E - Registration of the Trademark
Trademark is a unique symbol, logo, or brand name which differentiates one Company from another. Customers can easily recognize your brand with the help of a trademark for example tick symbol of Nike, the jumping wild cat of the puma, Amul, Nestle, and so on. E-Register Trademark helps you stand out in the competition.
Many companies face trademark issues such as a copy of a trademark, or misrepresentation of your trademark which leads to a bad reputation. This can be avoided by registering your trademark where in any case your trademark is
copied you can sue the person as it comes with legal rights governed by the trademark act 1994 and trademark rules 2002.
The registration process for a trademark is very simple. You can do it online instead of manually filling up the form and waiting for 2 to 3 years to receive a registered trademark. The main part of the registration process is selecting a brand
name for your company. Make sure that you have selected a unique and catchy title and a small suggestion is that before applying for registration, make sure you check your name is not taken and it is not against any law.
For another type of business, the fees charged will be, ₹9000 for e- registration and ₹10000 for manual registration. Select the type of registration process according to your needs Then start preparing your application by filling up details and documents such as
- Name of applicant.
- Identity proof of applicant and business.
- Business type and its objectives.
- The brand name or slogan should be of the dimension of 9 by 5cms. It is advisable to have 5 duplicates for application purposes.
- Registration address.
- Power of attorney signed by the person who is applying for a trademark.
- Class 3 digital signature.
- Before submitting your application you must make sure you have provided details correctly so that your registering process will not be delayed. After application, the registrar will check your application and documents provided is legally satisfying or if it contains any disputes. After the verification is done the registrar will publish your brand name in the Indian Trademark journal to see whether any issues arise or not for a span of 3 months or 120 days.
- After the registrar sees no objection to your brand name, the registrar will issue your certificate along with the trademark registry seal. So you can use ' TM ' after your name until the final registration is done.\The registrar will provide you with a number to check the status of your application. You should go to the website of trademark registration, enter the application number and you can narrow your application status.
- Once your trademark registration is complete you will receive the trademark registration certificate. This procedure will about 18 to 24 months. The trademark certificate must be renewed every 10 years. So you should require a photocopy of the trademark certificate, photocopy of the trademark application, power of attorney from the applicant, and identity and address proof.
- For renewal, you must file a TM- R form with the fees of ₹9000 ( through trademark e register ) and FORM-18. Apply for renewal from the official website, upload all the documents required, and the trademark journal will publish your trademark if incase any objection can be done for 3 to 6 months, check your application status regularly and you will receive your renewed trademark certificate.
- The registry of the trademark will send you to notice prior to the expiry of the certificate 6 months from the date of expiry. If you haven’t renewed your trademark certificate within a specified time, your trademark will be removed from the registration.
Trademarks are classified as intellectual property. As registering your trademark will help you to protect your brand name and other legal benefits, you can use ® to your brand name only after registration of your trademark.
Trademarks are treated as assets of an organization. As they help you to gain customer recognition, good competition, and increase your goodwill. Trademarks represent what and how your product is. As trademarks are not internationally
recognized, if you are willing to expand your business outside India, you must register your trademark in the respective countries.
Any foreign company which wants to start a business here can register its trademark through Madrid protocol. It’s an
international application provided by the trademark registrar which is also known as the office of origin. These people accept the application from an applicant and pass it on to WIPO for the next process. They will verify and if no issues arise they will publish the trademark in their official gazette for 4 months and then if everything is clear they will issue
you the certificate. This certificate can be renewed.
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