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patent and trademark registration

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patent and trademark registration

What is Patent and Trademark Registration?

  • A Patent and trademark is a word or symbol used by a business to distinguish its goods or services from other competitors. Business names, brands and logos can easily be trademark through IndiaFilings by filing an application online. Once a trademark application is filed, the trademark applicant can begin using the ™ symbol with the brand. On registration of a trademark, the mark becomes an asset of the company and is protected against misuse under the Indian law. Thus to protect a brand or business name from being copied by others, the inventor of the must must apply for trademark registration. The process for trademark registration involves various steps and followup with the Government. Hence, it is essential to hire an expert for trademark filing to maximise chances of obtaining trademark registration. IndiaFilings has filed over 50,000 trademark application in India and helps various businesses with a complete suite of services to manage their brand names.
  • A trademark application can be filed by any person or legal entity. The person or legal entity can also be a foreigner or foreign entity. Further, trademark applications can also be made for marks that are proposed to be used by the applicant in the future.
  • Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation. An IndiaFilings Trademark Consultant can help you easily complete a trademark search and provide advice on the classes under which the trademark registration should be made.

Why should I register a trademark?

  • Registering a trademark provides legal protection against misuse of any business name or brand or logo by a competitor. A registered trademark grants the trademark owner exclusive nationwide ownership of the mark under the Indian laws.

How long is a trademark registration valid?

  • A trademark registration will be valid for 10 years from the date of application. Before or at the end of 10 years, the trademark owner can easily renew their trademark by filing for renewal.

Who can all apply for a Trademark?

  • In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.

    A trademark application can be made by:

    • Private firms
    • Individuals
    • Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
    • NGO’s

    Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.

    Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.

    The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.