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Trademark Registration

Stops Involved In Trade Mark Registration

Understand the process

To register your trademark you must file an application with USPTO

Conduct a trademark search

Before you file your trademark application with the USPTO, you should conduct a trademark search in order to make sure that no one else has filed the same trademark. You can also conduct a registered trademark search yourself by going to USPTO.

Complete and file a trademark application

You can absolute an application for your trademark online at the USPTO, then you should file a trademark application.

Monitor your application

It is very important to visit the USPTO website every two months after you file your trademark application to ensure that you do not need to respond to any Office Actions

Final Registration

Approximately 8-12 months after you originally file your trademark application. When the U.S. Government approves your trademark application, you will obtain a trademark registration certificate in the mail from USPTO. This trademark registration certificate will comprise instructions on the requirements to keep your trademark registration active.

Procedure For Trademark Registration

A Trademark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three dimensional shapes and sometimes sounds and gestures.
A trademark is therefore a "badge" of trade origin. It is used as a marketing tool so that customers can recognize the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.

What marks are Registrable in India?

All marks used in the trade are not registrable. The trademark law does not provide for the registration of all marks used in trade and business. Marks those satisfy certain requirements are only registrable. Therefore a mark which satisfies the prescribed requirements could be registered. Here it is very pertinent to know the requirements that a mark should satisfy for registration. The requirements that a mark should satisfy are as follows.

The mark should be capable of being represented graphically.
The mark should be capable of distinguishing the goods or services of one from those of others.
The mark must be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and services.

WHAT IS THE EXACT PROCEDURE TO GET THE BRANDS REGISTERED AND TIME FRAME??

One has to get registered at the respective country if they need a protection at the each country.
In India the application for registration of trademarks/service marks has to be filed under the Trademarks Act, 1999 with the Trademark Registry, Government of India at the respective jurisdiction (New Delhi, Calcutta, Mumbai, Ahmadabad, or Chennai).
Prior to filing applications for registration, it is better to conduct an official search online to determine whether any identical or similar mark exists on the records of the Trademarks registry.
Application can be made to all your Trademarks and has to be made under the relevant class of goods or services. If the mark falls under more than one class, separate applications can be filed under the relevant classes. It is also allowed to file combined (joint) application provided you have to pay the total fees to the Govt. as applicable.
The process for seeking registration is that application has to be made with the Trademark Registry, after which the application would be numbered. The application is further processed to be examined, published and granted. At any stage one can use ‘TM’. However one is allowed to use “R” within bracket only after the registration.
The normal duration for obtaining registration in India is approximately 18-24 months from the date of filing application in a straight forward case. This would however depend on the contingent factors of the case.

WHAT WILL BE THE APPLICATION PROCESS?? Trademark Application Process Particulars Duration

Step-1: TM Application & Acknowledgement 3-5 Days

Step-2: Examination Report (Normal Mode) 12-15 Months
Examination Report (Urgent Mode)** 6-8 Months

Step-3: Hearing Date & Issue of Order 2 Months from the date of examination report

Step-4: Trademark will be published in the Trademark Journal 3-6 Months from the date of Hearing

Step-5: Trademark Certificate
4 Months after publication in the TM
1. Journal in case of no public opposition,

In order to register your trade mark the following are the steps / procedure to be taken:

Identify the Mark / Logo to be registered as Trade Mark.
Search with Trade Mark Registry for the availably of Trade Name / Mark for registration.
Identifying the Class under which the Trade Mark to be registered.
Filing the application with Trade Marks Registry.
Obtaining the acknowledgement form Trade Marks Registry.

After issuing the acknowledgment, Trade Marks Registry will issue the first examination report (minimum 3 months required) and there is no objection in that they publish the mark in the Trade Mark journal for public information (minimum 3 months required)and will call for objections if any up to 3 months If there is no objection from anyone, the Trade Marks Registry will issue the certificate of Trade Mark Registration.

We require the following information/Documents for filing trademark application. Full address of the applicant to prepare the forms for filing. The Image file of your trademark (if it a logo, label or composite mark).Evidence for the usage if any

Trademark Registration in India:

Trademark registrations are geographical in that, application has to be filed in each and every country where you want protection.
The application for registration of trademarks/service marks has to be filed under the Trademarks Act, 1999 with the Trademark Registry, Government of India.
Application can be made to all your Trademarks and has to be made under the relevant class of goods or services. If the mark falls under more than one class, separate applications can be filed under the relevant classes. Please provide us the list of products or services that you render. So that we can find out the most appropriate classes under which application should be made.
The process for seeking registration is that application has to be made with the Trademark Registry, after which the application would be numbered. Further to this you can use ‘TM’ to indicate that the application is pending registration. The application is further processed to be examined, published and granted. Please find enclosed the trademark registration procedure for your understanding [enclosed as Trademark procedure].
The normal duration for obtaining registration in India is approximately 18-24 months from the date of filing application in a straight forward case. This would however depend on the contingent factors of the case.
Prior to filing applications for registration, we can conduct an official search to determine whether any identical or similar mark exists on the records of the Trademarks Registry.
Cost involved in registration:

Cost for conducting official search (per mark/per class) is given below:
Normal Search [result within 30 days]

Government fees – Rs. 500/-
Professional Fees – Rs. 1500/-
Out of pocket expenses – Rs. 500/-

Expedited Search [result within 7 days]

Government fees – Rs. 2500/-
Professional Fees – Rs. 2000/-
Out of pocket expenses – Rs. 500/-

(Note: In our opinion, unless there is an urgency to register the trademarks, a normal search would suffice since the search report is usually issued within 10 – 15 working days.)

Cost for filing trademark application (per mark/per class) –

Professional Fees - Rs. 7000/-
Government Fees - Rs. 3500/-
Out of pocket expenses - Rs. 500/-

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Trademark Services

We make accessible trademark registration services in India at affordable price with complete customer satisfaction. Our trademark registration services are providing protection agreed by the government to the business entities as to reduce the possibility of getting the improvement of the business. We are providing trademark registration in India, which has given complete customer satisfaction by offering their services at affordable price according to client's supplies and expectations. Our main objective is to enhance the client satisfaction systematic providing trademark registration services in India.

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Trademark Renewal

A trade-mark registration is applicable for a period of 15 years and may be rehabilitated indefinitely for subsequent 15-year periods if it is not willingly cancelled at the request of the registered owner expunged from the Trade-marks Register by the Trade-marks disagreement Board, a delegated body of the Registrar under s. 45 of the Trade-Marks Act, or the Federal Court. In order to preserve a trade-mark registration on the Trade-marks Register, the registration should be transformed within a period of 15 years from the day of registration or last renewal. Pursuant to subs. 46(2) of the Trade-marks Act, the Registrar will matter a renewal notice to the registered owner and, where pertinent, its representative for service. Thus, it is probable to renew a trade-mark registration upon the payment of the prescribed fee at any time prior to the expiry of a 15-year period.

There are two main ways to renew trademark, which are given below:

By Filing a Renewal Application: If you want to make changes to any of our register entries relating to your trademark, you should apply for a renewal in writing.
By Paying a Renewal fee:If you do not want to transform any register entries, you renew the trademark by paying a renewal fee - you need not fill in any application. However, the receipt of your payment must contain the following information:

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Trademark Name

Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services.

Brand Name Vs Generic Name

Naming an invention involves developing at least two names. One name is the generic name. The other name is the brand name or trademark name. For example, Pepsi ® and Coke ® are brand names or trademark names; cola or soda are the generic or product names. Big Mac ® and Whopper ® are brand names or trademark names; hamburger is the generic or product name. Nike ® and Reebok ® are brand names or trademark names; sneaker or athletic shoe are generic or product names.

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Trademark Protection

Intellectual Property is the most important part of the modern business. Intellectual property which is a combination of copyright, trademark, design, geographical indication, patent, industrial design, integrated circuit, is valuable assets of any company. IP can create healthy competition in the market; consequently the manufacturer and traders can develop their products more effectively.

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Business Registration