The importance of a trademark for a business:

It is important to have a registered trademark for your business as it establishes ownership over the brand, Name, or logo. The trademark helps prove that the product entirely belongs to you, and only you have the exclusive rights to use, sell or modify the goods or brand whichever way you want. It also protects your brand from any unauthorized use by a third party. 

What is a trademark? 

A trademark could be a word, phrase, symbol, design, or a combination of these that can identify your goods or services. It is a way to create a unique identity for your brand and for customers to recognize you in the market space and legally distinguish you from your competitors. Trademark is considered intellectual property and may or may not be registered. They are denoted differently by the ® and ™ symbols, respectively.

The process of trademark:

The following are the steps for trademark registration in India:

A Trademark search should be conducted for similar marks on the intellectual property website. If similar marks are found cross check the description to find out if the mark represents the same set of goods or services as offered by you.

• Application Preparation

The Trade Mark Attorney prepares an application as the next step. Form 48 and TM-1 will be prepared for approval and signature of the trademark applicant. 

• Application Filing

Next, the trademark is to be completed with the Trade Mark Registry. 

• Government Processing

After the trademark application is filed and the Government is processing the application, the status of the trademark application must be checked periodically. If there is any objection, an objection reply needs to be submitted by the applicant within 30 days. Also, in case of any opposition, the applicant must respond in a time-bound manner to assure the counterparty.

• Documentation for trademark:

These are the documents needed for trademark registration in India:

• Details of the applicant like Name, address, and nationality.
• Incorporation certificate in case of Company or LLP.
• If the Company is eligible for a lower filing fee, the Udyog Aadhar registration, in case the Company is eligible for the lower filing fee.
• A description of goods or services that the mark will represent.
• Trademark class under the application must be filed.
• Form 48  for a power of attorney should be signed by the applicant if necessary.

Trademark registration fees in India:

The prescribed Government fee for registering a trademark for an individual, start-up, or small enterprise is Rs.4500. For all other types of applicants, the Government fee is Rs.9000. There is a separate fee setup for the attorney professional, which is Rs.3500 for each application. 

Hiring a consultant for trademark registration:

There are innumerable benefits of hiring a trademark agent like Legalo.

--Submitting filled-in applications properly on time. As professionals, we can deal with all the paperwork quicker and more easily as we concentrate on business work.

--Avoiding mistakes while filing the applications. There could be technicalities to filing applications that you could miss as a layman. Our professionals are more aware of all related documents and do a foolproof job.'

--Being knowledgeable about intellectual property. You must be aware of several aspects of trademark registration to protect your interests. Consultants will ensure your rights and interests as a business owner are protected and the compliance requirements are met. They also represent you during the legal proceedings.

--The Legalo trademark consultant will guide you from form filling to submission at each step. The registration process has multiple steps and deadlines; the consultant will respond appropriately and update you on the proceedings.

--During the initial trademark search, it is important to avoid any infringement. A competent trademark consultant from Legalo conducts comprehensive research before applying. This will help you avoid the legal consequences of choosing an already registered trademark. 

Know how Legalo can help you here – trademark registration process & fees in India. 

<For consultation, contact us>

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Andheri West, Mumbai, Maharashtra 400053

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