application. The GST @ 18% comes out to be Rs. 360, thus total is 6860/-

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Trademark Registration

A trademark is a unique mark or sign that is used to represent a business trading in goods or services. It is used to distinctively identify a business from another and build its credibility among consumers. If one does not register brand name, logo or trademark then he/she can not stop an imitator from confusing the public by using same or similarly deceptive name or mark that results in financial and economic loss of a business in long term. Setindiabiz has a dedicated team of trademark registration specialists that helps in providing trademark registration, Logo registration and Brand Name registration services nationally and internationally as well.

Benefits of Trademark Registration

01
Registration of trademark confers exclusive right on the owner
02
It gives a unique identity to the brand, product or the business name
03
Trademark is considered as an intangible right, Value of which is shown as asset in A/C
04
Confers right to institute an Infringement Action suit against illegal use
05
Can Affix R smbol over the trademark, which act as deterrent to other from copying it

Process of Trademark Registration

01
Check if the mark is capable to be registered under the trademark law
02
Determine appropriate class in which the trademark is to be registered
03
Conduct a search in the database of TM office for same or similar trademark
04
Fill the trademark Questionnaire and Authorize our attorney to file application
05
Our trademark attorney shall file the trademark application with finalised specification

Documentation for TM Registration

01
Trademark Questionnaire to be filled with complete details
02
Trademark Authorisation Form to be signed and notarised on Rs. 100 non judicial stamp paper
03
Soft Copy of Logo or Device Mark in JPEG Format (Less than 2 mb)
04
In case of partnership firm being applicant, furnish details of all partners
05
In case the applicant is a society or trust then furnish details of all office bearers

Process of Trademark Registration

STEP 01
Trademark Search

Trade Mark register is open for public to inspect, nowadays it is available online at www.ipindia.gov.in . As the trademark registration can be done in several classes it is advisable to do a thorough search in all possible classes, we strongly recommend an attorney report for trademark search. Out trademark attorney report is priced at Rs. 3500/- per mark

 Trademark Search
STEP 02
Documentation for TM Filing

The TM application can be filed with our assistance, However we shall need a written authorization in prescribed format (Form – TM-M) this document is in the nature of power of attorney hence it should be printed on Rs. 100 non judicial stamp paper and should also be notarized.

Documentation for TM Filing
STEP 03
Filing of TM Application

The Partnership Agreement is the constitution of the firm which determines the relationship of partners among themselves as well as the relation of partners vis a vis firm. The agreement also lays down the methods of admitting a new partner or for removal of partner. The capital, Interest on Capital, Partners Salary, and profit sharing ratio are some of the predominant items in the agreement which need to be carefully drafted.

filing of TM Application
STEP 04
Review By TM Office

After the application is filed the applicant can start using TM mark over the trademark. Once the TM application is filed and a receipt is generated the application is categorized as a new application, the trademark department reviews the application and if found complete in all respect the application is marked for examination otherwise a clarification may be sought.

Review By TM Office
STEP 05
Trademark Examination

Examination of application is done by the examiners of TM and if found appropriate the application is advertised in trademark journal. However the application may be processed as objected either under absolute grounds for refusal and/or relative grounds for refusal as prescribed in The Trademarks Act, 1999. And an examination report is issued accordingly.

Trademark Examination
STEP 06
Registration Certificate

After three months of the publication of the trademark in the Trade Marks Journal, the application is processed provided there is no third party opposition to it. Trademarks Registry will accordingly issue a registration certificate. Term of Trademark Registration Trademark protection in India is perpetual subject to renewal of the registration after every 10 years.

Registration Certificate
 

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Find Trademark Class

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