A trademark is unique symbol or word which is used to represent your business products or services and also differentiates your product from others. By trade marking your company’s name, you protect your brand, and its reputation from other fake/duplicate brands in the market.
Also in case of any infringement of the trademark by any third party legal action can be taken by the owner of the trademark. Following are the steps for online registration of trademark:
1. First of all the check that the word/logo user want to register for trademark is not used by anyone else.
This can be done using the following link.
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Next, in which class your business falls in using the following link
https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm
2. Ater that user should register at the E-Filing portal as a proprietor, agent or attorney by filling up the required information in a form and adding a class III Digital Signature Certificate (DSC).
3. After the completion of the registration process, the user would receive a confirmation mail contining the link that can be used to log in the account.
4. After successful registration, user should fill form TM-A and make payment by clicking on the “Payment” link on homepage and choose the payment gateway e.g. NEFT, Credit Card etc. An acknowledgement will be automatically generated after successful payment.
5. The Receipt for payment can be obtained from Payment History by clicking on “Generate Receipt” option after two working days.
Once a trademark application is complete, your application will be verified by the trademarks office. Trademark registry examines the trade name & logo in accordance with the provision of trademark act. And if no objection is raised then it publishes the brand name in trademark journal of India.
If any objection is raised by the department then that needs to be responded within 30 days normally, however a deadline for responding to the report of will be mentioned at the end of the report.
Symbol “TM” can be used after filing of a trademark application. “R” should be used only after registration of a trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate
Documents required for Registration
For Individuals
1. Copy of Logo/Word (Optional)
2. Signed Form-48. (In case application is filed by attorney or agent)
3. Identity Proof of the individual or Proprietor.
4. Address Proof of the individual or Proprietor.
Partnership / LLP / Company
1. Copy of Logo (Optional)
2. Signed Form-48.
3. Udyog Aadhar Registration Certificate. (Required only if user claim to be small enterprise)
4. Incorporation Certificate or Partnership Deed.
5. Identity Proof of Signatory.
6. Address Proof of Signatory.
7. Board resolution (In case of company).
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