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Trademark Registration

Simply put, a trademark is a symbol that represents your business. A visual symbol such as a verbal signature, name, device, label, number, or color combination used by a trademark owner for goods or services or other commercial products to distinguish them from other similar products or services of different companies. A trademark can be any word, symbol, brand name, packaging, tagline, or combination thereof, and is used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owner's products or services from those of competitors. Anyone who is an individual, business, or legal entity claiming to be the owner of the trademark can apply. Trademark applications can be filed online and upon making a payment towards application, an acknowledgment number will be issued, after that one can start using the "TM" symbol. After receiving the application, the Registry will review the application and issue an examination report. In the examination report, if there are any observations, the applicant needs to give a suitable reply with supporting documents within 30 days from the date of receipt of the examination report. If the Registry is satisfied with the reply, the application will be published in Trademark Journal for the public to share comments if any. If no objections are received from the public, Trademark will be registered. Once registered, the applicant can use ® (registered symbol) next to your trademark. Once registered, the trademark is valid for 10 years from the filing date, renewable from time to time. Conducting a comprehensive Trademark Registration in Bangalore is crucial for businesses to ensure uniqueness and prevent potential conflicts with existing trademarks.

Different Types of Trademarks

  • A name (including personal or surname of the applicant or predecessor in business or the signature of the person).
  • A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Alphanumeric or letters or numerals or any combination thereof.
  • Image, symbol, monograms, 3-dimensional shapes, letters, etc.
    Sound marks in audio format.

Steps for trademark registration

Trademark Search

This search is used to verify if your company name or logo is similar to other registered trademarks. Usually, a trademark agent or attorney does this search with the Trademark Office to see if any similar trademarks have been registered in that particular category. Public search for the trade mark can be done at: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Vienna Codification Process

The Vienna Codification was established by the Vienna Agreement of 1973. It is an international classification of symbolic marks and elements. Since it is highly impractical to look through every single trademark to see if there is an infringement, the Vienna Codification simplifies the process by creating 29 broad categories that have been meticulously classified to make the process easier. For businesses considering trademark registration consultants in Bangalore, understanding the Vienna Codification process becomes essential to navigate the intricacies of international trademark classification effectively.

Create a trademark application

Based on the results of the research carried out, an application can be filed online along with enclosing Power of attorney, Affidavit and proof for usage of Trade Mark.

Trademark registration:

Cost: Government fees are Rs. 4,500/for individuals/startups/small businesses (will be 9,000 in all other cases)

Who is eligible for trademark registration?

  • Individuals
  • Joint Owners
  • Proprietorship Firm
  • Partnership Firm
  • Limited Liability
  • Partnership
  • Indian Company
  • Foreign Company
  • Trust or Society

Main Benefits

Intellectual Property Protection
The main benefit is the legal protection that the trademark guarantees. If anyone tries to misuse the company’s name, logo, etc. they can be successfully taken to court where the trademark registration will be upheld.
Powerful Deterrent
Once a trademark is registered, other entities will be deterred from using a similar name or logo. The trademark will appear in the registrar when a search is done and other entities will not want to create a trademark that is similar to one that already exists.
In the case of infringement, the owner of trademark is eligible to receive up to three times the damages from the infringer. As the owner of the trademark, the individual or company has the right to sue anyone who infringes upon their brand and will be awarded the decision. Without the trademark registration this is not possible.

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