Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered trademark. It provides them protection as it is illegal to use the same logo or tagline.
A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks
Trademark Registration is done through Monitrix can be done through Monitrix in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.
DOCUMENTS REQUIRED TO OBTAIN PARTNERSHIP REGISTRATION
Form 1 with the prescribed fees
Notarised and Signed by all partner true copy of the Partnership Deed
Proof of ownership or rent/lease of the location of your business.(e.g. Electricity Bill/ Water Bill or Rent/Lease/Leave and License Agreement of Business Place)
Copy of PAN Card of partners
Copy of Aadhaar Card/ Voter identity card
ADVANTAGE OF TRADEMARK
- Legal Protection
- Unique Identity
- Creation of Asset
- Trust or Goodwill
- Popularise your brand
WHAT CAN BE TRADEMARKED?
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked
A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked
phanumeric or Letters or numerals or any combination thereof. For example 555 brand
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo
Sound marks in audio format. For ex the sound in the ad jingle
WHO CAN APPLY FOR A TRADEMARK?
Any person or business claiming to be owner can apply for a trademark including:
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
WHAT ARE THE DIFFERENT TRADEMARK SYMBOLS: ‘TM’, ‘SM’ AND ‘R’
This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.
It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.
This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar. Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.
STEPS FOR REGISTERING TRADEMARK
Step 1 :- Trademark search
Monitrix run a thorough check to make sure that your desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at search.Monitrix.com. Because being exclusive do matters. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.
Step 2 :- Create trademark application
Once we ensure that your chosen name or design is available & exclusive, we send you an authorisation letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.
Step 3 :- Trademark application submission
Once we receive the authorisation letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number. We file the trademark different at the central trademark department office or via online. A trademark can be filed online only by a registered lawyer or agent.
Step 4 :- Trademark registration
The employeOnce a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments. In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.e will then be allotted an insurance number for the purpose of his identification under the scheme.
Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
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