Under Trademark Registration
Let our expert consultation help you navigate the online trademark registration process with the government.
How Trademark Registration works:
Trademark registration offers the owner exclusive rights to protect the logo, symbol, and words that define their brand. Let our trademark registration services help protect your brand.
Purpose:
GOVT. RECOGNITION
What is Trademark Registration?
A trademark is any distinctive mark, logo, name, or symbol that uniquely identifies a product or service. The Trade Marks Act, 1999, regulates trademark registration, which grants the owner exclusive rights to their brand and its associated products or services.
Eligibility for Trademark Registration
Anyone can apply for trademark registration in India, whether an individual, business, or legal entity. The application can be filed and the "TM" symbol used immediately after registration. However, the full registration process takes 6-8 months (longer if there are objections). Once registered, the trademark remains valid for ten years and must be renewed thereafter.
Who Can Opt for Trademark Registration
01
Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.
02
Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
03
Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners' names in the application. In addition, if a minor partner is present, the name of the minor's guardian must be stated.
04
LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners' names.
05
Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
06
Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.
07
Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
Kinds of Trademark Registration in India
The following are the kinds of trademark registration available in India-
01
Service mark
A service mark is comparable to a product mark representing a service rather than a product. The primary function of a service mark is to differentiate its proprietors from the owners of other benefits. Accordingly, trademark applications submitted under trademark classes 35-45 may be classified as service marks since they represent a service.
02
Marks in the Series
These are the marks that have been registered for usage before or after a chain of items that share a similar suffix, prefix, or symbol.
03
Mark of Sound
A sound mark is a sound that may be connected to a product or service that originates from a certain provider. Sound logos, often known as audio mnemonics, appear at the beginning and end of ads.
Importance of Trademark Registration in India
The importance of trademark registration in India is as follows:
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product's or service's reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Product Differentiation
Customers can quickly locate your items if you register your trademark. It separates your goods or service from the competition while acting as an efficient advertising tool. Furthermore, your trademark or logo communicates your organisation's vision, quality, and uniqueness.
Gives a sense of identity to a product's quality
Trademark registration provides physical confirmation of the value and quality of your product or service. As a result, customers identify the quality of a service or product with the trademark. Moreover, this awareness benefits acquiring new clients who unwittingly identify a product or service's quality through its logo.
Creating Assets
The registration of a trademark grants a corporation intellectual property. A registered trademark is a legal right that may be purchased, assigned, franchised, or economically contracted. Furthermore, a trademark functions as an intangible asset on a company's financial sheet, providing all of the benefits associated with such assets.
Use of the ® Symbol
When your trademark is registered, you may use the ® sign in your logo to show that it is a registered trademark & that no one else may use a similar brand. If another individual uses your trademark without your permission, you can sue in court for such obvious infringement of your exclusive usage rights.
Protect Against Infringement
If someone uses a trademark without the owner's permission or in a deceptive manner, the owner can get an injunction to prevent the individual from using the brand without permission. In addition, your trademarked logo may not be used by anyone else, including rivals.
Ten Years of Low-Cost Protection
Trademark registration is inexpensive and helps your organisation to keep a distinct identity. In addition, online trademark registration is simple & inexpensive to keep up with. Similarly, when registering a trademark, you must pay the protection charge & the renewal price, which is due every ten years.
Global Trademark Registration
If you wish to grow outside of India or just register a trademark in another country, don't be concerned; a trademark that has previously been registered in India may serve as a strong basis for gaining worldwide recognition. Furthermore, because of all the goodwill accumulated, a trademark that has previously been registered in India can be utilised as the foundation for registration in another nation.
Recruit Human Resources
Popular businesses have a reputation for recruiting young talent. Furthermore, young brains prefer to work for major firms since they provide better benefits and salary security. In addition, trademark registration provides a favourable image of a company. Furthermore, this reduces the cost of recruiting and other associated activities.
Background of Trademark Registry
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any
individual or firm to uniquely identify its goods or services from those made or sold by others.
As a result, clients must be able to differentiate one's goods or services from those of others.
The requirements of the Trade Marks Act 1999 regulate trademark registration.
Trademark registration is vital because the government legally authorises
it to grant the owner exclusive rights to the brand,
sale, manufacture, and use of products and services.
The trademark registry's headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a trade mark, the registrar will verify to see if it fits all of the Act's requirements.
What are the steps for filing a Consumer Complaint?
01
Send a notice mentioning the problem/ fault you faced
The first step is to express your concerns over the product or service in writing to the manufacturer or seller. For claims above 10,000, it is highly recommended that you have a conversation with your lawyer and deliver the notice through the lawyer on professional letterhead. This will show the vendor that you plan to bring legal action.
02
Wait for a response from the vendor
Once you send the legal notice, it's likely that the company will respond to your complaint. You might receive a just reward from some. The courts will not grant requests for extremely great damages. In the event that you do not hear back within the given time, which is normally 15 days, you have the option of contacting the consumer forum.
03
Select the Correct Forum
A suitable consumer forum should then be chosen. The district forum, state commission, or national commission should be chosen depending on the cost and the compensation. You or a representative you choose may approach the forum or commission with your grievance. The proceedings might take anything from six to eighteen months to complete.
04
Submit a written complaint
The format differs depending on the forum that is chosen. Make sure to put your grievance in writing. Our professionals will be able to help you. We will create the ideal complaint and include all the necessary details. It is essential to present the legal notice you made to the vendor or service provider to the court in order to demonstrate.
Fees
Purchase/Loss Amount₹20,001 – ₹1,00,000
Advice + Notice₹1999 + 18% GST
Professional Fees
Register NowPurchase/Loss Amount ₹1,00,001 – ₹25,00,000
Advice + Notice ₹2999 + 18% GST
Professional Fees
Register NowPurchase/Loss Amount ₹25,00,001 – 1 Cr
Advice + Notice ₹4999 + 18% GST
Professional Fees
Register NowAdvantages of Registering Trademarks
Exclusive Right
The case needs to fall under the purview of the consumer protection act and not under any civil, criminal or labour laws.
A Legal Protection
The prayer portion of the complaint should consist of a refund and claim amount.
Differentiates Product
The cases where clients only claim compensation, possessions, return, or exchange of goods will not come under the purview of online consumer complaints/ Edakhil.
Creation of Asset
If the consideration, refund, or claim amount exceeds Rupees 50 lakhs, then it is not eligible for online filing in the district consumer forum.
Our Advantages
Time saving
Filing online consumer complaint will save your time
Any Device
The complaint can be filed from mobile/computer
Complaint Anywhere
It can be done from any location i.e. home, office or vacation trip
Expert Advice
You will receive assistance from Consumer Complaint experts of Online Legal India
Notice
You can send notice to the concerned authority
Claim for Compensation
You can claim for compensation from consumer court
How we work?
Fill the form & Make the Payment
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You Will Get a Call from Our Expert
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Your Case Will Be Analyzed by Our Expert
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Notice Will Be Sent to the concerned autority
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We will be providing legal support in filing a complaint in the consumer court
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We Will Support You Till the Case is Resolved
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