A logo is basically a design which represents the company’s product or services which can be used on its products or printed material like business’ stationery (envelopes, letterhead, etc.), branding and advertising materials, business cards that is being used by company or person.
The logo may be a design only, a design with letters or words, or a design consisting simply of stylized words or letters. In other words, logo is simple pictorial, typographic, or even a combination of both. On the other hand, some logo consist only of letters or words without any design, then such kind of mark shall not be considered as valid logo.
1. TRADEMARK CLASIFICATION
• The first step and key element for Trademark registration is appropriate Trademark classification of class which is related to particular goods or services. We will help you to choose the correct class under which your product/ service falls. All the products & services are classified in total 45 classes by the Trademark Registry.
• All the 45 classes are broadly divided into 3 categories.
o Manufacturing: Class 1 to 34
o Trading: Class 35
o Services: Class 35 to 45
What are the reason for Trademark Classes?
The reason for the trademark classification is to specify which goods or services are covered under particular class.
• For example, if any person / entity is selling furniture with the brand name of ‘ABC’, then it will be covered under class 20 and applicant will file the application under the same class which is related to furniture goods. On the other hand if any other person/entity uses the mark “ABC” for medicines, then that is also allowed to use the mark “ABC” because medicines falls under different TM Class 5.
This concludes different owners can file trademark application under the different classes for the same brand name used by them.
• There is an exception that if the mark is well-known mark and even this mark come under only one class, yet another person/entity if wish to use well-known marks then that person/entity has to take prior permission of well-known mark’s owner.
2. TRADEMARK SEARCH
After identifying the relevant class for trademark, then search will be taken with consideration of following points:
• It should not similar to an existing name on record of registry
• It should not be a well known or generic term like "Music" or "Furniture"
• It should not be deceptive or misleading people
• It should not contains bad or offensive words
• It should not use words like Government or President or other well-known personalities
3. TRADEMARK APPLICATION FILING
For the purpose of trademark filing ,we will prepare the authorization letter first with the help of documents submitted by you. This gives us the authority to make the trademark registration on your behalf and then we proceed with the submitting of application to the Registrar of Trademarks. Once the application is submitted,TM receipt is provided and you will get the right to use the ™ symbol.
4. EXAMINATION REPORT
After filing of application ,the examiner checks the application and issue the examination report. In case the Trademark Examiner finds that the mark is identical or similar to an existing trademark then examiner will issue a notice of objection. The objection raised must be replied within 30 days.
5. OBJECTION REPLY(IF ANY)
In case your trademark application is objected by the Trademark Examiner, The reply filed will be examined by the Trademark officer in accordance with certain guidelines and procedures. The trademark officer might accept or reject the application as per his/her own discretion.
6. TRADEMARK HEARING (IF ANY)
On submitting the reply to the notice, a Show cause Hearing date may be allotted to the applicant for presenting the proof of use and submit arguments for registration of the mark before the Registrar of Trademarks.
7. ADVERTISEMENT IN JOURNAL
The trademark application once accepted by the registry, then it will be publish in the trademark journal for period of 4 months.
8. AWAIT FOR OPPSITION (IF ANY)
During the period of 4 month of trademark publishing, the general public is having right to oppose the brand and if during that period , it is not opposed by anyone then trademark will be register.
9. ISSUE OF TRADEMARK CERTIFICATE
Once the trademark is registered, the certificate of registration of trademark is provided by registry online. From the date of registration, the applicant is having right to use ® with their brand or logo.
10. TRADEMARK RENEWAL
The validity of trademark is 10 years which can be renew before expiry of ten years by applicant.
A trademark application can be filed by any person or by legal entity ( private firms, individuals, companies, LLP’s, or NGO’s).It does not required to be Indian citizen or Indian Business and hence any foreign national or foreign entity can also apply for trademark registration in India without fulfilment of any other requirement.
*In the case of NGOs, LLP’s or companies, it has to filed in the name of the concerned business.
A logo is basically a design which represents the company's product or services which can be used on its products or printed material like business’ stationery (envelopes, letterhead, etc.), branding and advertising materials, business cards that is being used by company or person.
The logo may be a design only, a design with letters or words, or a design consisting simply of stylized words or letters. In other words, logo is simple pictorial, typographic, or even a combination of both. On the other hand, some logo consist only of letters or words without any design, then such kind of mark shall not be considered as valid logo.
A trademark application can be filed by any person or by legal entity ( private firms, individuals, companies, LLP’s, or NGO’s).It does not required to be Indian citizen or Indian Business and hence any foreign national or foreign entity can also apply for trademark registration in India without fulfilment of any other requirement.
*In the case of NGOs, LLP’s or companies, it has to filed in the name of the concerned business.
For Individual/Proprietorship Firm
For Company/Partnership/LLP/NGO-Apart from above mentioned documents, following additional documents will also be required :
The Trademark is Valid for 10 years and can be made perpetual by renewing it in every 10 years.
A detailed comparative chart of difference between various forms of intellectual properties can be found at the end of this page.
Difference in Different Form of Intellectual Property Rights
A trademark is an intellectual property right which provides exclusive right to the brand of owner or business. Some of the examples of trademark are Parle, Domino’s, Pizza hut, Spykar, etc.
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