In the cutthroat world of business, a product’s registered by a brand name and unique selling points are often what make it stand out. A trademark is the result of these elements coming together, which could include everything from logos and jingles to packaging design. Protecting your registered brand identification has become much more important in the current digital world. Online trademark registration is still an essential step to ensure the exclusivity and originality of your goods and services, regardless of whether you are starting a new company, running an established one, or going it alone. We recognize that in today’s cutthroat market, maintaining the uniqueness of your goods and services and protecting your brand’s identity that are registered & have critical objectives. Whether you run a bustling startup, an established company, or are an independent business owner, our committed staff is ready to help you navigate the complex online trademark registration procedure.
Describe a trademark?
A registered trademark is a distinguishing symbol that sets apart goods or services from those of other companies in the market, according to Section 2(zb) of the Indian Trademark Act of 1999. It includes a wide range of components, including designs, emotions, symbols, and any distinguishable characteristic associated with a particular registered brand. It is noteworthy that trademarks are obtainable by a wide range of organizations and individuals due to their openness for ownership by individuals, businesses, or legal entities.
Trademark Classes: There are 45 classes under trademark that have been identified based on business activity. A trademark may be registered in India in more than one class, depending on the needs of the company organization.
What Justifies Registering a Trademark?
In India, registering a trademark gives you the legal protection to use it in connection with your products or services. It offers you a powerful defense against violation and the power to take legal action against anyone unauthorized use of your trademark. Once your trademark or brand is successfully registered, it can be renewed indefinitely and is good for 10 years from the date of filing.
Who Is Eligible to Submit an Online Trademark Application?
In India, a variety of organizations and people are eligible to register a trademark, including:
- Individuals.
- joint owners of an enterprise.
- Firms that operate as proprietorships.
- Partnership firms (up to ten partners in total).
- Partnerships with Limited Liability (LLPs).
- Indian companies.
- foreign businesses.
- Trusts.
- Societies.
This openness guarantees that different companies and organizations can protect their brand identities by registering trademarks online.
What makes registering a business trademark necessary?
The most significant asset for every firm is undoubtedly its own brand registered logo, as consumers can quickly distinguish your goods or services from those of competitors operating in a similar industry. It is now crucial to keep others from misusing or copying your registered brand’s emblem. Only by registering your own brand logo as a trademark is it feasible. Therefore, it is worthwhile to trademark your brand’s logo before someone else asserts ownership of it and benefits unfairly.
What distinguishes a patent, copyright, and trademark from each other?
- The trademark is a term, logo, design, color scheme, combination of shapes and colors, etc. that serves to identify a brand and set it apart from rivals.
- Copyright has become an intellectual property right that grants a creator rights to his or her original works of literature or art.
- A patent grants the patent holder the right to commercialize their idea.
Documents needed in India for Online Trademark Registration
The essential documentation needed for online trademark registration in India is listed below.
- For each individual.
- For individuals, any one among the following types of documents is necessary.
- A copy of the Aadhar card.
- PAN Card for trademarks.
- License to Drive (Permanent).
- For Startup: The DPIIT-issued Certificate of Recognition must be presented for Startup.
- Registration for a sole proprietorship requires a GST registration certificate.
- For an LLP or Partnership Firm.
If a partnership firm registers a trademark, they are required to provide the following documentation.
- The partnership agreement, if any.
- Certificate of Udyam Aadhar Registration (optional).
- GST Registration.
If an LLP registers a trademark, they are required to provide the following documentation.
- Certificate of Incorporation for LLP.
- Deed of LLP.
- GST Certification.
- Certificate of Udyam Aadhar Registration (optional).
- For MSME: If the MSME completed the registration, they must present the MSME-issued Udyam Aadhar Registration Certificate.
- For the Private Limited Company: The following documents must be included with an application for registration of trademarks if it is filed for a Private Limited Company.
- Certificate of Incorporation.
- Certificate of Udyam Aadhar Registration (optional).
Regarding HUF, the Hindu Undivided Family.
- HUF PAN Card.
- The HUF Constitutional Deed.
For a Trust:
- Deed of Trust.
- Certificate of Registration.
- PAN Card with the name of the Trust.
For a society.
- A society must submit the Registration Certificate—issued by the Registrar of of Co-operative Societies—if it wishes to pursue the trademark registration process.
The common documents needed for online trademark registration in India is listed below:
- Affidavit filed by the user.
- Trademark Graphic Representation.
- Authorization Power of an Agent.
Efficient Approach to India Trademark Registration
Any company that wants to set itself apart from the competition should have a trademark. To stand out from the competition in today’s fiercely competitive industry, a registered brand identity is essential. Your company’s reputation and growth may suffer if there is uncertainty about its identity. Thus, registering your trademark is crucial to building and safeguarding your registered brand. Online trademark registration for e-commerce in India is something we strongly recommend for firms involved in e-commerce.
- Determine the entire portfolio of intellectual property rights (IPR) for TM registration: Each company owns many intellectual properties (IPRs), such as product labels, brand names, trademarks, logos, slogans, and domain domains. Finding those that meet the requirements for registration under Trademarks Act of 1999 sections 9 and 11 is the first step. You can get help from our IPR Advisors in identifying the marks that meet the requirements for trademark registration.
- Conduct a Trademark Search: After selecting your company marks, make sure they are distinct and won’t conflict with any already-registered trademarks or company names. Make sure there are no similar or identical trademarks registered or pending registration by doing a comprehensive search in the public database or online trademark register. Please see our in-depth guide on how to execute a trademark search for more specific instructions on how to carry out a search.
- Entire Trademark Correctly Classified: Selecting the appropriate trademark class or classes for the trademark’s intended use is crucial when registering a trademark. 45 classes are used to classify trademarks according to the kinds of activities that are connected to. Classes 1-34 correspond to products, whereas classes 35-45 correspond to services. It is advised to submit applications in all applicable classes if your trademark is connected to several different endeavors and fits into more than one category. Find out more about the Trademark’s categorization.
- Documentation Needed for Trademark Registration: Affidavits confirming the user date stated in the application and authorization to the trademarks attorney are among the paperwork needed to file an application for a trademark. Non-judicial stamp paper must be used to create these documents, which must subsequently be notarized. Based on the data you submit in the questionnaire, we will help you develop these documents.
- Comprehensive Trademark Registration Assistance: We are able to help you with trademark registration. Our services include creating the attorney authorization and user affidavit, which must both be notarized in compliance with the law. Once the trademark application is drafted, we will send it to you for verification. We will submit our application as soon as we have your approval. Kindly be advised that the trademarks will be filed under the “TM” designation.