Including TM in your goods or services helps your company distinguish against the competition and offers users trust and legal protection. Nevertheless, the process of registering a trademark can be expensive and time-consuming; you might discover that the online trademark registration process isn’t very simple. Every business requires a distinctive brand in order to differentiate itself from the competition. A trademark prevents another company from using your good, service, or company name in a way that could mislead customers. Typically, trademarks are registered online with the Intellectual Properties of India to guarantee a smooth registration procedure.
Who may submit a trademark application?
It doesn’t matter how big or little your business is—there are steps you need to do in order to try and register a trademark. Depending on the size of the firm, individuals and organizations in India are free to register for trademark registration upon paying a certain cost. One can apply for a trademark by.
- Individuals.
- LLPs and Partnership Firms.
- NGO.
- Limited companies, both private and public.
- Governmental organization.
- Global Organizations.
- HUF, or Hindu Undivided Family.
Numerous types of trademarks
Trademarks are separated into the following two groups.
- General trademark: The following categories are further separated into general trademarks.
- Generic Mark.
- Mark’s suggestiveness.
- Mark is quite descriptive.
- Arbitrary Mark.
- Mark is a fanciful.
- Specific Trademark: Once more, specific trademarks come in the following varieties.
- Service Mark.
- Mark of Certification.
- Mark it collectively.
- Trade Dresses.
- The trade name.
- Mark’s House.
- Marks’ family.
- Mark, sound off.
- Mark of Pattern.
- Position Mark.
- Mark Hologram.
- Mark Multimedia.
- Mark the motion.
- Logotype.
Documents Needed for Individuals, Owners, and Sole Proprietors.
When registering a trademark in the name like a sole proprietor, proprietorship firm, or individual, an Indian national and a foreign national must provide the following documents:
- A copy of your logo or trademark (optional) should be in JPG or PNG format, 8 by 8 cm in size, and can be colored or black and white. If a trademark does not have a logo, it may still be registered through word marks.
- Form TM-48: The applicant authorizes a trademark agent or attorney to file a trademark application on behalf of them by providing this form. The applicant must sign the form.
- Identification documentation for the company’s proprietor or owner.
- Proof of the proprietor’s address, if applicable.
- An explanation of the products or services that are protected by trademarks.
- The sole owner’s mobile number and email address.
Mandatory Documents for Companies and (LLPs, or Limited Liability Partnerships) – MSMEs
The Indian government recognizes the contribution that startups, MSMEs, and small businesses make to the nation’s economic growth and job creation. Registering a trademark protects MSMEs and startups against harm to their credibility, goodwill, and image as brands in addition to helping them create their own distinct personalities in view of the public. Long term, this results in a more stable and long-lasting firm.
A certificate of Udhyog Aadhaar registration or, for new startups, a certificate from DPIIT, must be submitted by the applicant in order to be considered a small firm. The following documents are also necessary for trademark registration.
- A replica of the trademark or logo (if applicable): The logo should have an 8 by 8 centimeter size and be in the JPEG or PNG form word mark may be utilized for the application in place of the logo if one is not provided.
- A candidate may designate their trademark to an agency or lawyer to submit an application for trademarks on their behalf by filling out Form TM-48.
- The DPIIT issues the Udyog Aadhaar Certificate of Registration or Startup Recognition certificate.
- Either a certificate of incorporation for a company or an LLP, or a partnership deed.
- Identity verification for the organization’s authorized signatory.
- Provide proof of the organization’s authorized signatory.
- The digital signature certificate, or the DSC is a prerequisite for online trademark registration filings.
The documentation required for businesses, partnerships, and limited liability partnerships (except MSMEs).
For those applicants without a DPIIT Recognized Startup Certificate or an Udyog Aadhar Certification (Not MSME), the following documentation is needed.
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- Trademarks copy or the logo (optional): The registered trademark logo should measure 8 by 8 centimeters, be in JPEG or PNG format, and be in color or black and white. If a logo is not available, the wordmark can be utilized instead.
- Form TM-48: By signing this document, the applicant gives a trademark agent or attorney permission to submit their trademark applications on their behalf. The signature of the applicant needs to be on the document.
- LLP incorporation certificate, company incorporation certificate, or partnership deed.
- Records confirming the authorized signatory’s identity within the organization.
- Provide evidence of the organization’s designated signatory.
Documents that MSMEs must provide to statutory bodies, trusts, societies, and other organizations.
The Udyog Aadhar certificate of registration and the subsequent documents are required for small businesses to register their trademarks.
- Optional: A copy of your logo or trademark: the logo should be 8 by 8 centimeters in size, in JPG or PNG format, and can be both color or black and white. If the logo isn’t accessible, you can still use the wordmark.
- Form TM-48 may be used by the trademark’s agent or attorney to file the application with a trademark as the agent of the applicant. The applicant must sign the form.
- Certificate of Udyog Aadhaar Registration.
- a record attesting to the organization’s existence, like a registration certificate or trust deed.
- The organization requires proof of the identity of the authorized signatory.
- Provide evidence of the authorized signatory of the organization.
Documents needed for HUF, Statutory Body, Trust, Society, and Others.
If an applicant does not have an Udyog Aadhar Certificate, they must provide the following documentation.
- A copy of the trademark or logo (optional) should be in the JPEG or PNG file type, measure 8 by 8 cm, and should be for color or black & white. When the logo cannot be obtained, the wordmark can be utilized instead.
- Form TM-48: This document serves as the applicant’s permission for a trademark agent or attorney to submit their trademark application on behalf of the applicant. The applicant must sign the form.
- Proof of the organization’s legal status, such as a certificate of registration, trust agreement, or other legal document.
- Verification of the identity of the organization’s authorized signatory.
- Provide evidence of the authorized signatory of the organization.
- There is provision of opposition of trademark.Anybody may start trademark opposition procedures by filing a notice of trademark objection in the Trademarks Journal with adequate supporting documentation, four months at the latest after the submission was initially or re-advertised.
In New Delhi, how can I register a trademark?
With the appropriate expert, the trademark registration process can be simple and hassle-free. It is required to perform a search by name of trademarks that have been registered with the department of trademarks prior to submitting an application for trademark registration. There are two approaches to this. An effective and time-saving way to obtain a search for your name report is to speak with a specialist or physically visit the required government offices.
- The overall process of registering a trademark.
- Report on Name Search.
- Application for a Trademark.
- Registration of Trademarks.
Should the department raise a misgiving.
- Report on Name Search.
- Application for a Trademark.
- opposition to trademarks Answer.
- Hearing on Trademark Show Cause.
- Registration of Trademarks.
When registering a trademark, stay away from frequent mistakes
A business works hard to develop its brand, and registering a trademark is a time-consuming and expensive procedure. Time and money can be saved significantly by avoiding typical blunders when selecting a brand name. The trademark agency is objecting to nearly half of the applications because they are unclear.
- Receiving no report from a Name Search.
- Stealing the name of a well-known brand.
- Choosing a brand name with phonetic consistency.
- Leaving out the date of trademark usage.
- Selecting a brand name that is descriptive or general.
- Choosing the incorrect Trademark class.
- Hearing on Trademark Show Cause.
- Not using a trademark expert.
How much time does it take?
The application process for trademark registration is completed nearly instantaneously. As soon as you provide us with your authorization letter, we may finish it in a few hours. It takes the government between 18 and 24 months to confirm its registration and issue you with a verified certificate of registration for your brand’s registration once we file the application. Thereafter, you may employ the ® following the desired name.
In Delhi NCR, we are the greatest choice for TM/LOGO/Trademark Registration since we are knowledgeable advisors. Since we recognize that the TM is one of your company’s most valuable assets, we handle each and every case with the utmost professionalism. Our professionals assist you in a way that is both distinct and transparent. We are the greatest at safeguarding your entity and brand identity.