Trademark Registration - Gurgaon NCR

What is Trademark?



A trademark is a brand name, image, symbol or logo which represents your product, Organization or services. Trademark can be a symbol, shape, word, letter, number, phrase or combination thereof. A distinctive brand name or logo is used to separate your product/service as distinct from the rest of the business providing the same service as you in the industry. To get legal protection for your brand name or logo you need to get it registered.



Why to Register a Trademark?



A trademark is a brand name. A trademark also called service mark includes any word, name, symbol, word, name, symbol, device, or, any combination or expected to be utilized to recognize and distinguish the goods/services of one dealer or supplier from those of others and to demonstrate the source of the products/services.



Trademark registration process:



1. In the office of the trademark registry, a person will file an application for registration for claiming to be the proprietors of a trademark.

2. A Registrar then will examine the application submitted to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and then examination report is issued.

3. Publication of the application after and before acceptance of the application in the trademark journal.

4. If any person gives notice of his opposition to the registration after publication within 3 months which may be extended to the maximum of one month.

5. If the opposition has been decided in favors of the applicant of the registration of a trademark, the registrar shall register the trademark.

6. On the registration of the trademark, the registrar shall issue to the applicant a trademark registration.



How to select a trademark?



o A word, letter, design, symbol, logo, or any combination of letters thereof simple in design.

o If it is a word it should be easy to speak, spell and remember.

o Words which are laudatory or which directly describes the character or quality of the goods should not be adopted.



What kind of trademark should be adopted?



o Arbitrary: Arbitrary has some type of dictionary definition before being adopted as a trademark. The trademarks are used in connection with products or services unrelated to the meaning.

o Fanciful: A trademark is fanciful if it was invented for the sole purpose of being a trademark, such that it has no other meaning whatsoever.it provides the greatest amount of trademark protection.

o Suggestive: Marks that suggest a quality or characteristic of the goods and services.

o Descriptive: Trademarks used to merely describes the services or goods where the mark is being used. It cannot be registered as a trademark because it is inherently weak. It is possible to register descriptive trademarks if in case you can achieve a secondary meaning for the trademark, secondary means, and the mark is descriptive on its face, consumers are able to recognize the mark as being able to indicate a source of goods or services.

o Generic: These are not the trademarks at all because a generic mark is a common name for the products or services.



What are the documents required for trademark registration services?



During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.

1.Individuals & Sole Proprietorship: it includes

• Copy of the logo, preferably in black & white.

• Signed Form-48.

• Identity Proof of the individual or Proprietor.

• Address Proof of the individual or Proprietor.

2. Partnership / LLP / Company – Small Enterprise or Startup: the lower trademark fee of Rs.4500 is applicable and trademark registration fee varies between Rs.4500 to Rs.9500.

Partnership / LLP / Company

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

• Copy of Logo (Optional)

• Signed Form-48.

• Udyog Aadhar Registration Certificate.

• Incorporation Certificate or Partnership Deed.

• Identity Proof of Signatory.

• Address Proof of Signatory.



How Trademarks is Different from Copyrights?



A Trademark identifies a commercial service or product whereas Trade names, also known as business names, and copyrights are used to protect original works of expression. And a logo design may need to be protected by both trademark law and copyright law.



What is the purpose of trademark firm law?

The main purpose of trademark Firm Law is:

• It helps customers distinguish between goods and products.

• It protects the owner's investment and reputation.



Value of a trademark registration:

1. A marketing tool.

2. A source of revenue through licensing.

3. A crucial component of franchising agreements.

4. Useful for obtaining banks or third-party finance.

5. A valuable business asset.



Now register a unique identity for your business with Trademark Law Consultants in Gurgaon NCR. Scroll uo the page to get details of best Trademark Registration Consultants.