Trademark Registration

Remembering Idea is the difficult part,
Protecting them is an easy Part

Startup @ Rs. 5500/- (all inclusive)

Trademark Registration

After registering a company the most important task is trademark registration and logo registration. In simple words, trademark registration is like brand registration which makes your brand hold its unique identity amidst the pool of others. The reason trademark registration becomes important is because it gives a unique identity to your brand, helps people identify your company and at the same time, there are many competitors who would be working in the similar domain, getting the a registered trademarkwill help you prevent your name being used by your competitors.


A registered trademark is an intangible asset for your business. After you have made an application for trademark registration it takes 3 days for the department to assign it to you but it takes almost 1.5 years for complete registration so that you can use it.


What is a trademark ?


As mentioned above trademark can be any unique expression which helps in distinguishing it from the others. It can be a symbol, word, picture, name, label, a device or numerals which can help you distinguish your company from the others.


It won't be wrong to say that a trademark is like a silent salesperson and your legal umbrella protecting your brand 24*7. An important point to note here is that, if only you have registered trademark under the Trademark Act,1999, only then you can sue a company who intends to damages or infringes your trademark.

Why should you get a trademark registered?

Empressalegal suggests that you should get a registered trademark as soon as you plan to register your company because it offers myriads of benefits to your company and here we enlist the number of advantages:

It works as the salesperson of your company – Any company is recognised by its name or logo. Trademark name or a trademark logo is working 24*7, 365 days to promote your brand and helps it gain recognition and easy top of the mind recall and hence, it becomes even more important to get the logo registration ortrademark registration done.
Legal Umbrella- The best part of getting a trademark name is that it gives your company the legal protect against infringements. Nobody can misuse the name of your company or brand. Furthermore, if only you have a registered trademark, only then you can sue other company, in case they have misused your company's name or logo.
Asset creation - Well, a registered trademark is a kind of intellectual property which allows the company to sell or franchise or allow it to be used by another party on a contract basis.
Creation of Goodwill- A registered trademark brings unique to your business, it helps in creating a sense of trust in the mind of the customer.

What can be a trademark?

Name

It can be a personal name or surname of the applicant or the signature of the person.

Number

Alphanumeric or just numerals can be a logo.

Word

A word can also be a trademark. For example, Google.

Image/Logo

Any image, monogram,logo, 3-D shapes router can form a trademark.

Who can apply for a Trademark

Company

Individual

Proprietor

Society

It is advisable to register a trademark as an individual. In the case of o a proprietary or a company, if it gets closed for some reason, the trademark is invalid, which is not the case when its registered as an individual.

Trademark Registration Steps:

Trademark Search

Empressalegal helps in trademark search which is unique, we will suggest you options like trademark name, trademark logo or you can suggest your own. We help in registering it for your and make sure that your trademark a name or logo which is unique and catchy too.

Creating Application for Trademark Application

Once you approve the name or design, we will be sending you an authorization letter which has to be signed by you and send it back to us. This is to ensure that you are allowing Empressalaegal to carry out trademark registration process for you.

Application Submission

After receiving the letter we will file the application. After this, you can start using™ the symbol. Empressalegal will provide you the TM application number.

Trademark Registration

This takes a long time of 1.5 years, during this period your trademark application is verified. Government carries out due to diligence to ensure that it is not copied or hurts any religious sentiments or it matches the logo of any other company.After it clears all the step, the trademark gets registered in the next 6 months. We will constantly keep you posted with the status of your application.

Hearing before Registrar

In the case of any object raised by the trademark department, the hearing is held before the registrar and all this will be taken care by us.

Advantages of Trademark Registration

Constructive Notice


Registered Trademark gives a constructive notice to outsiders the ownership right of the mark or logo.

Increases Value of your Brand


A registered trademark establishes consumer brand loyalty, and hence creates goodwill for your business.

Distinguish goods and services


Trademark distinguishes the good and services from competitors and establish consumer’s loyalty.

Prohibit others to use similar mark


A trademark which is registered with the authority is much secure and its prohibits others to use the same or similar marks.

Damage for Infringement


Trademark Act, 1999 gives the right to the owner to sue the person and claim damage for infringement or unauthorized use his registered Trade mark without permission.

Assignment and Transmission


The owner of trademark can assign and transmit a registered trademark to any other person in return of some consideration.

Comparision Chart (Trademark Vs Copyright)

Criteria
Trademark
Copyright
Benefits Exclusive right to the mark and provides
public notice of ownership
Gives public notice to outsiders the ownership
and allow the Copyright holder to bring
suit for infringement.
Protection Registering under Trademark act protects Name,
word, symbol, Logos. It also identifies business
and brand.
Registering under Copyright act, gives protection for
creative works such as books, movies, songs,
paintings, photographs, choreography, architectural
works, sound recordings.
Duration of Registration Once registered it shall be renewed in
every ten years.
Different duration prescribed for different works, but,
for literary, dramatic, musical and artistic works,
the duration is for Lifetime plus additional Sixty
years after the death of the owner.
Assignment and Transmission The owner of Trademark can assign or
transmit a registered Trademark to any other
person in return of some consideration
The owner of Copyright or prospective owner
can assign or transmit Copyright of any
work to any other person in return
of some consideration
Damage for Infringement The owner can sue the person and
claim damage for infringement or unauthorized use
his registered Trademark.
The owner can sue the person and
claim damage for infringement or unauthorized use
of his work

Trademark Registration

Basic
  • Inclusive of Government fees
  • Rs. 5,500
  • Filing of Trademark Application with Single Class.
  • Advice on selecting Class, for Registration.
  • Regular Updates on Trademark application status.
  • Order Now
Standard
  • Inclusive of Government fees
  • Rs. 10,000
  • Includes all services of Basic Package.
  • Filing of replies of Examination Reports.
  • Appear before registrar upto 2 hearing.
  • Order Now
Premium
  • Inclusive of Government fees
  • Rs. 15,000
  • Includes all services of Basic and Standard package.
  • Appear before registrar upto
    Registration of Trademark and getting
    Registration Certificate
  • Order Now

Common Questions - Trademark Registration


No, by mere filing of Trademark application does not make your Brand registered. After filing the application for registration, it goes through a various process with the Registrar of Trademarks before granting certificate of registration.
Yes, after filing the application with the Registrar of Trademark, you can use TM symbol with the name on you product.
After the documents are filed with Registrar of Trademark, it is sent for examination, published in journal for public objections if any. If there is any objection, hearing is allowed to both the parties, if no objection is received, application id processed for registration. The whole process takes around 18 to 24 months to get certificate of Registration.
After getting certificate of registration you can use ® Symbol along with the name of your product.
The registration of a Trademark creates goodwill of the product and the product is easily identified by the consumer. It also adds as a helping hand to the customers in buying the original product. Moreover registration gives the owner exclusive right to the use the Trademark in relation to the goods or services. . The owner of mark can also seek the relief of infringement of his mark made by other person.
Yes, the registration of Trademark is valid for a period of ten years, from the date of registration and may be renewed from time to time.
Yes, the owner of Trademark can assign and transmit a registered Trademark to any other person in return of some consideration.
No, Separate applications for registration will be filed for multiple class of Word or Mark.

Why EmpressaLegal


Professional Team:

Our team includes Company Secretaries, Chartered Accountants, Cost Accountants, and advocates who gives high quality of work. They are excel in the area of our work. Our teams intent to answer all your questions, doubt before you choose any services, they will explain all the options available to you.


We care about what we do:

We value our customer and care about their precious time. Client satisfaction really matters to us. Our team will always be in touch with you, until your assignment get completed. This is partly professional pride, partly personal ethics


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