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Trademark Registration

Trademark registration in India allows the applicant to use symbols or words to represent a business or the products that are offered by a business to distinguish the goods or services that are offered by them from the competitors. After the trademark is registered in India no other organization cannot use it as long as it remains in use. The "TM" symbol can be used with the trademark applicant with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.

Importance of Trademark Registration

Trademark Search

Trademark Search:It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.

Trademark Filing

After completing the Trademark search, the trademark registration application can be filed with the Trademark Registrar. However, the application must be made in a prescribed manner and filed along with the mentioned fees. The application can be made online or in any five Trademark Registrar's offices.

Trademark Examination

The Trademark registration application will get allotted to an officer in the Trademark Registrar's office. The officer will then review the Trademark application for the correctness and issue a Trademark examination report and allows for the journal publishing or object in register process.

Trademark Registration

If there are no objections or oppositions, only the Trademark manuscript and trademark registration will be prepared and issued. Only after the Trademark registration Certificate is issued, Trademark is considered to be a registered trademark of the owner, granting the owner some exclusive rights of the mark.

What can be Registered as a Trademark?

Name

A name which can either personal in nature or can be the surname of the applicant e.g, the name Dhirubhai Ambani can be trademarked.

Word

A word that is not being directly descriptive of the character or quality of the goods/service. For eg, Google is a word that has been trademarked.

Numbers

Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands, AJ1247PU, etc.

Images

Image, symbol, monograms, 3-dimensional shapes, letters, specific logo for your brand or product or service etc. For example the tick in the Nike logo.

Sound

Any sound which represented by musical notes can be trademarked. It must be distinctive. The first sound mark registered was Yahoo!’s yodel.

Packaging

The packaging of a product can be trademarked under the Trademark Act. The label or packaging of the Dairy Milk is a registered trademark.

Benefits of Trade Mark Registration

IP Protection

Trademark registration provides legal protection against the misuse or copy of the company's name or registered logo. The owner of the trademark receives ownership of the trademark.

Powerful Deterrent

A trademark owner obtains the right to publicly advertise the brand as a registered trademark that alerts others and forestalls the defense of the innocent infringement.

Legal Remedies

The owner receives the presumption of being the valid owner of the mark. Registering a trademark gives the owner a right to sue anyone who is misusing the mark to sue in any court.

Documents required Trademark Registration

For registering an LLP in India following documents are required.

For Partners

PAN card or Passport if the applicant is a foreigner.
Drivers license or Aadhar card, resident card or election card, or any other identity proof issued by the government.
Less than 3-month-old bank statement or telephone bill.

Registered office proof:

The authorization from the landlord ( Name mentioned in the Electricity bill or Gas bills or Property Tax receipt or sale deed) to use the premises as a registered office. This acts as a NOC from the landlord and;
Proof of evidence of any utility services like gas, electricity, telephone depicting the address of the premises bearing the name of the owner or document, which is not old than two month.

Legal Forms and Declaration

Consent of Partners
Subscriber Sheet for LLB Corporation
PAN Card Application Form
TAN Card Application Form