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A trademark is your company name or logo registration that is used to identify your goods and services. Any combination of letters, numbers, words, symbols, forms, or other elements may be used. To set your product or service apart from competitors in the market, utilize a distinctive brand name or logo registration. You must register the logo or brand name in order to provide it with legal protection. In the fiercely competitive commercial world of private limited companies, registering a trademark is essential to the success and expansion of any enterprise. Registering your trademark through attorney is one efficient method to preserve your brand identification and set your goods and services apart from those of your rivals. Getting a trademark protects a private limited company's intellectual property and increases the value of the company.
A business entity that is not publicly traded and has a small number of shareholders is known as a private limited company. Registering a trademark can help a private limited liability company preserve its goodwill, reputation, and brand identification. Additionally, registering a trademark grants the business the sole right to use it in connection with its products or services and to stop other parties from using confusingly identical or comparable marks without permission.
A trademark cannot be registered if it is confusingly similar to an already-registered trademark or one for which a registration application has been submitted. Additionally, a trademark that is derogatory or likely to cause misunderstanding or deceit might not get registered. Moreover, common abbreviations, commonly used names, common trade terms, and geographic names cannot be registered as trademarks.
In India, private limited company must complete the following processes in order to register a trademark.
It is important to perform a thorough search of the already registered trademarks in the pertinent classes and categories prior to submitting an application for a registration. By doing this, it will be easier to prevent any possible disputes or opposition from authorities or other brand owners. The trademark search might be conducted via an expert provider of services or online via the Controller General's of Patents, the Designs and Trademark (CGPDTM) official website.
The subsequent action after choosing a good trademark is to submit an application to the CGPDTM. Either online or offline filing is possible. The application must include the applicant's information, the registered trademark, the goods or services in which a trademark is being sought by and the date of the trademark's first use, if any. Depending on the kind and quantity of classes applied for, there are different application fees.
Within 12 to 18 months of the application being filed, it will be reviewed by the trademark attorney who will then provide an examination report. Examining the application for similarities to already-registered trademarks, descriptiveness, generality, and other issues, the report will either approve it or oppose. Within one month of receiving the examination report, the applicant must address the objections.In the journal, publish the trademark. This trademark will be made available for public opposition in the Trademarks Journal upon acceptance of the application or defeating of the objections. Anyone with a legitimate objection may oppose the trademark's registration within the four-month publication period. The trademark attorney will register when no opposition is lodged or if one is and it is dismissed.
The final step is to receive a CGPDTM registration certificate. Upon payment of registration costs, the certificate will be provided between six and nine months after the date of publication. Indefinite renewals of ten years each are possible for the registration certificate, which has a ten-year validity through the date of application.
A private limited company's trademark registration can be a drawn-out and complicated procedure that calls for expert advice and support. In terms of market recognition, legal enforcement, and brand protection, it can also offer the business a number of important advantages.
The Companies Act of 2013 compliance is a component of a private-limited company Registration Checklist. The following requirements must be met:
In order to prevent legal problems, fines, and penalties, compliance with the compliance set is crucial for the registration of a private limited company. The following are the compliances.
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