TradeMark

A trademark is a type of intellectual property that is used to protect brands and prevent others from using similar marks that may cause confusion among consumers. A trademark can be a word, phrase, symbol, design, or combination of these elements that distinguishes a particular brand from others in the marketplace.

Registering a trademark provides legal protection to the owner of the mark and helps prevent others from using or copying the mark without permission. Trademark owners can take legal action against anyone who infringes on their trademark rights, which can include seeking damages and injunctive relief.

To register a trademark, the owner must file an application with the relevant trademark office, which typically involves providing information about the mark, the goods or services associated with the mark, and the owner’s rights to the mark. The application process can vary depending on the country or region where the trademark is being registered.

Trademark owners must also actively monitor their marks to ensure that others are not using or infringing on their rights. This can include monitoring the marketplace for similar marks, filing oppositions or cancelation actions against conflicting marks, and enforcing their trademark rights through legal action if necessary.

In addition to protecting brands, trademarks can also be valuable assets for businesses. A strong trademark can help build brand recognition and loyalty, and can increase the value of a business or product. Trademarks can also be licensed or sold, providing an additional source of revenue for the owner.

In summary, trademarks play a critical role in protecting brands and preventing confusion in the marketplace. Registering and actively monitoring a trademark can help owners protect their rights and build a valuable asset for their business.

Strong Brand or Trademark is a backbone of a business entity. Your brand is only the face of your business, your goodwill, faith of your customers. Trademark registration certificate is a prima facie evidence of your ownership. If your trademark is not a registered trademark then it is very difficult to protect it from the infringers. You may not establish your brand properly. Don’t let the others dilute your brand reputation.

What is Trademark?

A trademark is a mark or sign which

  • Can be represented graphically and
  • Capable of distinguishing the Goods or services of one person from those of others

A mark can consists of Word, Numeral, Symbol/logo, Combination of words and numeral Label, Colour combination, device, Shape of Goods, Packaging

Documents Required for Trademark

  • Application Form
  • Power of Authorisation
  • JPG or PDF image of Logo
  • Proof of earlier user (in case applicant is already using the trademark)
  • User Affidavit
  • Copy of ADHAR UDHYOG registration (for MSME other then proprietor firm or individual)
  • MOA between Service provider and applicant
  • KYC documents of Applicant

Prerequisite before adoption of a trademark

Conduct a search on IP Database freely available on www.ipindia.nic.in or market survey to ascertain if same/similar mark is used in market because similar or identical trademark which is likely to deceive or confuse the customers as to the association of goods or services can be objected by the Registrar or opposed by the third party under Trade Mark Law or sued by any party.

Trademark search is very important and crucial to decide your brand name. Please discuss with a trademark expert or professional to decide the brand name/trademark.

Please consider:

DO’SDON’T
Invented wordsGeographical name  
Non-descriptive wordsCommon personal name or surname.  
Distinctive devicesConfusing words  
It should be shortGeneric words eg. Superior , gold

Trademark registration Process

STEP 1: Conduct public search

STEP 2: Filing Trademark Application

STEP 3: Examination of the Application

STEP 4: Reply to Examination Report

STEP 5: Hearing with registrar of Trademarks

STEP 6: Publication in Trademark Journal

STEP 7: If No third party Opposition (within 4 month from the date of Publication)

STEP 8: Registration

STEP 9: Renewal (in every 10 years)

Benefits of Trademark Registration

  • Identifies the goods / or services and its origin.
  • Guarantees its unchanged quality.
  • Advertises the goods/services.
  • Creates an image for the goods/ services.
  • Distinguishes the goods and services of one person from another.
  • Filing a suit in case of infringement of registered trade mark

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services.

What We Do?

Trade innovation Services provide complete services for Trademark registration at very reasonable charges. You may call us at any time during our business hours for any kind of guidance or assistance regarding Trademark registration or protection. We have a team of experienced and qualified professionals, Trademark Attorneys, Agents and Advocates. Our services includes in Trademark matters are as follows:

  • Registrations
  • Opposition proceedings
  • Assignments
  • Licenses
  • Litigation against infringement
  • Related Agreements or deed drafting etc.