If you have developed a brand name and logo for your company and if you want to safeguard it from being used by others, then you have to apply for trademark registration. A trademark (popularly known as brand name in layman’s language) is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other articles of commerce to distinguish it from other similar goods or services originating from another.
A trademark registration provides a protection to the owner of the brand or mark by ensuring exclusive right on it or you can even authorize any other person to use your mark or brand name in return of payment. You can register your logo, brand name and tag line all three in single application. A trademark application can be made within three working days and after applying you can start using ™ symbol, but it would take at least two years for you to get a registered trademark, then you can use ® symbol.
Trademark Application (3 working days)
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The registration procedure in India is based on the ‘first to file’system. It is therefore important that the rights holder applies for the registration of its mark as soon as possible. The registration of a trademark in India typically takes about 1 to 2 years, subject to the trademark not being opposed by a third party.
Before making an application for registration, it is prudent to make an inspection of the already registered trademarks to ensure that registration may not be denied in view of the resemblance of the proposed mark to an existing one or prohibited one. It is advisable that a common law search should also be conducted in order to ascertain if there are any third parties that might already be using the trademark. You can check yourselves the availability of your brand name through trademark public search.
The Office of the Controller General of Patents, Designs and Trademarks is the appropriate office for filing of a trademark application in India. This office has branches in Mumbai, Delhi, Chennai, Ahmedabad and Kolkata. A trademark application can be made through online, what we require from you is your logo, brand name and your tag line (if available). Logo has to be sent to us in JPEG format only.
A trademark has to be registered under particular class or category, there are almost 45 classes available, so you have to disclose us your business activity so that we could apply to the suitable class. Power of Attorney which we send has to be signed and sent to us back, so that we could able to file Form TM-1. After filing the necessary forms we will share you the acknowledgment copy and the application number will be allotted after two working days.
Everything below is included
- Brand Name
- Tag Line(Optional)
- Power of Attorney
FREQUENTLY ASKED QUESTION
Any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as trademark. A trademark is unique symbol which distinguish your goods or services from others.
Since it is a Government process, the acceptance of your application rest in the hands of the Government. We can conduct trademark search and apply on behalf of you, but we cannot guarantee that your trademark would not be rejected.
Yes, you can apply for your logo, name and tag line or caption in one application. But care has to be taken while suggesting you name and tag line as it should not reflect any previous trademark or reputed brand.
No, Trademark registered in India, would be valid only in India.
Any person who claims to be the owner of the trademark, which is proposed to be used can apply for trademark. A person can be an individual, NGO, Company or Partnership firm.
A Trademark normally takes 18 to 24 months to get registered, this is due to stringent process followed by the Trademark Registry.
A soft copy of the logo along with name and tag line (if any) has to be sent to us through email. A Power of attorney would be sent by us for your signature and kindly sign and send back the POA. Rest we shall take care.
As soon as you have applied for trademark, you can start using the symbol TM. Usually it takes 15 to 20 months for reviewing your application. After that if there is no objection they will release your name in the official Gazette, and after that you can use (R) symbol.
An objection is raised by the Trademark Registry in order to enquire about your usage of TM. For this you have to appear for hearing, but we would take care of the hearing by appointing an Trademark attorney for your case. After the hearing if Trademark Registry satisfied with you then they would approve your application, if not, there are possibilities for rejecting your Trademark application.
Very simple, just send us your logo or name to us as a soft copy. We would conduct a Trademark search on behalf of you and let you know whether the said TM is available or not. After that we would apply for Trademark through online on behalf of you and you can remit us the payment to our account directly.
Since we are an online company, we cannot meet you face to face, but if you permit we can have a Skype call where we can talk face to face.
It is important to conduct a trademark search, so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before incorporation of a company name.