A trade mark is the legal appearance of a brand name. In the real sense a trade mark is also associated with a product or with a service to identify the source of origin. A trade mark is not necessarily to be a registered one, but in case of registered trade mark the easy legal proceedings can be initiated in case of any imitation.
Though, the registration of a trade mark is not mandatory, but helpful take action against duplication of trade mark.
- Trademark can help consumers in distinguishing your services and products from those of your rivals.
- Trademark also serves as an indication of the quality of your services and products.
- When you establish a brand and earn goodwill, this is supported when you register your trademark.
- Trademark will also let you use the name Branded Goods that can further add value to your product.
- Advertising your product will reach more easily when your product comes with an attractive trademark.
- The trademark can serve as the most effective commercial tool that can establish your product’s identity.
- Through product registration, you can expect that this will significantly increase your brand’s value to all potential purchasers and thus, any buyer of your business is more likely to pay even more for the goodwill being built.
Step 1: Name availability search:
- LawMate.in receives required details from the client and conducts name search of the desired Logo and Mark.
- LawMate.in advises the client on appropriate class and availability of the mark.
Step 2: Payment Clearance and preparing the POA and Affidavit:
- Once we have all the details, a Power of Attorney, Affidavit and Pre-draft TM Form will be shared which has to be signed and stamped by the applicant; scanned copies have to be shared with us for filing, and payment to be cleared.
Step 3: Application Filing:
- We shall file the form TM-A, and share the acknowledgment within 5-7 business days. You can start using the TM symbol next to your logo after this.
Step 4: Trademark (TM) Registry process:
After submission of the TM Application, the TM registry processes are as follows:
- Formality check pass: A formal checking of the application by the TM Registry
- Vienna codification: Codifying the TM as per Vienna classification for verification purposes
- Marked for Examination: Application set for examination and review
- Examination: Review and examination process of the TM
- Objection/No Objection: The TM registry reserves the right to bring an objection to the TM application. Such objection may come from the TM registry asking the Applicant to file a reply to the Examination report which highlights similar trade names and logo. Failure to file reply within the specified timeline will lead to abandoning the application.
- The TM registry reserves the right to deny the TM status to any TM application on its own accord.
- Publication: The TM registry makes the TM Application open for the public to view so that if there are any objections they can be made.
- Wait for opposition: The TM registry awaits any objections if any from the public on the TM application.
- Registration: If the TM registry does not bring any objections to the mark or if no other outside party objects the TM mark, the TM registry shall grant registration for the Application. The Applicant can now start using the ® symbol next to the mark.
In case of objection in TM Application, LawMate.in can assist you in filing the reply of the Objection letter. If the case reaches the court, LawMate.in can assist in providing a TM Attorney for the hearing. However, there will be additional charges for the same.
Post filing of TM application, the process is at the discretion of the TM Registry; LawMate.in cannot ascertain the definitive duration the TM Registry will take to register the TM Application. Typically, an application takes about 8 to 12 months.
- Name of the Company or Applicant :
- Name(s) of Proprietor/Partners/Managing Director (If a partnership, mention all the names) :
- Company Address with pin code :
- Name of the Trademark/Service (Brand name, attach logo in JPEG format if any) :
- Trade description of Goods/Services (Please mention the exact goods or services to be sold/promoted under this brand name):
- Date of first use of the Mark by you in dd/mm/yyyy format, (If proposed to be used, kindly mention)
- PAN card copy of the authorized signatory
In case of rejection/objection of Application by the TM registry, the TM Registry does not provide any refund of the Application filing amount