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A trademark is a type of intellectual property that differentiates a product or service from other competitors in the market.
Establishing a brand name takes lot of time, effort, and wealth. Therefore, you need to make sure that you own the right to use something that gives you a unique identity, such as brand logos, slogans, product shapes and packaging, sounds, scents, colour combinations, etc.
The Trademark Act, 1999 allows the applicant to register a trademark in India. It grants exclusive ownership and prohibits others from using the mark, in favour of the registered trademark owner.
Once the trademark is registered, the "TM" symbol can be utilised by the applicant. Trademark registration in India is essential to protect the brand name. It is usually best to apply for trademark registration under the supervision of an expert, as the process involves multiple steps and requires continuous government oversight.
Trademark registration is often used to protect proprietary trademarks, slogans, or invented terms. Individuals, businesses, and non-profits can all apply for trademark registration in India. However, each class of individual or group has its own requirements for trademark applications. In India, the following persons are subject to trademark registration.
Even those who are not in business can apply for a trademark and obtain trademark registration for symbols and words that will be used by the applicant in the future.
Company Joint-owners may jointly apply for a trademark and both names must be included in the application.
Sole Proprietorship can register trademarks in the name of the owner, but not for business names. If you include the owner’s name and business name in your application, these details will be considered separately.
Partnership company When registering a trademark, the partnership must include all the names of partners with up to ten members in the application. If you have a minor partner, you must provide the name of the minor's representative.
For LLPs, the application should be made in the name of the LLP. This is a registrar where partners have their own identity. The brand is owned by the LLP, so partners cannot be registrants.
Indian companies, whether limited liability companies, limited liability companies, or any other form, must file a trademark application on their behalf. Please note that each registered entity has its own identity, so a director of a company cannot be a trademark applicant.
If a foreign registered entity applies for a trademark in India, the application must be made under the name of the company registered abroad. All registration types, countries and laws must be listed here.
When filing a trademark application on behalf of a trust or Society, a managing trustee, chairman or secretary representing the trust or society must be appointed.
Marks that can be registered include product, service, collective, certification, shape, sound, and pattern marks. Even though there are different brands, they have the same goals. It is about allowing consumers to identify the products and services of a particular manufacturer or service provider. Let us look at the different types of trademark registrations available in India.
A product mark is applied to a good or product. Product labels help identify the origin of products as well as preserve the reputation of the company. Trademark applications filed under trademark 1-34 can be classified as trademarks.
A service mark is applied to identify a service rather than a product. The main purpose of a service mark is to help distinguish the owner from the owner of other similar services. Trademark applications are filed in trademark classes 35-45, which can be considered service marks because they represent services.
Collective marks inform the public about the unique characteristics of goods and services used to represent a group. This sign can be used by a group of people to protect general goods and services. The trademark owner can be an association, a public organization, or a Section 8 corporation.
It is an owner-issued mark indicating the origin, substance, quality, or other specific data of a product. The main purpose of certification is to set the standard of the product and to provide the buyer with assurance that the product has passed the standard tests to ensure quality. Certification marks can be seen on packaged goods, toys, and electronic equipment.
Shape marks are used exclusively to secure the shape of a product so that customers associate that product with a particular manufacturer and choose to purchase it. Once it is determined that the product has a special shape, the shape can be registered.
Pattern marks are for products with a specifically designed pattern used as a distinguishing feature of the product. Samples that did not stand out as outstanding were disqualified. The pattern mark must be prominent to be registered.
Sound marks are sounds that can be linked to products or services manufactured by a particular supplier. The sound logo, also known as audio mnemonics, appears at the beginningand end of commercials. The most popular sound mark in India is the IPL melody.
Intellectual property includes trademarks, copyrights, and patents. Intellectual property of all kinds is diverse but often confusing. Trademarks are the exclusive right to certain words, symbols, designs, symbols, or devices used in the transaction of goods or services. There are many types of brands available in India. The Copyright protection extends to the original work, including both published and unpublished works. A patent offers the inventor the exclusive right to protect their invention for a limited period of time.
Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL).
Latest Bank statement or Utility bill in the name of the applicant and should not be older than two months.
A soft copy of trademark to be registered.
if the applicant is registered with MSME.
To authorise us to file Trademark application on their behalf.
In case of the Company, Board Resolution is required for trademark application.
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