Trademark
Types of marks that can be registered as a trademark:
Any brand name, logo, slogan, design, image, a combination of numbers, alphabets or alphanumeric set of words or combination thereof used for identification of association of goods/services with a particular person/company can be registered as a trademark. Such a mark should be able to distinguish the goods and services of your business from other’s business.
Who can apply for trademark registration?
- a) Individual/Sole Proprietor
- b) Partnership Firm / Limited Liability Partnership (LLP)
- c) Company – Private, Public or One Person Company
- d) NGO
Any of the abovementioned persons, who is using or propose to use a mark capable of being registered as trademark can apply for trademark registration.
Is it mandatory to have a trademark?
Generally, it is not mandatory to have a trademark to deal in particular goods or services with a particular name or logo. But the business entities generally invest a lot of money and effort for marketing their products and creates a unique identity in the market. In the absence of a registered trademark, the brand name/logo can be easily copied by competitor firms or local market vendors. It creates complications and confusion in the mind of the consumer regarding the actual brand and ultimately causes harm to the brand value/ goodwill of the business. Therefore, it is always recommended to get a trademark registered before launching any particular brand in the market.
However, in the world of e-commerce, some platforms like Amazon allows their seller to trade with a particular brand name only if they have a trademark for the same. So, it becomes mandatory for them to acquire a trademark first before starting their operations on such platforms.
Documents required for trademark application:
- a)Proof of Applicant:ID (PAN/Aadhar) and Address Proof (Driving License/ Utility Bill/Bank Statement) of Applicant.
- b)Brand Name or Logo:Trademark can be applied for using a particular innovative word or combination of words, in such a case no logo is required.
- c)List of goods/ servicesfor which Trademark is required or class number of goods and services.
- d)Email id and mobile number.
- e) Certificate of registration:If the applicant is Company/ LLP / NGO.
- f)Proof of TM Use:Only if the mark is already in use.
- g)MSME / Start-up Recognition:Required if the applicant is Company / LLP and willing to avail 50% rebate in government fee.
- h) Power of Attorney: A signed POA is required in favor of our registered trademark attorney or agent to allow us to make a trademark application on your behalf. Once you make the payment and provide other documents, we will draft a POA and send it for your signatures.
Time taken for trademark registration:
Once we apply for a trademark, an examination of the application is conducted by the department, if there is no objection, then the application is published in Trademark Journal for a period of 4 months for public comments/ opposition. If no such opposition is raised by the public, then a trademark registration certificate is issued by the department.
Once we get all the documents/ information required and fees from the client, we make the trademark application within 24 working hours and share the acknowledgment of the same. Once we share the acknowledgment of the application, you can use (TM) with the applied mark. (R) can be written with the applied mark only after the issuance of a trademark registration certificate by the registrar, which takes a minimum of 6 months.