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Trademark is an identifiable mark which distinguishes the goods or services from other similar goods. Not only that but, it could also be a sign, design, expression, slogan, logo, graphic, sound, smell, word or name.
Likewise, Trademark registration enables the applicant to protect the company’s identity. The Trademark Registry has a list of 45 classes under which all types of goods and services are represented. The trademark applicant must mention in the application the type of goods and services the trademark will represent under one or more classes. And then finally, a trademark will be granted for that specific class of goods and services.
Registered trademarks are valid for 10 years from the date of filing. However, the trademark owner can file for renewal to keep the protection intact.
1. Trademark Search
At first, before going ahead with registration. Taxsavo professionals will carry out a TM search to check if the logo or brand name is available. Moreover, if you go ahead with your TM registry with Taxsavo, Our professionals make sure that an extensive search is carried out.
2. Selection of Class
Then every logo or brand name has to be registered under a specific class belonging to a specific sector of the industry. The TM Registry has classified services and goods under 45 classes. For instance, musical instruments are registered under Class- 14. On the other hand, Footwear is registered under Class- 25. Taxsavo professionals will suggest the appropriate classes you should register your product and services under the correct class based on the type of business it falls under.
3. Filling up of the TM registration form
The primary step towards TM registration is filing the TM application. After carrying out an extensive Trademark search that confirms the availability of the proposed Trademark. The applicant can file the application consequently.
Fundamentally, the application requires the name, address and legal status of the applicant in whose name the TM needs to be registered. Moreover, if the mark is a logo or a label, Taxsavo will also require a clear picture of it.
Taxsavo requires the following documents for a TM Registration
a. Name of Applicant.
b. Type of Business.
c. Main Objectives of the business.
d. Name of the brand/ slogan/ logo.
e. Address of Registration.
Moreover, if the mark is already in use in India for any commercial purposes an Affidavit for the date of use is filed with the Registry. However, if it hasn’t been used for commercial purposes till date in India then the application can be filed on a ‘proposed to be used’ basis.
4. Trademark Number
After, the applicant files the TM application. The registrar provides a Trademark Number. The TM number is beneficial for 2 reasons. First is that it will help you keep a track of your TM application. And second, it will allow you to use the ™ symbol with your TM. Ordinarily, it takes 2 working days to get a TM number.
5. Trademark Certificate
Finally, after you submit the required details and the Authorization Letter to Taxsavo. we will carry out the procedure of TM registration application almost instantly.
A Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. Trademark registration in India is advisable to protect your brand
Essentially it is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
Reasons why businesses like yours need online brand Registration / Protection-
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.
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.
You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.
You may use the ® (Registered symbol) next to your trademark once your trademark is registered and 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.
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.