Trademark Registration
| Market Price: | |
|---|---|
| Filing CA Price: | ₹5500/- excl. GST |
| ₹6490/- incl. GST | |
| You Save: | ₹1500/- (21%) |
| Complete By: | within 7 days from payment |
A trademark (also written trade mark or trade-mark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non claiming right system.
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Documents required for Trademark Registration
Trademark registration is an important mechanism through which a brand can be protected from unwanted use and infringement. Trademark registration process in India has been simplified by the Government and Entrepreneurs can now easily obtain trademark registration for their brands within a few months. In this article, we look at the documents required for obtaining trademark registration in India.
Note: During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.
Individuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
- Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Company
In case of a partnership firm or LLP, the entrepreneur would have to submit the following:
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Other Applicants
All other applicants, including companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain trademark registration in India.
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Guide: How to Register Trademark for Your Brand in India
1.Step 1: Search for a “crazy-enough” brand name. …
2.Step 2: Making the trademark application. …
3.Step 3: Filling the brand name registration application. …
4.Step 4: Examining the brand name registration application. …
5.Step 5: Publication in the Indian Trade Mark Journals. …
6.Step 6: Issuance of the trademark registration certificate.
‘TM’ stands for Trademark and ‘SM’ stands for Service mark. … The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.
