Trademarks

What is a Trademark?

A trademark, which can take the form of an emblem, phrase, word, symbol, or image, serves as the representation of your brand. Legally, it distinguishes your products and services from those of your competitors. More significantly, it aids consumers in recognizing your brand through elements such as the logo, slogan, packaging, scent, colour scheme, or other distinctive attributes that define it. Trademarks are acknowledged as the intellectual property of their possessor, and their utilization in business activities dictates ownership of the trademark.

You invest considerable effort in shaping your brand, and it's crucial to secure exclusive control over everything associated with it. Thankfully, the Trademark Act of 1999 in India offers the opportunity to officially register a trademark. This registration bestows upon a company or an individual the exclusive rights and forbids others from utilizing the owner's products or services without their consent.

Exclusivity of Rights: Upon registering a trademark, the owner has exclusive rights to the intellectual property related to the specified goods or services outlined in the registration certificate. If necessary, these rights can be transferred or licensed to others.

Establishing Trust and Goodwill: Trademarks serve as a clear indicator of the origin of goods or services. Over time, customers come to associate the brand with its source, strengthening the reputation and goodwill of the business.

Creating Valuable Assets: The value of a registered trademark often appreciates alongside the growth of the business, sometimes surpassing the worth of the company's tangible assets. Registering a trademark, therefore, results in the creation of an asset that continually appreciates in value.

Use of the ® Symbol: Once a trademark is officially registered, you are authorized to use the ® symbol alongside your brand name or logo. This symbol signifies that your trademark is registered and cannot be used without your consent.

Protection Against Infringement: While unregistered trademarks do offer some legal protection, registered trademarks enjoy enhanced safeguarding. Owners of registered trademarks have the authority to initiate legal action if their trademark is infringed upon.

Long-Term and Economical Safeguarding: Our services have made trademark registration more cost-effective in India. Once registered, a trademark remains valid for ten years and can be renewed. This affords you the protection of your trademark at one of the most budget-friendly rates in the country.

Applicant Verification Documentation
Presentation of the PAN Card and Address Proof of the applicant. For entities other than individual applicants, the submission of the Certificate of Registration is necessary.

Brand Name and Logo Requirements
The logo must prominently feature the brand name for trademark registration.

User Declaration Affidavit
If a specific date of user rights is to be claimed, it is imperative to furnish a user affidavit.

Evidence of Trademark Use
To substantiate a specific user date claim, supporting documentary evidence such as invoices, registration certificates, and related documents featuring the brand name must be included.

MSME or Start-up Recognition
Partnership firms and other non-individual entities are eligible for a 50% fee rebate on Government charges if they can provide a certificate of registration under the MSME or Start-up India scheme.

Form TM-48 Authorization
Form TM-48 is a legally binding document authorizing an attorney to submit the trademark application on your behalf to the trademark registry. This document will be prepared by legal professionals at LW for your signature.

Stage 1: Submission of Trademark Application
Once we have received all the necessary documents and payment, we initiate the filing of your Trademark Application within a 24-hour window. This online process generates an acknowledgement receipt immediately, granting you the right to utilize the TM symbol alongside your trademark.

Stage 2: Application Processing at the Trademark Office
After filing, the application undergoes a meticulous examination for potential flaws. Based on this evaluation, the application is either flagged for further scrutiny or defects are pinpointed for rectification.

Stage 3: Assessment of the Trademark Application
A qualified trademark examiner meticulously assesses the application to determine its suitability for registration. Following the examination, a comprehensive report is issued, outlining the examiner's observations.

Stage 4: Response to the Examiner's Report
Within 30 days of receiving the examination report, the applicant is required to provide a comprehensive response. It's essential to furnish a substantial reply, including pertinent information and documents, as this response can significantly impact the application's success.

Stage 5: Show Cause Hearing
In instances where the examiner remains unsatisfied with the written reply, the applicant is granted an opportunity for a personal hearing, referred to as the "show cause hearing."

Stage 6: Publication of the Trademark
Upon the examiner's contentment with the application's eligibility, whether after the examination stage or the show cause hearing, the trademark application is published in the Trademark Journal. If no opposition is received within 90 days from the date of publication, the trademark is officially registered.

Stage 7: Issuance of the Trademark Registration Certificate
Finally, the Registrar of Trademarks issues a certificate of registration. This certificate holds a validity period of ten years from the application date and can be renewed for subsequent ten-year terms.

FAQs

Frequently Asked Questions