Document Readiness for Successful Company Trademark Filing

Recall that a trademark serves as a branding instrument that, when used in conjunction with an item or service, indicates the entity that created it and sells it. Typical trademarks consist of words, phrases, emblems, and even sounds. These creative branding products are not legitimate trademarks, nevertheless, and are not protected by trademark law if the intended trademark is not really utilized in connection with a sale. Furthermore, a mark needs to be utilized in interstate commerce in order for it to be considered a legitimate trademark attorney. Therefore, in order to meet these requirements, an applicant must have lived there prior to selling a sizable quantity of their goods to customers elsewhere.

 

Trademark registration is the process of safeguarding brand names, the logos registration, and specifications generally brand images against unapproved use and infringement. Many of us frequently don’t realize which documents are required for trademark registration. Thanks to the Indian government’s simplification of the process, registering a trademark isn’t too difficult. It is easy for startups to register a trademark; nevertheless, the procedure differs based on the type of applicant. Notably, all that is needed to register a trademark is scanned copies from the original documents. If a trademark application is made fraudulently, there will be a minimum one-year sentence, with a maximum three-year sentence. A fine that starts at Rs. 1,000,000 and goes up to Rs. 2 lakh.

 

A company, partnership, limited liability partnership, or startup.

The amount required to register a trademark varies between Rs. 6500 upto Rs. 11,200. Small businesses, startups, sole proprietorships, and individuals are eligible for the reduced trademark government cost of Rs. 4500. The appropriate trademark government charge for any other entities is Rs. 9000. In order for the application to be considered a small firm, the Udyog Aadhar certificate of registration must be submitted. Also needed would be the Udyog Aadhaar registration and the following information.

 

Corporation, LLP, or partnership.

If the business is a partnership or an LLC, the owner would need to provide the following documentation:

• Logo registration Copies (Optional).
• Form-48 was signed.
• Certificate of Udyog Aadhar Registration.
• Partnership Deed or Certificate of Incorporation.
• Proof of Signatory’s Identity.
• Provide the signatory’s proof of address.

 

Meaning of Symbols used in Trademarks SM, ™, ® and ©.

• The terms Service Mark (SM) and Trade Mark (TM).

This means that even though the trademark application is pending, it hasn’t been registered yet. It is put up as a cautionary tale to deter others from breaking it. Since the authorities have not yet granted the application approval, it has no particular legal importance.

When is it appropriate to use the ™ trademark symbol?

When you wish to claim ownership of a term, phrase, logo registration, or similar mark that you believe to be a trademark, you should use the trademark symbol (™). The following are some circumstances where you ought to use the trademark sign.

• When you wish to prove that you are the owner of a mark you have adopted to represent your products or services.
• When you think a unique brand name, slogan, or logo registration you’re using counts as a trademark.
• When you wish to declare your trademark rights and notify the public, rivals, and any infringers that you regard a mark as your own.
• When you wish to notify others of your claim but have not yet received a formal trademark registration.
• When you wish to increase brand familiarity and awareness while employing the mark in commerce.
• By indicating that you are actively defending your rights, utilizing the trademark symbol might help discourage others from using or duplicating your mark. It’s crucial to remember that using the trademark symbol would not always entitle you to legal protection. In order to guarantee correct use and trademark protection, it is constantly advisable to speak with an experienced trademark attorney.

• The symbol R (®).

You will be able to display the ® sign next to the trademark once the trademark application has been approved. This will make you a proud owner of the recently registered trademark. This indicates that a trademark is formally registered and that any infringement by another party will result in legal action. It is not required to have the ® symbol shown. However, it also provides protection to the owner of the trademark since, in the event that the genuine goods is stolen, he can sue the competing party for violations and recover all of his losses. This is due to the fact whether the owner must demonstrate to the court that the infringement party knew the trademark had been registered yet proceeded with utilizing it without authorization of trademark attorney.

How to obtain a trademark symbol for ®.

• Choose a unique name, logo registration, or tagline.
• To find out if the requested trademark is available, do a trademark search.
• Choose the proper Filing-Basis for a trademark application, which is usually a 1(b) Intent-to-Use registration application for trademark or a 1(a) Use for Commerce application.
• Decide which kind of goods or services is appropriate.
• Enter the goods and services that are offered under the brand.
• Send in a sample of your trademark’s commercial usage.
• Provide the First Use Date as well as the First Use Date in Commerce.
• Send in your filing fees.

• Symbol C (©).

When referring to copyright that the proprietor of a creative work possesses, the © symbol is typically utilized. Included in this is: – Artwork.

– The photographic arts.

– Video production.   

– Works of literature.    

– Software.

 

The © symbol has an indefinite validity. When the work is copyrighted, the symbol is used along with the name of the copyright holder and the year of the work’s initial publication in the nation. When it becomes trademarks and their registration, there is a lot to be aware of. The application must conduct sufficient research on the procedure because it is quite complex. As a result, if you register your trademark carefully, there are many advantages through trademark attorney.

 

If, during the allotted four months, no objection is lodged, or if your trademark application is accepted following a trademark opposition hearing, the Register of Trademarks will accept your application. You may use the trademark’s registered sign (®) next to your brand name as soon as you receive your certificate.

 

Is it possible to download a trademark certificate, and how?

From the Trade Marks Registry website’s public database, everyone can download a trademark registration certificates of other companies or trademarks. Every certificate for trademark registration is created and issued automatically. Therefore, as long as the prerequisites are met, it is possible to generate trademark registration certificates online.

1. Journal of Trade Marks publishes trademarks.
2. The status of the trademark registration cannot be “Removed” or “Abandoned.”
3. The computerized database of the trademarks Registry contains the original application for trademark registration.
4. The trademark modification request application is not currently pending resolution.
5. There should be no unpaid fees or unfulfilled Power of Attorney requirements.

 

The applicants or authorized agents will receive registered trademark certificates via email at the addresses they have on file with the trademarks office.

 

How to obtain the Application Number for a Trademark.

To download the trademark certificates online via the Trade Mark Registry website, you must have the trademark application number. Therefore, obtaining the trademark application number is a prerequisite to obtaining the trademark certificate online. The procedures listed below can be used to obtain the application number:

Step 1: navigate to IP India’s website.

Step 2: Type the name of the business or brand.

Step 3: After logging into the class, click “Search”.

Step 4: The relevant trademark will be displayed alongside the details, including the application number and status.

Step 5: Note the application number in order to download the trademark certificate.

 

How Can I Get An Online Trademark Certificate Download?

The Trade Marks Registration website offers access to the trademark certificate. Both the general public and the applicant can download and print it. To download the trademark registration certificate, follow these steps:

Step 1: Visit the Trade Marks Registry’s official website.

Step 2: Select the option labeled “Trade Mark Application/Registered Mark.”

Step 3: Choose the option labeled “National/IRDI Number.”

Step 4: Click “View” after entering the captcha code and trademark application number.

Step 5: Select the trademark by clicking on it.

Step 6: Choose “View Registration Certificate” from the menu. 

Step 7: A new tab will open with the trademark certificate. To download the file in PDF format, select the “Download” icon.

 

Here’s how to obtain an Indian trademark certificate. However, if one is aware of the trademark application number, they can get it from the internet. Online automated trademark certificate generating facilitates speedy registration certificate acquisition and remote accessibility.