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Trademark Registration
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Trademark Registration - An Overview
Trademark is a unique identification which differentiates your name, Product or services from that of others. It is an intangible form of an asset which adds the supreme value to the entity and categorised as Intangible Property. This creates a sense of confidence and Trust in the mind of customers. It provides you the ownership of the Trademark and provides the right to sue in case of infringement or improper use of the same. There are different classes for each of kind of products and services.
Sample Certificate
Register your Trademark
Requirements for Registration
- PAN Card - a copy of the Permanent Account Number Card is mandatory for the identity proof of the proprietor/partners/directors.
- Copy of Aadhaar Card/Voter Identity Card/Driving License of the proprietor/ partners/directors (any of the three identity cards is required).
- Image File of LOGO or Trademark sign to be registered.
- Power of Attorney: A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).
- MOA, AOA and COI of Company, if applicable.
- MSME Certificate.
Process of Trademark Registration
Trademark Availability
Plan and Decide the Trademark for which the application is to be made and search the availability of same in order to save the time and money as the similar Trademark may attract further litigation and Proceedings ahead.
Trademark Application
Once the availability is checked, the Trademark attorney prepares the draft application and the same is checked by the owner. The application is made online on https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx, now a days online application is more in trend, however physical application can also be submitted at the office along with the requisite fees.
Examination by Department
If the Department is satisfied with the Documents submitted and is of view that the Information given are in order and Documents are in order, it issues the Certificate of Incorporation Followed by E-Pan, E-Tan, ESIC and EPFO Registration.
Registration Certificate
It is usually give post the above steps are over, the registration certificate bears the common seal of the Trademark office.
Renewal of Trademark
The protection of trademark can be done in perpetuity, The Trademark can be renewed after every 10 (Ten) Years.
General Queries
The Trademark can be applied on any of the name either on individual or Company, whereas as per the trend the Founder of the start-up get the same registered on his or her name because of the uncertainty of the start-up.
The Government fees for Filing of Trademark are as follows:
- For Individual: 4500 INR
- For Company: 9000 INR (Although Start-ups Qualify 50% rebate on Govt. Fees)
Application for Trademark can be filed online or physically both , although online filing of application is in trend as cost of online application is less as compared to Physical application.
Yes, one may apply in more than one class but fees and application has to be paid and made separately.
The Trademark search can be done on https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx , Enter the word mark and class detail and click on search, Result will be displayed afterwards.
The protection of trademark can be done in perpetuity, The Trademark can be renewed after every 10 (Ten) Years.