Trademark Registration

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What is Trademark Registration?

A trademark is a distinct design, graphics, logo phrase or other symbol that denotes a specific product or service and legally differentiates it from all other products.

A trademark is an intangible asset and uniquely identifies a firm or its goods and services, guarantees the product’s genuineness and gives the owner the legal rights to prevent the trademark unauthorized use.

One of the main purposes of having a product trademarked is to protect the product from being used without permission of the source company.

What are the laws governing Trademark?

A trademark is registered under Trademark Act, 1999 and it provides right to the owner to sue for damages in case of infringement. Trademark rights are granted for 10 years and can be renewed indefinitely.

There are total of 45 classes according to which a trademark is registered. Any individual, company,  proprietor, society can apply for trademark.

Reason of Trademark Registration

  • Legal Protection
  • Business Opportunity
  • Goodwill
  • Creation of asset
  • Unique Identity

Benefits of Trademark Registration

  • Registering a trademark protects a company's name or logo, which is often a company's most valuable asset;
  • Registering a trademark grants the trademark owner receives exclusive nationwide ownership of the mark;
  • Through registering a trademark the trademark owner obtains the future right to make the mark "incontestable," which provides conclusive evidence regarding the validity of the mark and of the registrant's exclusive right to use the mark;
  • Registering a trademark abstain others from using your trademark;
  • Registering a trademark provides the trademark owner with greater remedies in case of infringement;
  • By registering a trademark the trademark owner receives the presumption of being the valid owner of the mark;
  • Registering a trademark increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name;

Trademark Registration Registartion Process

  • Search/Sumbit your Trademark on our portal
  • Decide appropriate trademark class(es)
  • Make the payment Online
  • Upload the documents in the dashboard
  • Our Lawyers will file the Trademark on your behalf
  • Trademark application number will be shared within 1-2 working days
  • You can start using "TM" immediately.

Application for registration (Section 18 Trademark act 1999)

  • Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
  • A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
  • Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate: Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the\Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.
  • Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.
  •  In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision

Frequenty Asked Questions
 

1. Do I need to be physically present during this process?

o, new company registration is a fully online process. As all documents are filed electronically, you would not need to be physically present at all. You would need to send us scanned copies of all the required documents & forms.

2.How much time is needed for setting up a private limited company in India?

If you have all the documents in order, it will take no longer than 15 days. However, this is dependent on the workload of the registrar.

3.What are the rules for picking a name for a private limited company?

The Registrar of Companies (RoC) across India expect applicant to follow a few naming guidelines. Some of them are subjective, which means that approval can depend on the opinion of the officer handling your application. However, the more closely you follow the rules listed below, the better your chances of approval. First, however, do ensure that your name is available.
Unique Component: In Flipkart Internet Private Limited, Flipkart is the unique component. Now, once taken, the name Flipkart will not be given to any other business within the suffix Internet or even related categories (E-commerce and Online Solutions, for example). But there is some subjectivity, too. Some RoCs may not even approve the name Flipkart Chemicals Private Limited, reasoning that the e-commerce brand Flipkart is too well-known. Similar sounding names would also be rejected (so no Flipkart).
Blacklist: Abbreviations, adjectives and generic words are rejected. So BBC or XYZ would be rejected, as would Good Quality Biscuits. The words bank, exchange and stock exchange, unless approved by RBI or SEBI, would also be rejected.
No Common Trademark: There should not be a registered trademark by the same name on the IP India website. If there is one, the name can only be approved if you are able to get a No-Objection Certificate from its owner authorising you to use it.
Descriptive Component: In Biocon Research Private Limited, the word 'Research' describes the business the company is into. You cannot have 'Research' in your name if you're, say, in the logistics or restaurant business.

4.What documents are required to complete the process?

All directors must provide identity and address proof, as well as a copy of the PAN Card (for Indian Nationals) and Passport (for foreign nationals). No-objection Certificate must be submitted by the owner of the registered office premises.

5.What is a DSC?

The DSC is an instrument issued by certifying authorities (TCS and n-Code are two of them) by which you can sign electronic documents. As all documents needed are electronic, partners need a DSC.

6.Does a private limited company have continuous existence?

Yes, so long as the annual compliances are met, the private limited company will continue to exist. If you do not comply with the requirements, it will go dormant, until it is struck off the register altogether.

7.How much does it cost to run a private limited company?

The cost of running a private limited company can be divided into four categories: cost of setting a private limited company, cost of accounting and auditing, cost of compliance and miscellaneous expenses. At the very minimum, you can expect to spend Rs. 40,000 on all of these.

8.Is it necessary to have a company's books audited?

Yes, a private limited company must hire an auditor, no matter what its revenues. In fact, an auditor must be appointed within 30 days of incorporation. Compliance is important with a private limited company, given that penalties for non-compliance can run into lakhs or rupees and even lead to the blacklisting of directors.

9. What are articles of association and memorandum of association?

These documents contain the rules, vision and mission of your organisation, and define, among other things, the exact business and the roles and responsibilities of shareholders and directors.