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Trademark Registration Gives the Owner the Exclusive Right to Protect the LOGO, SYMBOL, and WORD as Brand Identity.

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A trademark is any mark, logo, name, symbol, letter, shape, or word used by a person or firm to uniquely identify its goods or services from those made or sold by others. As a result, customers must be able to distinguish one’s goods or services from those of others. The prerequisites of the Exchange Imprints Act 1999 manage trademark enlistment. Trademark registration is important because the government legally authorizes the owner to grant the exclusive right to brand, sell, manufacture, and use products and services.

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Trademark symbols

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Who can opt for trademark registration?

Indian Corporation

Whether private Ltd., public Ltd., or any other type, it should trademark a brand name application in its name. Because each incorporated organization has its legal entity and identity, a director of a company cannot be a trademark applicant.

Foreign Corporation

If a foreign-incorporated firm applies for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. Registration type, government, and law should all be indicated here. It should mention the Indian address from where they are running their business in India.

Trust or Society

While filing a trademark application on behalf of a trust or society, the managing trustee, chairman or secretary of the trust or society should be mentioned.

LLP (Limited Liability Partnership)

The application for a Limited Liability Partnership must be in the name of LLP. It is a legal entity in which each partner has his own identity. Since the trademark belongs to an LLP, partners cannot be applicants. The application must include the names of all partners.

Partnership Firm

While registering a trademark, a partnership business with a maximum of 10 members must include the names of all the partners in the application. Additionally, if a minor companion is present, the name of the minor’s guardian must be stated.

Any Individual Person

A person who is not currently in business can also file a trademark application and obtain trademark registration for the brand name/device that the applicant wishes to use in the future.

Shared Ownership

Joint owners of a firm can apply for a trademark together, and both of their names can be listed on the application.

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Frequently Asked Questions

what is the difference between Tm and ®?

When a brand name or logo has Trademark Registration on it, it indicates that a trademark application has been filed and is in the registration process. Once the application is filed the applicant can use the TM in addition to its brand name or logo. He can use it till registration is done. After the registration is completed, Trademark Registration is replaced with ® which means the trademark registration is completed and it is valid for 10 years.

What is difference between trademark and registered?

Trademarks can be either enlisted or unregistered. At the point when a specific item has a Trademarks that doesn’t mean it is an Enrolled Trademarks . ™ image can be utilized for unregistered Trademarks however ® image can’t be utilized for unregistered Trademarks. The image ought to be utilized for just enlisted Trademarks.

Is our goal to meet all legal requirements at the click of a button?

Every business must have easy access to legal operations irrespective of their size or business capital. Legalcy Pvt. Ltd. cut down the intermediary costs to deliver the lowest prices to our customers. We aim to create an autonomous platform where all your legal needs are met with the click of a button.

What are the disadvantages of registered trademark?

A portion of these disadvantages incorporate that:

you can’t modify trade mark classes;
prosecution can be troublesome;
trade marks require restoration like clockwork;
there are limits to what your trade mark safeguards; and.
your trade mark is in danger of becoming genericised.

What are The Eligibility Criteria for Trademark Registration?

In India, anyone who claims to be a trademark owner, whether an individual, proprietor, corporation or other legal organization, can apply for a trademark. A trademark application can be filed, and the “TM” mark can be used within a few days of registration. If no objection is raised by the registry then the trade mark registry takes minimum 6-8 months to get registered. In case of objection, it may take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. R can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and will have to be renewed at the appropriate time.

Extraordinary rights
The registered trademark owner has unlimited authority over it. The owner can use the same trademark for all other goods falling within the class(es) specified in the application. Furthermore, the owner owns the trademark and can prevent others from using it in the class in which it is registered. It likewise provides the proprietor the capacity to sue for any unapproved infringement.

Increases trust and loyalty

Trademark Registration reflect the reputation and quality of a product or service. Registering a trademark increases customer confidence and market recognition. Furthermore, it contributes to the establishment of loyal and long-term customers who will consistently choose your trademarked brand over others.

Protect Against Infringement

If someone uses a trademark without the owner’s permission or in a misleading manner, the owner can obtain an injunction to stop that person from using the brand without permission. Furthermore, your trademarked logo cannot be used by anyone else, including competitors. If someone uses a trademark without the owner’s permission or in a misleading manner, the owner can obtain an injunction to stop that person from using the brand without permission. Furthermore, your trademarked logo cannot be used by anyone else, including competitors.

Product Differentiation

If you register your trademark then customers can immediately locate your item. It differentiates your goods or service from the competition while serving as an efficient advertising tool. Additionally, your trademark or logo communicates your organization’s vision, quality, and uniqueness.

Gives a sense of identity to a product’s quality

Trademark registration provides physical confirmation of the value and quality of your product or service. As a result, customers identify the quality of a service or product by the trademark. Furthermore, this awareness benefits new customers who unconsciously recognize the quality of a product or service through its logo.

Global Trademark Registration

If you want to grow outside India or register a trademark in another country, don’t worry; A trademark that is first registered in India can serve as a strong foundation for gaining recognition across the world. Furthermore, because of all the goodwill accumulated, a trademark that has been previously registered in India can be used as a basis for registration in another country.

create Assets
Registration of a trademark provides intellectual property to the corporation. A registered trademark is a legal right that can be purchased, assigned, franchised or contracted financially. Furthermore, trademarks act as an intangible asset on a company’s financial sheets, providing all the benefits associated with such assets.

Use of ® symbol

When your trademark is registered, you can use the ® symbol in your logo to show that it is a registered trademark and no one can use a similar brand. If someone else uses your trademark without your permission, you can sue in court for clear infringement of your exclusive use rights.

Recruit human resources

Popular businesses are known to recruit young talent. Moreover, young minds prefer to work for bigger companies as they offer better benefits and salary security. Furthermore, trademark registration provides a favorable image of a company. Moreover, it reduces the cost of recruitment and other related activities.

Importance of Trademark Registration in India

Background of Trademark Registry
The Trademark Registry was established in 1940, following which the Trademark Act came into force in 1999. At present, the Trademark Registry acts as the operational or functional body of the Act. This can also be called working concurrently. As a functional unit, the Trademark Registry administers all the laws and regulations of the Indian Trademark Act.

The Trademark Registry is headquartered in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the Registrar of Trademarks. Before registering a trademark, the Registrar will verify to see whether it conforms to all the requirements of the Act.

What are the trademark classes?
There are 45 trademark classes, and all products and services are characterized by these classes. There are 45 trademark classes, and all products and services are characterized by these classes. You should be extremely careful while selecting classes as they will affect the validity of your trademark for your company’s products/services. If your company sells different goods and services that fall into multiple classes, you need to guarantee that you can file for trademarks under all the appropriate classes.

In India, probably the most widely recognized brand name classes are:

- - Class 9 covers mobile software (apps) and electronics.
  - Readymade garments are included in class 25.
  - Class 35: Business management and advertising, including online retailing or wholesaling, and e-commerce.
  - Class 41 covers education and entertainment.

What are the qualification standards for trademark registration?
In India, any person who claims to be a trademark owner, whether an individual, proprietor, corporation, or other legal organization, can apply for a trademark. A trademark application can be filed, and the “TM” mark can be used within a few days of registration. If no objection is raised by the registry then the trademark registry takes a minimum of 6-8 months to get registered. In case of objection, it may take up to 18 months. After the brand name is enlisted and the enrollment authentication is given, the registered symbol i.e. R can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and will have to be renewed at the appropriate time. What are the qualification standards for trademark registration?
In India, any person who claims to be a trademark owner, whether an individual, proprietor, corporation, or other legal organization, can apply for a trademark. A trademark application can be filed, and the “TM” mark can be used within a few days of registration. If no objection is raised by the registry then the trademark registry takes a minimum of 6-8 months to get registered. In case of objection, it may take up to 18 months. After the brand name is enlisted and the enrollment authentication is given, the registered symbol i.e. R can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and will have to be renewed at the appropriate time.

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