Trademark Registration

Trademark Registration Process

The Step by step process of trademark registration are as follows –

• Trademark search

  Choose a unique brand name for your company by conducting search online. Finacbooks not only assist you in choosing logo & brand name but also ensure that the name you have selected should not match with any of the existing registered logo or brand name. In case logo or brand name you have selected is already registered by someone else, Finacbooks helps you in logo or brand name modification, assist you in choosing the right name and protect your application from cancellation.

• Choosing the right class

  As per the trademark registry, goods & services are divided into 45 different classes. You need to choose the right class before applying for trademark registration. Finacbooks helps you in registering the logo or brand name under the appropriate class. For ex – In case you are having a plan of launching a new toy brand in the market, you need to apply under class 28. Class 28 belongs to products & services related to games, toys & sports.

• Application preparation

  When you are satisfied that your brand name or logo is unique & not similar to any other registered brand name or logo, you can go forward with trademark registration. You need to submit the following supporting documents along with the trademark application -

  • Registration proof of the business
  • ID Proof & address proof of company’s directors
  • ID proof, PAN card, Aadhaar card of the proprietor (In case of sole proprietorship)
  • Soft copy of the trademark
  • Power of attorney signed by the applicant
  • Proof of claim of the proposed mark.

• Examining of Trademark application

  Once you will dispatch the application, it will be checked by the registrar to identify whether you are compliant with all the terms & conditions of the existing trademark law or not. Registrar also checks the application on the basis of conflict or dispute with any of the existing brand for trademark registration. FinacBooks suggest you to choose a unique logo or a brand name for your company.

• Brand publication in Indian trademark journals

  After examining the trademark application, brand name is published by registrar in the Indian trademark journal. If anybody does not oppose the brand name application within 3 months, the brand name is accepted and the registration is provided to the applicant.

• Issuance of trademark registration certificate

  If nobody opposes the filed application within the time period of 90 days, the trademark application will be accepted by the registrar & the trademark registration certificate is issued to the applicant along with the trademark registry seal. You can immediately use the registered trademark symbol after the brand name or symbol registration.

Who can all apply for a Trademark?

Any individual, sole proprietor, company or a legal entity claiming to be the trademark owner can apply for the trademark registration. In order to register trademark, application can be made by individuals, private firms, NGO’s & companies including public limited company, private limited company, partnership firm, LLP, OPC etc. You can file your trademark application to the front office counter of the nearby trademark office or it can be sent by post but the easiest way to apply for trademark registration is through e-filing process with the help of Finacbooks. The validity of trademark registration is 10 years.

What Can Be Trademarked?

There are different types of trademarks that are eligible for registration in India –

1. Any name including applicant’s name, surname, signature. It can be adopted as a mark in case it is not unusual for trade.
2. Letters or numerals or alphanumeric or any combination of letters thereof.
3. Sound marks in audio format
4. Any invented word or word in an arbitrary dictionary which not directly describe the character or quality of the goods or services.
5. Monograms
6. Goods shape or their packaging
7. Marks constituting 3 dimensional sign
8. Devices including fancy devices or symbols
9. Single color with combination of word or device or combination of color.

Trademark symbols and their usages

1. R symbol When you submit your trademark application for registration, R symbol is assigned to your trademark which gives you trademark protection so that nobody can copy it.
2. TM symbol TM symbol is used for unregistered trademarks. TM denotes trademark or mark that represents goods. It protects your logo, symbol or name. In case your application gets rejected, you will not be provided copyright protection and anybody else can use the proposed logo, symbol or name.
3. SM Symbol – SM symbol is used for service industry. This symbol is applicable on classes between 35 to 45.
4. C Symbol – C symbol is used for content registration. In this case, only those contents will get registered that are not having any copyright issue.