What is a Trademark Registration?
A TRADEMARK is a word, phrase,
symbol or design, or combination of words, phrases, symbols or designs are used
in the course of trade which identifies and distinguishes the source of the
goods or services of one enterprise from those of others. A SERVICE MARK is the
same as a trademark except that it identifies and distinguishes the source of a
service rather than a product.
Trademarks in
India are registered by the Controller General of Patents styles and logos,
Ministry of Commerce and industry, Government of India. Trademarks are
registered under the Trademark Act, 1999
and supply the trademark owner with a right to sue for damages once
infringements of logos occur. Once a trademark is registered, are logo may be
used and also the registration is going to be valid for ten years. Registered
logos nearing ending may be simply renewed by filing a trademark renewal
application for a amount of another ten years.
Documents Required
for Trademark Registration
Trademark
registration method in India has been simplified by the govt and
Entrepreneurs will currently simply get trademark registration for his or her
brands inside a number of months. During this article, we glance at the
documents needed for getting trademark
registration in India.
Individuals &
Sole Proprietorship
Any individual – Indian National or Foreign National will
simply register a trademark in India. There’s no demand for forming a legal
entity or business entity to register a trademark. Further, the documents
needed to register a trademark within the name of a proprietary square measure
a similar as that of an individual as under:
·
Copy of the brand, ideally in black & white
(Optional). Just in case brand isn't provided, the trademark application may be
filed for the word.
·
Signed Form-48. Form-48 could be a authorization
from the applicant to a Trademark professional person for filing the trademark
application on his/her behalf.
·
Identity Proof of the individual or Proprietor.
·
Address Proof of the individual or Proprietor.
Partnership / LLP /
Company – Small Enterprise or Startup
The trademark registration fee varies
between Rs.4500 to Rs.9500. for little enterprises, startups, proprietorships
and people; the lower trademark fee of Rs.4500 is applicable. For all different
entities, the trademark government fee applicable is Rs.9500. To be classified
as atiny low enterprise, the somebody would have to be compelled to give Udyog Aadhar registration certificate.
Further, additionally to the Udyog
Aadhar registration, the subsequent details would be needed.
In case of a partnership firm or LLP, the entrepreneur would
have to submit the following:
·
Copy of Logo (Optional)
·
Signed Form-48.
·
Udyog Aadhar Registration Certificate.
·
Incorporation Certificate or Partnership Deed.
·
Identity Proof of Signatory.
·
Address Proof of Signatory.
Other Applicants
All other applicants, including companies that do not have
Udyog Aadhar registration will have to submit the following documents to obtain
trademark
registration in India.
·
Copy of Logo (Optional)
·
Signed Form-48.
·
Incorporation Certificate or Partnership Deed.
·
Identity Proof of Signatory.
·
Address Proof of Signatory.
Top Reasons for
Trademark Objection
An application for
registration of a trademark can be objected by the Trademark Office for a
number of reasons.
·
Trademark
Objection
·
Use of
Incorrect Trademark Form
·
Incorrect
Trademark Applicant Name
·
Failure
to File Trademark Form TM-48
·
Incorrect
Address on Trademark Application
·
Vague
Specification of Goods or Services
·
Same or
Similar Trademark Exists
·
Trademark
Lacks Distinctive Character
·
Trademark
is Deceptive
Trademark registration in Delhi, trademark registration form, free trademark
registration online, trademark registration fees, Online Trademark registration, Trademark registration in India,
trademark registration online, trademark
registration.
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Gurgaon, Haryana, 122016 (India)
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