Online Trademark Registration
Seek Legal Vistaar Consultants For Online Trademark Registration
Are you looking for online trademark registration in India? If so, you’re in the right place – Legal Vistaar Consultants. With us, you can register a trademark at an affordable cost and with a quick turnaround.
Trademark – An Overview
According to Section 2(zb) of the Indian Trademarks Act of 1999, a trademark identifies a product or service from its competitors. Each brand has its own characteristics, such as symbols, designs, expressions, or other features that make it unique. These characteristics are required to be trademarked so that no one can copy the symbol.
Trademark Registration: Why?
When you register your trademark, you protect your rights to use it in association with your products or services. You can take legal action against unauthorized use of your trademark when your trademark is protected by a strong shield against infringement. Once registered, a trademark remains valid for ten years following the filing date, and it can be renewed indefinitely.
Trademark Registration: Eligibility
Various entities and individuals may register their trademarks, including:
Firms that are proprietorships
A company's joint owners
Firms with more than ten partners (partnership firms)
The Limited Liability Partnership (LLP)
Companies based in India
Companies from abroad
Funds and trusts
The Societies
Trademark Registration: Types
Indian trademark registrations are governed by the Trademark Act of 1999, which includes the following types:
Pattern Mark:
Products or services bearing Pattern Marks can be recognized by their distinctive patterns, making them identifiable from other products or services
3D Trademark:
Non-conventional trademarks that use the shape of a product or its container to achieve differentiation on the market are known as three-dimensional trademarks.
Section 2 (1) (zb) of the Trademarks Act stipulates that the mark must be visually recognizable and distinguishable from other goods and services.
Label Trademark:
To ensure that the entire packaging/label of a product is protected, a label trademark protects both the label as well as the trade dress, which would be unique and distinctive to any business and serve as an identifier for their products.
Slogan/Tagline:
A trademark slogan is a creative phrase that serves as a reminder of the product to consumers. In advertising campaigns, trademarked slogans provide exclusive rights for brands to use them
Device Trademark:
A trademark is a visual element used to represent a device in an identifiable and unique way
Trademark Registration Process
Step 1: Identifying the trademark class
Step 2: Search for trademarks
Step 3: Obtaining trademark registration
Step 4: Payment of trademark fees
Step 5: Examine the trademark
Step 6: Address objections
Step 7: Publication of trademarks
Step 8: Opposition settlement.
Online Trademark Registration: Documents Required
The following documents are required to be submitted for trademark registration:
- Trademark image
- POA (drafted by us)
- An affidavit from the prior user
- TM-A form
- A copy of the applicant’s ID and address.
What is a Trademark Registration Fee?
In order to register a trademark, the applicant must pay a fee based on their nature. Typical trademark registration costs $10,000, whereas startups, small businesses, and individuals only pay $5000. It is also possible to charge an additional fee of $2,000 as professional fees.
What is the Validity of Trademark Registration?
When a trademark is registered, you’re allowed to use the R symbol with it for a period of 10 years.
Trademark Registration: Advantages