Trademark

TRADEMARK

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    A product in the competitive business world may be identifiable through brand name and other unique aspects that make the particular product different from others. These range from logos to jingles and design of packaging. All these sum up to what we know as a trademark. This, in this digital age, is even more important to have one’s brand identity protected. Be it a new business venture that has innovative ideas, a already established business, or a sole entrepreneur who has brilliant ideas of a new product or a service, trademark registration online forms an important part of the process to establish that goods and services are unique and distinctive. We here at IndiaFilings believe that this is one of the most important things – brand name registration – in the current competitive market; what it basically means is that your products or services must stand out from the rest. That’s why we have the best professionals in charge to file your trademark. From dynamic startups to an established business, and from a person like you who wants to be an entrepreneur, our dedicated team will guide you through the complicated online trademark registration. Let IndiaFilings be your ally in the process of identity security of your brand and intellectual property. What is a Trademark? Trademark, according to Section 2(zb) of the Indian Trademarks Act of 1999, is a distinctive indicator, distinguishing one’s goods or services from others in the market. It may also connote symbols, designs, expressions, and any other identifiable feature attached to a brand. Of more interest is that trademarks are open to being owned by individuals, companies, or legal entities, thus making them open to all types of entities and individuals.”. Why Register Your Trademark? In India, registration of a trademark helps safeguard your rights of use of the mark in conjunction with your goods or services. It throws a robust protection against infringement, giving you every right to injunction and other relief to restrain others from using your trademark without due authorization. Once the trademark has registered successfully or the brand name, then the trademark shall remain valid for ten years from the date of filling in the application and renewable periodically till eternity. Who can apply for online trademark registration in India? Individuals Joint owners of a company Proprietorship firms Partnership firms with ten partners, as a maximum Limited Liability Partnerships (LLPs) Indian companies Foreign companies Trusts Societies This further translates that many different businesses and entities can protect their brand identities by seeking trademark or brand name registration online. Types of Trademark registrations in India In India, there exist a number of trademark registration online or brand name registrations to fulfill varied needs and purposes, all of which are designed to enable consumers to recognize products and services associated with a given manufacturer or service provider. It is in this regard that we here discuss the various differential categories of trademark registrations available: Product Mark This type of trademark is stamped on goods or products, and it is helpful in tracing their origin and saving a company’s reputation. Trademark applications that fall in classes 1-34 are grouped as product marks since these relate to real tangible merchandise. Service Mark Whereas the term product mark can be used to describe products and not physical products, the term service mark is synonymous with services and not physical products. Essentially, service marks identify service providers and distinguish them from other providers of like services. Trademarks, whose applications fall within classes 35-45, are considered mostly as service marks where services are rendered. Collective Mark A collective mark communicates some features of the products or services represented by a given group. It enables a body of individuals or an organization to collectively protect and trademark goods and/or services. The owner of the trademark can be an association, a public authority, or a Section 8 company. Certification Mark The owner issues such marks to denote information related to the origin of a product, its composition, quality, or other relevant data. Certification marks ascertain product standards and inform customers that the product meets standardized quality measures. They appear widely in packaged goods, toys, and electronics. Shape Mark Shape marks are developed to avoid the generic shape of a product being used by most manufacturers while making the product quite distinctive so that consumers can identify with a certain maker. This is based on such a shape being found to be distinctive. Pattern Mark Pattern marks are used for products that can be designed with specific patterns, which may be employed as distinctive features. For these to qualify for registration, they must be regarded as distinct and definitely identifiable. Sound Mark Sound marks are unique sounds identified with products or services from vendors. Sound logos also known as audio mnemonics are often used at the start of conclusion of commercials. One in India is the IPL tune. These diversified categories of trademark registrations like logo trademark registration give companies and entities the flexibility to protect their brand identity according to the unique offerings and presence in the market. Choosing the Right Trademark Class Trademark classes are an essential part of the registration process since products and services fall into 45 class categorizations. Before registering your trademark, you should choose the suitable class carefully since it determines the validity of your online trademark registration concerning your business’s product or service. If your company operates in many areas falling under different classes, it is quite essential to make sure that you get your trademark covered for all the related classes. Some of the most common classes opted for in trademark registration in India are: Class 9: Computer and electronic software Class 25: Apparatus Class 35: Advertising Class 41: Education and entertainment Trademark search Trademark search is imperative before the registering the trademark. It makes sure that your brand’s sanctity and individuality are maintained. Trademark search online serves this purpose. As an applicant will have to provide both the brand name along with the class associated with it under search. This minute search will allow you to track the existing trademarks in the market so that the conflict is analyzed beforehand, and this will finally guarantee protection for your brand. With the help of online trademark search services along with other support from IndiaFilings, this crucial process can be greatly managed and the right decisions made for trademark or brand name registration. Documents and Information Required for Online Trademark Registration For the initiation of the online trademark registration or brand name registration in India, you would need to give the following preliminary information: Applicant’s Name: The name of the individual, company, or the entity requesting the trademark registration. Business Type: Type of the business entity, for instance, sole proprietorship, partnership, private limited company, etc. Business Objectives: Brief description of business objectives or activities. Brand/Logo/Slogan Name: Clearly mention the name, logo or slogan that you plan to trademark. Registration Address: Provide the official address of the applicant seeking registration of trademark. Along with this information, you will have to provide the following documents to successfully conclude the procedure of online trademark registration, or logo trademark registration:
    Applicant Type Required Documents
    Individuals PAN card
    Aadhar card
    Proprietorship GST certificate
    PAN card
    Aadhar card
    Company Incorporation certificate
    Company PAN card
    MSME Certificate (if applicable)
    Logo (if applicable)
    Partnership Firms Partnership deed
    Partnership PAN card
    MSME registration certificate
    Logo (if applicable)
    Limited Liability Partnerships (LLPs) LLP deed
    Incorporation certificate
    LLP PAN card
    Logo (if applicable)
    Trusts Trust deed
    Trust PAN card
    Logo (if applicable)