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A trademark is a registration of text,color, logo under ipr department for secure future of business. A trademark registration of word or logo can be represented brand name in the form of your company’s logo or a signature. Through a registered brand name registration or logo registration, you can protect your brand (or “mark”) by restricting other people or corporate from using its name or logo. Once acquired, a person or corporate can hold as long as for 10 years. Because a registered trade mark is a form of Intellectual Property, you can license or assign it to others for use as brand.

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ADVANTAGE OF TRADEMARK REGISTRATION IN INDIA :

1.  You can protect your brand name or logo by restricting other people from using its name or logo.

2. Once registered, A trademark will be valid for next 10 years from the date of apply for trademark.

3. Once trademark or brand name registered, Intellectual Property Right(IPR) Department will issue brand name registration certificate to company or individual for 10 years who applied.

4. You can distinguish your business’ goods or services from those of other traders if you can apply for trademark.

Time Duration :

    1. TM-1 –Details of Trademark - 1 Day
    2. TM-48- Power of Attorney - 1 Day
    3. TM Temporary Receipt - 1 Day
    4. TM Number – Same Days
    5. Certificate of Registered Trademark - 9-15 Months

Document Required for online trademark brand registration:

1.List of Documents required in case of Logo Registration of Propertiorship Firm :-

  1. Proprietor ID & Address Proofs
  2. Firm Registration Proof
  3. Copy of Address Proof 
  4. High resolution Logo (soft copy)
  5. Date from which using trademark
  6. Class in which is to be to registered. (Class Sheet attached)
  7. Detailed Services 

2. List of Documents required in case of Trademark registration of Partnership firm  :

1. Partnership deed 

2. Pan Card of Partnership firm

3. Firm Registration Proof 

4. Id & address Proof of All partners

5. High resolution Logo (soft copy)

6. Date from which using trademark

7. Class in which is to be to registered. (Class Sheet attached)

8. Detailed Services 

3. List of Documents required in case of Brand Name Registration of Company:-

  1. Copy of MOA of the Company
  2. Board Resolution on the Letter head
  3. List of Directors on the Letter head
  4. Copy of Address Proof e.g., Form 18.
  5. High resolution Logo (soft copy)
  6. Date from which using trademark
  7. Class in which is to be to registered

What You Get :

  1. Certificate of Trademark ( It will take time 6-18 Months)
  2. TM Number and TM-A 
  3. TM Fees Receipt
  4. TM-48- Power of Attorney

Q1.WHAT ARE DIFFERENT TYPES OF TRADEMARKS THAT MAY BE REGISTERED?
 

  • 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.

  • 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.
     

Q2. WHAT ARE THE BENEFITS OF APPLY FOR TRADEMARK REGISTRATION? 
 

  • 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.

Q3. What is a definition of 'Startup' under Trade Marks Rules, 2015?

Ans:  “Startup” means

(i)  an entity in India recognised as a startup by the competent authority under Startup India initiative,

(ii) In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation / registration as per Startup India Initiative and submitting declaration to that effect.   

Q4. What is a definition of 'Small Enterprise' under Trade Marks Rules, 2015?

Ans: "Small Enterprise" means:

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit of ten crore rupees mentioned under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises(MSME) Development Act, 2006 and  

(ii) In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit of five crore rupees mentioned under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. 

(iii)  In case of a foreign enterprise, an enterprise which fulfills the requirements as mentioned in clauses (i) and (ii) above. 

Q. What's a benefit under trademark registration, if our company registered under startup or msme?

Ans: Under Treademark registration, A department is devide applicant in four types:

(i) Individual/Sole Proprietor

(ii) Startup : Registered under Startup Initative by Modi Ji

(iii) Small Enterprises : Firm or Company registered under MSME or Udyog Adhaar as a small firm.

(iv) Others;

The IPR Department prescribed fees for applicant in two types :

(1) Rs. 4500  [ For (i) Individual/Sole Proprietor (ii) Startup (iii) Small Enterprises ]

(2) Rs. 9000 [ For (iv) others.]

 

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