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Trade Mark Registration

INTRODUCTION

Trade Mark Registration

A trademark is a distinctive representation associated with a product or service that sets it apart from others. This representation can include a word, slogan, image, logo, graphic design, color combination, sound, or even a fragrance (excluding India). However, most businesses focus on registering their brand name or logo. A trademark provides its owner with exclusive rights to use the mark within the specific categories (or classes) of goods or services for which it is registered. Globally, there are 45 trademark classes. Under applicable laws, trademarks are considered a form of intellectual property.

Registering a trademark offers several advantages, including establishing ownership rights, earning royalties, and protecting the brand from misuse or infringement. Trademark registration also prevents other businesses from registering similar names or marks, reducing the risk of brand dilution. Conducting a trademark search prior to registration is recommended to ensure the chosen brand name or logo is unique. In India, obtaining a TM symbol for an unregistered trademark takes approximately three days, while acquiring full registration for the ® symbol can take up to two years.

WHAT IS A TRADEMARK?

A trademark is a type of intellectual property that consists of a recognizable sign, design, or expression identifying goods or services from a particular source. Trademarks related to services are often referred to as service marks. A trademark can be owned by an individual, business organization, or legal entity. The following symbols are associated with trademarks:

1. ™: Represents an unregistered trademark.

2. ℠: Denotes a service mark, used specifically for services.

3. ®: Indicates a registered trademark.

Required Documentation for Trademark Registration

Applicant Name
Registered address of the Applicant
Contact Details of the Applicant
Phone number & Email ID
Type of Organisation
Full name of all the Partners/Directors
Full name of the Signatory for signing the Power of Attorney
Mobile No. & Email Id of the Signatory
Nationality of Signatory
Mark/Brand Name (to be trademarked)
Trade description of Goods/Services
State whether: Manufacturer/Trader/ Service Provider
User Date of the Brand/Mark
Other documents as per requirement

PROCEDURE FOR TRADEMARK REGISTRATION

1. Selection of Trademark

Begin by choosing a unique and distinctive mark that represents your goods or services. Conduct a trademark search on the official website of the Controller General of Patents, Designs, and Trademarks to ensure your selected mark is not similar to any existing trademark.

3. Document Verification

After submission, government officials will process and verify the application and accompanying documents. If there are objections, the applicant must address them within 30 days of notification.

2. Application Submission

Submit the trademark registration application along with the required documents, either online or offline.

4. Grant of Trademark:

Upon successful verification and resolution of any objections, the trademark will be officially granted.

Role of Infinity Solutions

Infinity Solutions streamlines trademark registration by offering expert consultation, precise document preparation, timely application filing, objection handling, and ongoing post-registration support to protect and enforce intellectual property rights.

1. Trademark Consultation

Guide clients in selecting unique and distinctive trademarks, ensuring compliance with intellectual property laws and aligning with their brand identity.

4. Objection Handling

Address objections raised during the registration process by responding with appropriate documentation and explanations within stipulated timeframes.

2. Document Preparation

Assist in gathering and verifying required documents such as ID proofs, incorporation certificates, and authorization forms for seamless application processing

5. Post-Registration Support

Provide ongoing assistance, including trademark enforcement, renewal guidance, and protection against misuse or infringement, to safeguard clients’ intellectual property rights.

3. Application Filing

File trademark registration applications online or offline, ensuring accuracy and timely submission to avoid delays.