Trademark – For your Brand & Logo
Brand names and Logo create an image / impression about the quality of products and services offered by entity. Consumers relate to entities and their products / services on the basis of the brand name and logo. Terms such as ‘brand’ and ‘logo’ are often used interchangeably with ‘Trademark’. It is totally right to do so if the brand and logo are registered under the Trade Marks Act, 1999. Trademark gives legal protection to an entity’s brand and logo. Thus, Trademark is to brand and logo what security system is to valuable property.
Technically speaking, Trademark is a type of intellectual property consisting of a recognizable sign, design or expression which identifies products or services of a particular source from those of others.
It takes years to build a strong Brand and to have an instant brand recall on the basis of the logo. Therefore, it is important to ensure that your brand image is not damaged or affected in any manner due to any unauthorised use of your brand name or logo.
It should be noted that only after a brand name or logo is registered as Trademark, the Courts will provide legal protection. Section 27 of the Trade Mark Act, 1999 states that no person shall be entitled to institute any proceeding to prevent, or to recover damages for the infringement of an unregistered Trademark.
Tax Vyapar will help you in all requirements relating to registration of your brand and logo / Trademark including answering to all your queries related to brand or logo finalisation and Trademark registration, following up with office of the Trademark Registrar. All these facilities are available at very reasonable and transparent charges / fees.
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Our Pricing
Filing Application
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Search Trademark register to check if desired Brand or Logo is available
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Preparing & filing Power of Attorney in Form No. 48
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Filing Trademark application form under One Class (Form TM-A)
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Includes Government fee and taxes of Rs.4500
Reply to Examination Report
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Submit reply to examination report, if it contains any objections
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Above charges are for drafting and submitting reply
Show Cause Hearing
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Department may issue a notice for show cause hearing even after submitting reply to examination report
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Above charges are for enabling Applicant or arranging a representative for attending for the hearing
Features & Advantages
Legal Protection
Once registered, the trademark owner can move court to stop unauthorised used of the registered brand name and logo as well as raise claim for loss of profit.
Exclusivity
Trademark owner has exclusive rights to use the registered Brand name and logo against everyone else.
Brand recognition
Trademark Registration gives a global recognition to enterprise Brand since no one else can use similar names or figures and thus customers can correctly identify the products of registered brand just by viewing the product name or logo.
Asset creation
Trademark owner having exclusive right to use the registered mark can also allow anyone else to use the mark for consideration and thus Trademark registration creates an intangible asset which can be monetised.
Cost effective
Cost incurred for registration is quite low as compared to the benefits obtained after registration.
Registration Process
Trademark Registration process in India can be undertaken completely online, unless you receive a notice for show cause hearing. In case of show cause hearing also, there is an option to attend hearing virtually. The steps for Trademark Registration are:
- Search Trademark Register – to check if desired mark is available or needs to be changed
- Prepare Power of Attorney (Form 48)
- Fill & Submit Trademark Application Form TM-A
- If the Trademark to be registered includes any logo (device), Vienna Classification is applied
- Application is allotted to an examiner, who examines the application and issues a Report called Examination Report
- If the Examination Report raises any objection, then a response is required to be submitted as reply to the examination report within 30 days or a month from the date of receipt of report. However, if the Examination Report states that the application is accepted, after this Step 9 will follow.
- If the officer is not satisfied even after considering the reply submitted, he will issue a notice for show cause hearing, asking the applicant or the representative to attend before him on the specified date.
- In case the officer is not satisfied with the justifications given by the applicant during the hearing, the applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.
- If the officer is satisfied with the justifications of the applicant, the trademark would be allowed for Trademark Journal Publication.
- Once published, the public have an opportunity to object to the registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of publication, the mark will generally be registered within 12 weeks’ time.
- Upon registration, the trademark owner will receive a Registration Certificate which will give him exclusive right to use the trademark for 10 years.
Time Frame
Filing Application Form TM-A
After we receive all the information and documents required.
Using symbol TM
The Applicant can affix the symbol TM next to the logo immediately after filing application for Trademark Registration.
To obtain Registration Certificate
On average basis, from the date of filing application for Trademark Registration
Using symbol ®
After receiving Certificate, applicant can starting using the symbol ®, alongside the registered mark for 10 years
Information Required
- Details of Applicant
- Name and address
- Father’s / Husband’s name
- Email id
- Contact No.
- Nationality
- Details of all the Partners/ Directors
- Full Name
- Age
- Details of the Signatory for signing Power of Attorney
- Full Name
- Address
- Age
- Type of Organisation
- Pvt Ltd Co, LLP, Proprietor or Partnership firm
- Mark / Brand Name / Logo
- Details of business activity
- Manufacturer, Trader or Service Provider?
- Business activity in detail to identify class of trademark
- Brand / Logo used since
- Please specify the approximate date since the brand name or logo is being used. If it’s not used earlier, then today’s date.
Documents Required
- Firm / Company Document
- MOA and AOA in case of Pvt Ltd Co, LLP Deed in case of LLP, Partnership Deed in case of firm
- Logo / Device, if any
- PAN Card
- Applicant
- Authorised Signatory
- Signed Power of Attorney
Deliverables
If you engage us for entire registration process, at the end, we will provide you with the following:
- Executed and stamped POA
- Application receipt
- Search report on availability of mark
- Copy of journal of published mark
- Registration Certificate
Protect your Brand & Logo NOW !
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