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Trademark Registration

Trademark registration involves applying to protect a unique symbol, word, or combination thereof that distinguishes one’s goods or services. The process includes submitting an application with a description of the mark and its intended use. After examination for eligibility and potential conflicts, if approved, the mark is published for opposition. Successful registration grants exclusive rights to use the mark, enabling legal action against infringement and indicating official status with the ® symbol. Registered trademarks can enhance business value and open licensing opportunities. It’s important to register trademarks in relevant jurisdictions for effective protection. Overall, trademark registration safeguards intellectual property, supports fair competition, and builds consumer trust.

Here's an overview of the key types of trademarks one can register

Product Trademarks

These are used to distinguish goods or products from one entity to another. They can be a combination of words, symbols, designs, or logos. Examples include the emblem of a renowned tech company or the distinct checkmark of a famous sportswear brand.

Service Trademarks

Similar to product trademarks, but specifically for services. Ideal for sectors like IT consultancy, hospitality, or entertainment. Examples include the iconic golden arches of a global fast-food chain or the distinct symbol of a popular streaming service.

Collective Trademarks

These are utilized by organizations or collectives to indicate goods or services offered by members of the group. They are indicative of a collective standard or reputation. Examples include symbols used by fair trade organizations or quality assurance marks used in the wool industry.

Certification Trademarks

Granted by certifying authorities to signify that products or services meet certain standards. They instill consumer confidence and support industry-wide fair practices. Examples include standardization marks used by national standards bodies or marks used by agricultural product quality assurance organizations.

Shape Trademarks

These protect the unique three-dimensional configuration of products or their packaging. Relevant for brands that have products with a unique shape or design. Examples include the distinctive shape of a famous beverage bottle or the unique packaging of a well-known chocolate brand.

Begin Your Trademark Registration Journey with ProtectMyBrand.in

Comprehensive Trademark Analysis

Provide us with your desired trademark and your business sector, and our specialists will meticulously examine the trademark database. This crucial step ascertains the uniqueness of your mark and its availability for registration.

Class Determination and Preparation of Documentation

Identifying the right class for your trademark is pivotal. Our seasoned professionals will assist you in selecting classes that encapsulate all dimensions of your enterprise. Concurrently, you'll be able to upload the required documents through your personalized dashboard on our portal.

Submission of Your Trademark Application

Upon receipt of the required documents, we'll meticulously review and submit your trademark application, ensuring accuracy. Stay updated on its progress with regular communications from us. Upon submission, you can utilize the ™ symbol to signify your trademark status.

Responding to Trademark Objections

 At times, the trademark examination process may raise queries. Should you receive an objection notice, you're required to respond within 30 days. Our experts are on hand to formulate a robust reply, helping you assemble and present the necessary documentation and evidence.

Overcoming Trademark Oppositions

Occasionally, external parties may challenge your trademark application. If faced with opposition, you must submit a counter-statement to the Registrar within two months, articulating the grounds for your application's validity. Your response will determine the Registrar's decision to either overrule the opposition or proceed to a hearing.

Documents Required for Trademark Filing

Signed Form-48

Identification proof of the signatory

Address proof of the signatory

Business proof (depends on the type of business)

Udyog Aadhar/MSME registration certificate (optional).

Timeline for Trademark Registration in India

Registering a trademark in India is a multi-step process, each with its timeline. Below is a general overview of the time frames associated with each stage. However, please keep in mind that this is a typical timeline, and the actual time taken may differ based on the specifics of your application and any possible objections or complications that may arise.

Filing of Trademark Application

The trademark registration process begins with filing an online application in Form TM-M with the Registrar of Trademarks. We will file your trademark application within 24 hours upon receipt of the necessary documents.

Examination of Trademark & Reply Filing

Trademark applications undergo a review process, also known as “Examination” that usually lasts 1-3 months. If there are any objections, the applicant will be notified through an Examination Report and must respond within 30 days.

Show Cause Hearing & Publication

If the examiner is not satisfied with the written reply to the examination report, then the examiner will fix a show cause hearing. After the satisfaction of the examiner, the trademark is published in TM Journal, which remains open for public opposition for 3 months.

Registration of The Trademark

After a waiting period of three months from the publication, and in the absence of opposition from the public, the Registrar of Trademarks issues a Certificate of Trademark Registration which remains valid for a period of ten years.