A trademark is a crucial identification name, logo or brand name for your products or services, which gives you a unique identification anywhere in the world. Trademark not necessarily a logo, an it can be a name, brand name, product or something which want to have complete rights on. Trademark is a unique expressive term, image or logo, which shows an iconic representation of brand products and services, the specific trademark of each brand separates’ it from other competitors in the market.
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Who can apply for Trademark Registration?
Anyone can apply for the trademark registration in India who claiming the ownership of the products, service or goods, which he/her/company wants to use under that trademark. You must agree for using the trademark while filing the application for registration.
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Do we need to provide any Proof of use?
No, using the trademark on your services, products or goods before registering it is not mandatory.
Why A Star Group Best For Trademark Registration Services
we are register from Government OF India as Trademark Attorney .
For every trademark registration application there will be availability check which takes time for confirming the availability, we AStar Group Registration service providers can help you to check the availability of the trademark by going through the large public databases to check anyone else registered the trademark before.
Is trademark registration is mandatory to use it?
No, you can use the un-registered trademark for works but you can’t use a registered trademark for your works. It is not mandatory to register the trademark for business, goods or products but it is advised to register to eliminate/avoid future issues.
What can be registered under trademark?
The following list of things can be registered
- Goods and services
- Colour mixes
- 3D marks
Can filing an application confirm trademark allotted for applicant?
No, the govt will accept your application but after that there involves steps like search for trademark, eligibility of applicant, mistakes in application forms, any unlawful and other things. There are chance to reject your application for trademark registration on few grounds like relative grounds, absolute grounds, deceiving trademarks, confusing and scandalous matter.
What if the trademark not available or someone else registered?
No compelling reason to stress. In the event that your trademark image or name is taken, you can set up a Logo Composite Mark by consolidating your logo and your name, and apply as one. This is a typical procedure used to apply for a trademark, regardless of whether the exchange name itself has been taken.
Is this process is simple as it sound?
No, it involves several crucial steps from filing an application, documentation, filing statements and few other important steps. Messing up with anyone these steps will trouble the entire application procedure, more over its time waste because of the mistakes. It is advised to consult with trademark registration service provider.
Where do I have to file an application in India?
You can file the application online and offline, to file an online or offline application just contact us, we are professional trademark registration service providers in india. However, you file an application in intellectual property offices located in Chennai, Mumbai, Kolkata, Ahmadabad and Delhi depending on the jurisdiction of your (owner) area.
What are the benefits of registering a trademark?
In the event of an enlisted trademark, an activity for encroachment lies where the distressed can look for common and criminal reliefs. Other such as legal protection, unique identity are top benefits.
What are needs to submit?
There is a list of documents you need to submit for filing an application; it depends on nature of the registration such as individual or partnership kind of ownership. Along with all the basic documents such name, address, nationality and firm name, you need to submit some other crucial documents which need to be evaluated based on trademark. Instead you can give us an authorisation letter to file an application on behalf of you. We will guide completely and after careful evaluation will collect the necessary documentation.
How much time will it take to get trademark?
The trademark registration application process is done right away. It should be possible within a couple of hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 months to two years, to affirm the enlistment and give you the affirmed Registration Certificate for your trademark. You would then be able to utilize the ® image by your name.
Benefit of Trademark Registration
- Constructive notice of ownership of the Trademark .
- ™ and ® is Prestige of your Brand and your Company.
- Its ownership and get exclusive rights over your trademark.
- You can sale your Trademark ™ and ® and/or give license to other company to use your Trademark and get Royalty for the same.
- The exclusive right to use the registered mark in commerce in connection with the goods or services specified in the registration.
- Establish the Goodwill and incontestability of rights in the registered mark .
- No one can make a copy of your trademark; if someone copy then you can take legal action against them and ask for damages..
- Sue for counterfeiting of the registered mark and to obtain both civil and criminal penalties against counterfeiters .
- Similar advantages can be obtained from registering a trademark in most other countries of the world. In some countries, a registration is a requirement for any enforcement activities. Since the advantages necessarily vary from country to country.
Meaning of the Symbols
- A ™ is usually used to indicate an unregistered trademark. It is an informal notification that there is a public claim as a trademark.
- An SM represents an unregistered service mark. It is also an informal notification that there is a public claim as a service mark.
The ® (commonly pronounced “R-in-a-circle” or “Circle-R”) is a warning notice to advise the public that the mark is registered and their use provides legal benefits. This notice can be used only with registered marks. Use of a ® with any unregistered trademark may result in claims of fraud. Several other countries also use the ® symbol to indicate that a trademark or service mark is registered in their respective systems.
Duration of process of Registration
Time taken for application for registration is 7 working days from the time you appoint us for the work. Time taken for certificate of Registration of trademark is about 18 to 30 months.
Steps of Process of Trade Mark
The following steps are involved for trademark registration:
- Search has to be made.
- In case the search result is positive, we make application for trademark in form TM – 1.
- Once application is made, the acknowledge copy of Additional Representation is received from Trade Mark department.
- The next step is getting examination report and formality check report from the department wherein any objection or clarification is sought by the department
- A reply has to be made for the same within 1 month and 15 days respectively..
- If the TM department is satisfied, the mark is advertised before acceptance in the trade mark department.
- In case they still are unsatisfied with the reply, they call for hearing upon which it is decided whether the case is fit for advertisement or not..
- Once the mark is advertised in trademark journal, there is 4 months time for others to object the mark..
- If no objection is received in 4 months time, the Registrar issues the certificate of registration..
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