Online Trademark Registration
Secure your brand name without any hassle. Get it with Senixa at INR 6199/- only.
Secure your brand name without any hassle. Get it with Senixa at INR 6199/- only.
A Trademark can be defined as a unique identity, legally registered or established by use as representing a company or product which uniquely stand out among the rest. Unique identity may be a logo, photograph, slogan, word, sound, smell, color combination, or graphics. Usually, businesses look for the trademark of logo or name only. According to the Indian laws, Trademark is an asset for the proprietor and this must be protected by Trademark Registration.
In India, you can register trademarks by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing the expiry date, you can always get it re-registered for another ten years.
Trademark symbols and their usages
• R Symbol: Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
• ™ Symbol: The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.
• SM Symbol: The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.
Why is Trademark Registration important in India?
• As you sold your product/service under a registered trademark, it creates a great Business Opportunity. It helps businesses to create trust, reliability, quality, and goodwill in the minds of customers.
• Provides legal protection of your logo, brand name, or slogan.
• Give your product/service a unique identity among the rest.
• It can be a valuable asset in case your brand creates a name and succeeds.
• Global Filing of Trademark
Give your brand name a unique identity with the registration of the Trademark at senixalegal.com. We help you with online registration of the trademark in India at a very affordable and reliable price. To know how to get Trademark Registration to call us on +91-9999347181 or you can mail us at info@senixalegal.com.
Complete a simple checklist and take a search to finalize a class.
Submit the documents
Application for Trademark Registration.
Start using TM
A compliance manager will get in touch with you to collect your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for verification. Our team of experts will verify the documents provided by you and take the procedure further. The compliance manager dedicated to you will keep you updated on the progress of Company Registration throughout the process.
Once your documents along with Checklist are submitted, we shall proceed with the application of your Digital Signature and subsequently the approval of name for your Private Limited Company. You may suggest up to three names of your choice. Names should be unique and suggestive of the Company’s business. We will proceed with application for name for your Private Limited Company in Part A of SPICe Plus form.
We will draft the MOA (Memorandum of association) and AOA (Articles of association). We will file the incorporation documents with MCA through in part B of a form called “SPICe Plus (SPICe +)” along with the subscription statement. Usually, MCA approves the forms within 4-5 days once filed and issues Incorporation Certificate with CIN. PAN & TAN are allotted alongside. You may then proceed to open your Company Bank Account.
My Company Name is already registered under the Companies Act Why should I go for the trademark registration of my company name trade name?
Registrations of Company Names, Business Names, or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.
What is a Class?
Trademark attorneys and examiners arrange trademark applications according to the description and classes of goods or services to which the trademarks apply. Trademark in India is classified in about 45 different Classes. See Trademark All Classes here.
When can I use the “TM” Symbol?
As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
I have a trademark registered in India. How can I apply for the same trademark in other countries?
You can very well do this through the Madrid Protocol. This is a highly technical process and requires a thorough search. IP experts at senixalegal.com will help you apply for a Trademark in any country through Madrid. Drop an inquiry at info@senixalegal.com for more details.
What if someone has a similar word trademarked?
You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.
Does an application for a trademark guarantee that it will be registered?
A unique name or logo has the highest chance of getting registration. However, it solely depends on the ministry to grant registration.
Should I apply for a Trademark in my own name or my company’s name?
Well, both are possible and permissible. It depends on how old your company is and many other factors. Usually, startups get a Trademark Registered in the promoter (owner) name. Larger businesses get Trademarks done on Company name.
Can I ® use the symbol once applied?
You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Kindly note that it is an offense, with a penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.
Is the registration of trademark compulsory?
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
What can be registered as a trademark in India?
Following marks can be registered under Indian Trademark Law:
• Names
• Invented words
• Numerals
• Letters
• Devices
• Combination of Colors
• Shape of goods
• Slogans
• Signatures
• Sound marks
What are the qualities of a good trademark?
• Easy to pronounce, spell, remember
• Should be distinctive and should not have deceptive similarity
• Should not be descriptive
Can sound and Smell be registered as a trademark in India?
Yes, sound and smell can be registered as a trademark in India under the Indian Trademark Law.
What is a service mark?
Service is the same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.
Still, have confusion?
Don’t worry!! Our expert will help you to choose the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@senixalegal.com or call us @+91 9999347181.
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