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Trademark Registration

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Trademark Registration

Trademark Registration

A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to register it as a trademark. A registered trademark is your business’s intellectual property or intangible asset. It acts as a Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen, protective cover of the company’s investment made in the logo or brand. Register your trademark so competitors can't profit from it.

Different Types of Trademark.

Product Mark

Product Mark is used on goods or products rather than services.

Service Mark

The service mark is similar to the product mark but used to represent a service.

Collective Mark

Collective mark is used to educate the public about certain distinguishing features of a product or service used to represent a collective.

Certification Mark

Certification mark denotes the products' origin, material, quality, or other specific details which the Proprietor issues.

Shape Mark

Shape mark is used to protecting the shape of a product so that the customers find it related to a specific manufacturer and prefer to buy the product.

Pattern Mark

Pattern mark is specifically for those products that have design patterns that come out as the product's identity.

Sound Mark

A sound mark is a sound that can be associated with a product or any service by a particular supplier.
What documents are required for registering a Trademark?

Registering a Trademark is simple, and the process can be completed online within 24 hours. In the past few years, YugCorp has helped so many trademark applicants to get their Trademark registered.

Following are the list of documents that need to be signed and sent for the online Trademark registration:

Identity proof of the Trademark owner

  1. 1. PAN
  2. 2. Passport
  3. 3. Aadhar Card.
  4. 4. Incorporation certificate (In case of a Company or LLP)
  5. 5. Udyog Aadhar Registration
  6. 6. Logo if applicable and available
  7. 7. Address proof.
How is Trademark registration obtained?

Conduct Trademark Search

Trademark registration process begins with the Trademark Search. We can help in conducting trademark search using the tool to find the mark across classes.

The government Trademark search tool is used broadly to find identical or similar trademarks under the same class.

How to Check Trademark Status?

SNo. Trademark Status
1 Access IPINDIA Website
The most recent and up to date information on a trademark application can be found on the IPINDIA website. Click here to go to the IPINDIA Trademark Status page.
2 The user is directed to the E-register main page with four options.
  • Trademark Application/Registration Mark
  • Trademark Indexes
  • Receipt/Acknowledgement for Postal Application
  • Track Legal Certificate Requests
3 Click on the Trademark Application / Registered Mark button on the left-hand side.
4 Select National/IRDI Number
5 Select National/IRDI Number radio button to continue.
6 Provide Trademark Application Number
7
  • Provide trademark application number and complete the CAPTCHA.
  • View Trademark Application Information
  • On completing the captcha code, the system will return the most up to date trademark application information along with list of all documents filed with the trademark application.
8 Important things to know before registering Trademark Online
Technological advancements allow an applicant to register a Trademark online. You can get in touch with our business consultants to file online without making an effort to visit the registration office.
9 Trademark Search
It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.
10 Trademark Filing
After completing the Trademark search, the trademark registration application can be filed with the Trademark Registrar. However, the application must be made in a prescribed manner and filed along with the mentioned fees. The application can be made online or in any five Trademark Registrar's office with jurisdiction over the state.
11 The Trademark Registration application must contain the following information:
  • Logo or the Trademark
  • Name and address of the Trademark owner
  • Trademark used Since the date
  • Description of the goods or services
12 The Vienna Codification Process
The Vienna Classification or Vienna Codification, established by the Vienna agreement (1973), is an international classification of marks' symbolic elements. Once the Trademark registration application is filed, the Trademark Registrar will apply the Vienna classification to the Trademark based on marks' figurative elements. While this work is in progress, the trademark application status usually reflects as "Sent for Vienna Codification."
13 Trademark Examination
After Vienna Codification's completion, the Trademark registration application will get allotted to an officer in the Trademark Registrar's office. The officer will then review the Trademark application for correctness and issue a Trademark examination report. The officer can accept the Trademark application, allow trademark journal publishing, or object to the Trademark registration process.
14 If the application is rejected, the applicant can appear before the Trademark officer and address the objections. If the officer finds the justification satisfying, the Trademark would be then allowed for Trademark journal publication. If the reasons are not satisfactory, the applicant has the right to appeal the officer's decision before the Intellectual Property Appellate Board.
15 Trademark Journal Publication
When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that the Registrar has received. Also, the public can object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.
If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
16 If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
17 Trademark Registration
If there are no objections or oppositions, only the Trademark manuscript and trademark registration will be prepared and issued. Only after the Trademark registration Certificate is issued, the Trademark is considered to be a registered trademark of the owner, granting the owner some exclusive rights of the mark. The ® Symbol can now be placed to the logo or the Trademark.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.

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