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Trademark Registration

Exclusively for Entrepreneurs

Just in   2,499/-  Rs. 5,000/-

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

MSME Certificate @ Rs. 999/-

offer

Import Export License @ Rs. 1999/-

Partnership Registration @ Rs. 5499/-

One Year Free Consultancy


Trademark Registration

Exclusively for Entrepreneurs

Just in   2,499/-  Rs. 5,000/-

Enquire Now

Fill your details to get in touch

offer

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

MSME Certificate @ Rs. 999/-

Import Export License @ Rs. 1999/-

Partnership Registration @ Rs. 5499/-

One Year Free Consultancy

About Trademark Registration

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualify for registration under the Act and Rules.

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Service mark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and service marks.

Trademark:

1. Multi class applications are allowed in India. However, statutory filing fees will be applicable for each class.

2. Classification of goods and services is according to NICE classification (45 classes).

3. Prior use of the trademark is not mandatory for filing. Therefore, applications can be filed on a 'proposed to be used' basis.

4. Power of attorney is required (if filed through an agent/attorney)

5. Applications are examined as to registrability and availability based on existence of prior filed applications. Once accepted, it is published in the Trademarks Journal and an opposition may be filed by a third party within 3 months (extendable by one month). If no opposition is filed, the registration certificate is issued thereafter.

6. A trademark may be subject to removal on the grounds of non-use, if it is not used for a continuous period of 5 years.

7. The registration is valid for 10 years from the date of application and can be subsequently renewed every 10 years by payment of renewal fees.

8. Priority can be claimed provided the application is filed within 6 months from the date of the filing in the convention country.

Amplus is, a leading legal consultant, offers quick Trade Mark Registration service in India. Amplus can help you register all types of brands. The average time taken to complete the filing of application is about 2 - 3 working days, subject to government processing time and client document submission. Get a free consultation for registration before and after the trade mark registration.

By filling up the above inquiry form you can speak to our expert advisor on the Trade Mark registration process.

Registering the Trademark in India has many benefits. With the registering enhances goodwill into market. It will create a brand, trust, credibility and genuineness.

The Trademark Registration process is completely online, so you don't even have to leave your home to get your entity registered. At Amplus, we complete the application online within 2-3 working days.

Required Documents
    Company PAN card
    MOA, AOA & Incorporation Certificate /LLP Agreement/ Partnership deed /Shop Act / Ghumasta License
    Company/Firm Address Proof
    Logo Image


Why Trademark Registration in India?

Prima-facie evidence of ownership of the trademark.

Important asset for your business or company and contributes to the goodwill generated.

Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.

Offers liability protection to protect your company’s assets.

Potentials to attract more customers.

Increases the potential to grow big and expand

Process

Fill Out Forms Prrovided in Enquiry

We explain entire procedure on call

We submit your documents with IP

You will get certificate of Registration

FAQs

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

• The selected mark should be capable of being represented graphically (that is in the paper form).

• It should be capable of distinguishing the goods or services of one undertaking from those of others.

• It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

Under modern business condition a trademark performs four functions

1. It identifies the goods / or services and its origin.

2. It guarantees its unchanged quality

3. It advertises the goods/services

4. It creates an image for the goods/ services.

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

• Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.

• An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.

• Letters or numerals or any combination thereof.

• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.

• Devices, including fancy devices or symbols

• Monograms

• Combination of colors or even a single color in combination with a word or device

• Shape of goods or their packaging

• Marks constituting a 3- dimensional sign.

• Sound marks when represented in conventional notation or described in words by being graphically represented.

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same The Purchaser and ultimately Consumers of goods and services get options to choose the best.

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

• The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .

• International multilateral convention

• National bilateral treaty

• Regional treaty

• Decision of the courts.

• Office practice reduced in Manuals and guidelines and rulings of the Courts

• Decision of Intellectual Property Appellate Board

• Text books written by academician and professional experts

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?

Why Amplus?

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