TRADEMARK REGISTRATION

THE WAY TO PROTECT YOUR BUSINESS

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Trademark Registration

Protect your Brand by registering your Logo, Brand name

and Slogan with LawyerINC. Start now, avail our services
and get your trademark registered hassle free. 

What is Trademark Registration?

Trademark is a unique expression which relates to the product or

service that distinguishes it from the others. 
A trademark refers generally to “brand” or “logo” Taglines, business
names etc.
In other words, we can say, trademark is a visual symbol used by
the owner of the trademark for goods or services or to differentiate
it from the other businesses.
The manufacturers use trademarks to identify their own products or
services from its competitors.
Trademark registration makes it easier for the owner to establish
their right to the trademark in Court and get royalties.
Trademarks are registered under the Trademark Act, 1999.
The Trademark owner has the right to take legal action for the
damages when there is a violation for trademarks.
And registration cannot be done in case the trademark is identical
to a prevailing one then to avoid confusion with competitors.
Trademark Examples

If we see around us, KFC and McDonalds’ are two trademarks from the food
industry. Their trademark makes it easier for the consumers to identify them and
it helps to recognize the source of the goods and their quality.

Trademark Registration- the way to protect your business

Building a Brand image requires hard work. Therefore, we have to make sure
that one has exclusive ownership over the brand logo or name. The Trademark
Act, 1999, makes it easier to have an exclusive ownership rights over the brand
logo or name and restricts the others to use it for themselves.

Authorities Who Register Trademark

The Controller General of Patents Designs and trademarks, Ministry of
Commerce and Industry, Government of India.

Who can apply for Trademark Registration Online?

The applicant for trademark registration can be anyone who is a-
An individual
company
proprietor
legal entity

For how many days is a trademark registration valid?

After the trademark is registered, it will be valid for the period of 10 years from
the date of filing and it can be renewed from time to time.
The different types of trademarks are:                                                                

Product Mark
The Product Mark is a unique selling feature which caters in identifying the products or
goods in place of services.
Firstly, the product marks are represented by the TM, which shows that the mark is not
registered yet but it is in process of registration
On completion of the registration procedure, they have to use ® to give it recognition
in the market 
This method is very common and applicable to all the types of trademarks. Examples:
Pepsi®, Maggi® etc.

Service Mark
Service Mark is used to make a distinction between services rather than the
goods provided by the company.
SM is used for Service Mark. For example, McDonald’s use the service marks for
their services.

Collective Mark
Collective Marks are marks related to a group of people and not to a specific
product or service. These are mainly owned by organizations and institutes that
relate to many people. For example, CS devise is commonly used by Chartered
Accountant and Company Secretary under the Institute of Company
Secretaries.

Certification Mark
This is created to show the standard of a company i.e. it is to demonstrate that
the services provided are certified and they meet the required criteria.  The ISI
mark found on many industrial items is an example of certification mark.
Shape Mark
The shape mark helps to make a distinction between different products.

Sound Mark
A sound mark was introduced for registration of sound graphics which will
further help the user to choose correct services and good. One of the famous
examples can be the tune of Nokia Mobile Phones

Benefits of registering trademark are as follows:

            

        
Trademark Registration Process 

                          

         

Steps for Trademark registration and time taken to complete the registration are
as follows: 

Step 1
Trademark search - Around 1-2 Working hours

Step 2
Drafting of Authorization letter - Around 1 Working hours
Step 3
Application of Trademark – Around 1-2 Working day

Step 4
Trademark Registration – Around 18-24 months

Difference in Trademark and Copyright

Trademark                            Copyright

 

Trademark is application Copyright is application to the words and the

to any word or slogan or slogans etc. Copyright can be used for
symbol etc. photographs, and movies etc.
   

Generally the business Copyright is required by creative professionals.

owners apply for
 
trademark.
 

It last for 10 years. Copyright is valid for a duration of 60 years from

the publication date or the lifetime of person +
60 years.
 Why choose LawyerINC? What are the services offered by LawyerINC?

                          

        
How does LawyerINC help with trademark Registration?

Trademark search
We will provide help in your trademark search by conducting the search using
trademark (™) director. A detailed checkup will be done on the trademark
logo and the brand name to ensure that it is not previously registered by
anyone. If it is found to be unique we’ll further initiate the next step. And if the
trademark examiner raises objections on the basis of findings, then here at
LawyerINC we can help to remove objection by filing reply to the objection.
(Please note that we do have a different package for Trademark Objection,
Opposition, Assignment or any other different services related to trademark).
During the trademark registration procedure, the most essential step is to
advertise trademark journal by the registrar. After this the registrar gives third
parties to file opposition, if any with a time span of 4 months from the date of
publication of advertisement. The main intention behind this, to enable the
public to raise opposition and after someone raises objections, the status will
change to opposed. The application can be made by us for removal of
trademark opposition or reply. We’ll provide free consultation for any enquiry
you have in case you face trademark opposition.

Class selection
While applying for trademark registration, we need to apply it under the
correct classification of classes. Here at LawyerINC, we help you choose the
right class. In total there are 45 different classes by the Trademark Registry. Every
trademark should be registered under the appropriate class. For example, Class
3 covers diverse cosmetic products and preparations like perfumes, soaps, and
essential oils etc. Hence, if one is planning to launch a new perfume, you need
to apply under class 3.
Preparing the application
After we ensure that your trademark is unique and can be registered, we
proceed further and prepare the authorization letter. This gives LawyerINC the
right to make the trademark registration on your behalf. The letter needs to be
signed and returned back. We’ll further update you about the whole process
until the registration is complete.     
  

                               
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