Trademark Registration in India - An Overview
A trademark can be defined as the unique identity that makes
your goods or services. The unique identity or expression can be device,
tagline, photograph, word, sound, color combination. Most of the company or
firm usually look for registration of company name, brand name or logo.
In India, trademarks are registered by the Controller General
of Patents, Designs and Trademarks, Ministry of Industry and Commerce,
Government Of India. You can register the trademark under the act named, The
Trademark Act, 1999. The registration provides the right to sue against others
who try to copy your trademark. Also, no one else can use a similar trademark
to the one registered by another person. Once you register a trademark, you can
use an R symbol along with it, and it will be valid till 10 years from the date
of registration. You can easily get a ™ within 1 days. But, to get an ®, it
takes up to six month. In case the trademark registration is nearing expiry
date, you can always get it re-registered for another ten years.
Benefit of Trademark Registration in India:
Trademark allows you and a third party to distinguish your
commodities and services from those pertaining to your competitor. However, it
would be helpful to hold in mind that geographical names, familiar names, fair
trade words and common compression cannot be registered as a trademark. Apart
from existing unique, a Trademark should be simple to use, make your goods
marketable and generate brand recognition for your products.
Edwin Corporate Law Firm provide legal protection for Trademarks
are categorized as IPR and are accordingly protected from invasion. Trademark
registration also presents an independent claim to the use of the trademark in
accordance to the “Class” of goods or services it offers. Once youhave applied
and filled the trademark application, the Symbol use in “TM” can be obtain with
your products. In the case of unauthorized use of a registered trademark, you
can seek relief for violation in proper and adequate courts in the country.
Required document for Trademark Registration in India:
Details of the brand name, logo, symbol or slogan for which
trademark registration is required.
Date of first use of the trademark.
Details of the owner of the trademark like name and address.
In case trademark is sought on company name than the Name of all the members.
An authorization form named TM-48.
Applicable fees for Trademark registration.
MSME / Start-up Recognition
Partnership firm, body corporates, Society, Trust,
Co-operative Society (other than an individual) can provide a certificate of
registration under MSME or body incorporate, Start-up India scheme to avail 50%
rebate on the Government fee.