Trademark Registration In India – Apply Online

Trademark Registration is playing a vital role in India. It prevents infringement of a company’s Brand name, Logo, Symbol, and Name as well as enhances company’s goodwill. Before applying for trademark registration you must do a trademark search. It will make sure that none of the companies have the same trademark as you want. Once you check trademark search then you need to choose a class in which your product or service is mentioned. While doing all these trademark registration processes you have to contact a trademark attorney for making your process smoother. After registering your trademark, you can easily use your trademark name, design, or symbol etc.. After getting your trademark symbol you have to renew it on time to time as per Trademark Act, 1999 rules and regulations. Our Import Export Certificate expert & experienced team and trademark attorney will help you to complete your trademark registration.

Definition of Trademark

Simply, we can say a trademark is an easily recognizable symbol, phrase, or word that is unique from other competitors. it denotes your products and services in a picture, sign, design, and expression. trademark makes your products and services your own brand. Trademark protects your product from infringement. It is classified as intellectual property rights which are protected by trademark act, 1999.

To get the protection of trademark rights you need to do trademark registration online. Once you get your products and services trademark then nobody can use your symbol because it violates the trademark rights. It legally makes a difference between your product and others; it gives you ownership of the brand. People and customers can recognize your company by your company’s Logo(Trademark).

Importance of Trademark Registration

Trademark registration is very essential for today’s fierce competition. Now, Every entrepreneur and businessman wants to stand out from the crowd. Trademark registration has enormous importance for seeking protection of intellectual property rights and secure rights from infringement of rebranding. Trademark ensures that nobody can copy your products and services in the market. Here, our import export certificate trademark attorney will help you for registering your trademark online and avoiding the need to rebrand. 

The importance of trademark registration is comprehensively understood through the following key points:-

1. Legal protection and enforcement: Trademark registration makes business strengthen and make a legal position of owner in the marketplace. Once you registered your entity’s trademark under Trademark Act, 1999 then you can sue and take a legal action against the infringer who is using your logo on his product or elsewhere. You can legally take a claim for damaging, defaming your company by the evidentiary value of the Trademark registration certificate.
2. Global Protection: After registering your trademark in India it will secure your rights not only nationally but also internationally. If you want to expand your business into another country, don’t hesitate to register your entity under the trademark act, 1999. Once you get a trademark in India it will also make it easier to get a trademark in another country.
3. Builds Trust and Loyalty or Goodwill: Trademark registration the main key to gain trust among customers and in the marketplace. Trademark is crucial for making brand recognition. Customers can easily trust those businesses who have their trademark over their quality products. Trademark differentiates the products from other competitors and makes his own unique brand identity. 
4. Business Asset and Value:  Trademark is a business asset as time by time a trademark makes its recognition in the market and customers can easily rely on it. It refers to customer loyalty, and trademark reputation grows from time to time. Trademarks are becoming the most valuable things nowadays. Trademarks can be licensed, franchised or sold and opens various ways like partnerships and collaborations.
5. Low Cost Protection: You can simply apply for online trademark registration. It is a very low cost registration which gives your business a specific identity.  In Addition, make goodwill with your product . You need to just give the registration fee and renewal fee which will be paid after ten years.

Benefits of Trademark Registration

Many businessmen concerned about trademark registration they are in a dilemma that we should do trademark registration or not cause its process seems long and so much complicated, but if you want that your business will grow rapidly become recognizable for customer and in the marketplace. It is a must for you.

There are some benefits which will enhance your business and make easily growth:

1. Customer Attraction: Trademark will secure your rights and enhance brand’s identity. It looks more attractive and reliable for customers. It creates a positive picture in customers minds. 
2. Brand Recognition : Nowadays, brand recognition becomes the most essential part for growing business. As you know, Trademark is a logo that represents your product, quality of product. Trademark differentiates your product and service from others. Registered trademark ensures the quality performance of a product. It allows you to expand your business.
3. Creation of intangible asset: Registered trademark can become an intangible asset in future. After becoming popular it becomes a valuable thing. then you can franchise, distribute, and commercialize your trademark. This brings benefits to the company or the individual proprietor. 
4. Infringement Protection: if someone is misusing your registered trademark you can ask for the protection under Trademark act, 1999 , and claim for the damages. In addition, you can sue the infringer.

Trademark Registration Process

You can apply for a trademark through two ways online and offline also. Our Import export certificate consultants and trademark attorney will help you for registering. You can get online trademark registration process is given below:

Step 1 Trademark Search: Our experts team will help you with this. First of all, you have to give us all your symbols, signs, brand name, Slogan etc. basic information about your company as well as the company’s product. So, our team can go through the database and research of your Symbol whether it is already registered or not.

Step 2 Class Selection and Gathering Documents: Once our team completed research if it is available then we can go ahead for selection of classes as you know in trademark there are 45 classes for each and every product. Our team will properly guide you for selecting class and guide you for gathering required Documents. 

Step 3 Trademark application Initiation and submission:  As soon as you will provide us required documents for trademark registration online. Our expert team will analyze your documents. After analyzing documents we will initiate your application as per Trademark act, 1999 and upload required documents at the last time. Again, our trademark attorney team previews the application and submit the application and check the trademark status from time to time.

Step 4 Trademark Objection (If Any): After submission of application sometimes  while examining trademark application, examiner raises some questions regarding trademark that is called (Trademark Objection). You need to give a response to the examiner’s question. Our expert will help you to give lucid answers, documents, and proofs of trademark objection.  

Step 5 Hearing of Registrar (If Any): Sometimes a third party can also oppose your trademark so you need to clarify him and give valid proof that his opposition is not valid within 2 months. Based on your response, the Registrar will either obviate opposition or call for a hearing.

Common Mistakes to Avoid While Filing Trademark Registration

• Inadequate Trademark Search: applicant should do Adequate trademark search. Before applying for trademark registration. You need to go through the database of trademarks and do proper research. In Addition, which trademark you want to apply needs to know whether the trademark is available or not.
• Incorrect Classification: As you know that trademark has 45 classes for each and every product. So the applicant has to choose those classes which are applicable on his products.
• Failure to Monitor and Enforce: As you know trademark is bound in a time limit the reason why applicants face such challenges to monitor and enforce trademark. Our expert team will guide you for managing the renewal and objection cases in a time.

Trademark Classes

There are only 45 trademark classes for all types of goods and services defined in each class. While registering your entity in trademark you have to very carefully opt for a class which is for your product. cause it determines your trademark registration validity. If an applicant or businessman is dealing in different-different products then he needs to opt different-different classes for each product. If you are facing some difficulties choosing classes for products then you can get help from our expertise as well as experienced experts of Import Export Certificate.

What Are The Type Of Trademark Registration?

A trademark registry allows you to register all various trademarks such as

• Word Mark
• Service mark
• Collective mark
• Certification mark
• Series mark
• Geographical indicators
• Logos and symbols

These marks can apply under the Trademark Act 1999, which was established in 1940 in India this act is passed by the government and make trademarks such a functional and operational body of the Act, which implements all rules and regulations all over India.

Trademark Registration Costs

Explain these 3 fees

• Government Fees : There are different-different fees for each and every mark (series of mark, associated mark) it will be charged for each class. If you are an individual, single firm, small entities( MSMEs) basic trademark filing  fee is Rs. 4,500/- per class. It will double for other types of applicants.
• Attorney Fees: it depends upon attorney to attorney.
• Total Cost Breakdown:  

What Is The Validity Period Of Trademark Registration?

Once the registrar grants your trademark registration. The trademark has been valid for ten years since the date mentioned on the trademark certificate. After registering your trademark registrar records your trademark in the database. Thus, the applicant needs to renew his initial trademark registration before expiry date.

FAQs

How Long Does The Registration Process Take?

Trademark registration duration depends on two circumstances: if it’s accepted after applying, our trademark will register within 2-3 months. If an application is objected to then we need to give a valid response within 2-3 months. Then the Registrar will accept or reject it. If it’s still rejected then the registrar will give us a hearing date. In this whole process our experts will guide you in an effective way.

Is It Necessary To Hire An Attorney For Registration?

Yes, it is essential to hire an attorney for registration. Attorney will guide you in this whole process and if your application is objected to he is the one who can give proper response against the objection. Attorney ensures that you get your trademark registered as soon as possible.

What Happens If Someone Infringes On My Trademark?

Once you register your entity’s trademark under Trademark Act, 1999 then you can sue and take a legal action against the infringer who is using your logo on his product or elsewhere. You can legally take a claim for damaging, defaming your company.