Trademark Registration helps in establishing a long term image of the company in the minds of customers. Trademarks leave a lasting impression & peoples tend to remember a diagrammatic image or logo for a longer duration as compared to the name of the company.
Online Trademark registration process is regulated under the rules and regulation specified Trademarks act, 1999. It also gives your product a legal representation, uniqueness from competitors, helps in creating a brand value. This unique identification is given in the form of a certain word, logo, symbol, character, numerals or a combination of these.
Following documents are mandatory to get trademark registration certificate:
TM owner requires presenting their identity proof. Some of the documents for this purpose are Aadhar Card, Driving License, Passport, Ration card or Voter’s ID.
Name of the brand for which you are applying trademark logo registration.
Self-attested affidavit will give the authorisation to use of your personal data.
To get a substantial rebate on government fee a partnership firm/body corporate can submit a certificate of registration under MSME or Startup India.
Form for authorisation of an agent.
WHAT CANNOT BE TRADEMARKED IN INDIA
Section (9) of the trademarks act, 1999 devoid certain categories from trademark registration are:
• Distinctive identity of the product is lost and it is difficult to distinguish it from other products.
• Nature of the product deceives the public at large.
• Prohibition under emblems & name act, 1950.
• Religious sentiments of any class are hurt.
TM denotes trademark. In India TM is used for an unregistered trademark to promote the brand. One cannot use the symbol R, unless it is registered.
SM denotes service mark. Symbol for unregistered trademark, particularly used for service, Like TM for goods and SM for service.
R is used for registered trademark. Registered trademark deter imitators, it also provides you with a benefit of ownership in courts. You are fully protected if you have registered trademark.
In India for trademark registration, CAONWEB is one of the top consultants which has registered thousands of trademark in India
Advantages related with trademark registration are discussed below
Online TM Registration process broadly involves the following steps.
1. Prepare a list of prospective names that would represent your brand.
2. Supporting documents to be submitted with the trademark application form.
3. Filing an application for trademark registration. There are two ways for making an application-
a. Offline mode: you will have to personally move an application to the registrar office of trademarks in major cities such as New Delhi, Kolkata, Mumbai, and Chennai. It will take around 15-20 days for you to receive the acknowledgment receipt.
b. Online mode: Here in E-registration mode, you will receive the acknowledgment receipt instantly. Once you have received the receipt you can use the “TM” symbol beside your brand name.
4. An application for trademark registration shall be made in Form TM-A & shall be signed either by the applicant or his agent.
5. Examination of trademark registration application: Once you have applied and you have sent the application to the registrar, now he will examine whether you have followed certain conditions that you need to comply with or not.
6. Trademark registration certificate: If there is no opposition from anyone within the stipulated time period of 90 days, then the registrar will accept your application and subsequently your trademark certificate will be issued.
Section 25 of Trademarks act, 1999 states that the registration of a trademark shall be for a period of 10 years from the date on which the trademark certificate is issued and it can be renewed from time to time in accordance with the provisions mentioned under this section.
Trademark registration fees are very nominal which is prescribed by the government but there are expert consultancy fees attached with it. You can find best chartered accountant services online in your area to get most reliable trademark registration advice.
- One can download their TM Registration certificate by login to the Trade Mark registry website.
- Fill in the details & mention the track ID of trademark registration.
- Download the trademark registration certificate online.
Proof of Applicant: The trademark owner or the person who is approved by the trademark owner requires presenting their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card or Voter’s ID.
Brand Name & Logo: Must contain the name of the brand for which you are applying TM Registration.
Affidavit: One should submit the affidavit; it will give the authorisation for use of personal data.
MSME / Start-up Recognition: To get a substantial rebate on government fee a partnership firm/body corporate can submit a certificate of registration under MSME or Startup India.
Signed Form TM – 48: Form for authorisation of an agent.
PAN Card and Address Proof of Applicant
chemicals used in photography, forestry, unprocessed artificial resins, Tanning & adhesive substances
Paintings, coals & pigmentation, lacquers, printing & art
Bleach, Cleaning products, cosmetics & laundry products
Fuels, illuminates, industrial oil, greases , wetting & binding compositions
Pharmaceuticals, veterinary products, dietetic, dental wax & disinfectants
Metal castings, hardware, common metal and their alloys, building material (metal), other metals which are not included in any other class
Machine & machine parts
Implements (hand tools, cutlery & razors)
Cash registers, calculating machines & magnetic data carriers
Surgical, medical and dental apparatus, artificial limbs & eyes teeth
Apparatus for heating, lighting, steam generating, cooking, refrigerating & dying
Apparatus for locomotion by land, water, and air.
Ammunition, firearms, explosives, fireworks
Precious metal & their alloys, products in precious metals & jewellery
Cardboard, paper, and goods made from these materials, print matter, bookbinding, paint brushes, playing cards, printing blocks
Rubber, gum, asbestos, mica, and goods made from related material.
Leather/Leather products and its articles
Non–metallic rigid pipes for buildings, asphalt, pitch & bitumen
Mirrors, Picture frames , Furniture of wood, cork, reed & cane
Household utensils, brush making material, articles for cleaning purposes etc.
Fibrous textile materials such as Nets, ropes, strings, sails, sacks and bags
Yams and threads for textile uses.
Textile and textile goods (not included in the other classes).
Clothing & footwear and headgear.
Class 26 & 27
Non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors.
Game & playthings, and other sporting items.
Poultry related items; eggs etc. oils and edible oils.
Coffee, tea, sugar, cocoa, rice, tapioca, spices
Horticulture, agriculture and forestry grains (not included in any other class). Fresh fruits & vegetables, seeds and malt.
Aerated drinks, beer, non-alcoholic drinks
All alcoholic beverages (excluding beer)
Matches, smoker’s articles, tobacco
Advertising Business Activity
Insurance & Financial services
Construction & Repair service
Transportation & storage
Education & Entertainment
Any scientific and technological services OR Research & development of any computer hardware or software OR any legal services.
Personal OR Social service.
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