TRADEMARK REGISTRATION

Trademark registration is the process of registering a trademark for a business, product or service. A trademark is a unique symbol, logo, word, phrase, design, or a combination of these, that distinguishes the goods or services of one business from those of another.

Easy Process and Documentation

Required Paperwork

  • Trademark application form
  • Power of Attorney
  • Identity proof of the applicant (Individual/Partnership firm/Company/Trust/Society)
  • Proof of address
  • Trademark specimen
  • Goods and services description for which the trademark is to be used
  • Date of first use of the trademark, if already in use
  • Priority document, if claiming priority from a foreign application

Process, Service Charges, Time duration

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 WHAT IS REGISTRATION OF A TRADEMARK?

A trademark is a visual symbol that may be a word signature, name, device, label, numerals, or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services that originate from a different undertaking. A trademark is also commonly known as a brand name. According to the Act, the following criteria must be met in order to register a trademark:

  • The chosen mark should be able to be shown visually (on paper).
  • It should be able to tell the difference between the goods or services of one business and those of another.
  • It should be used or intended to be used as a mark on goods or services to show or show that there is a connection between the goods or services and trade, and someone should have the right to use the mark, whether or not they know who that person is.

The Trademark Act says that registering a trademark in India helps the applicant or trademark owner protect his or her image or trademark. Registering a trademark also helps to stop people from using the same mark twice.

WHAT IS BRAND REGISTRATION?

Now, let’s look at the four basic steps for registering a brand name in India.
Before starting an online business, the first step is to register the domain, which is also called the “domain name.”
The second step is to register the business with the brand name.
Third Step: Trademark registration. This is the most important step. You must apply for a trademark online and register your brand name or logo.The fourth step is to register your copyright. This is an important step because it keeps other people from using your brand name and logo.

WHAT IS REGISTRATION OF A LOGO?

Once a brand reaches a certain level, registering its logo offers numerous advantages. The little effort required will enable you to establish your right to the logo (or even word, sound, or imagery) in court, prevents similar names from being registered by organisations with similar business types, and is advantageous for any investor.

WHY REGISTERING MARKS IN INDIA IS IMPORTANT

The main reason to register a trademark in India is to tell two different things apart, even if they belong to the same type of business. Registration of a trademark gives the seller or business owner a number of rights and benefits.

There are a few reasons why registering a brand in India is helpful and important.

  • Helps to set a product apart from its competitors.
  • It shows how good the product is.
  • It helps to build trust and a brand.
  • The name can be an important way to get a customer’s attention.
  • Registering a trademark can lead to more sales.
  • Your brand’s image could be hurt by a trademark that isn’t registered.

PROCEDURE FOR TRADEMARK REGISTRATION

The basic process of registering a trademark can be done in a day or two, when the person applies to register the trademark. However, the process of registering a trademark is very long and complicated. The process takes no more than 1 to 1.5 years. As there are several steps to getting a brand registered.

WHAT IS THE WORKING PROCESS FOR ONLINE TRADEMARKS?

  • Look for a trademark                                                                                                                                                                                                        Before filing a trademark application, it’s recommended to do a trademark search to see if there are any similar or already-filed trademark applications and to find out their state. A trademark search can help you figure out if your brand is unique and protect you from legal problems. This search can be done by going to the “Public search” page.
  • Choice of classes                                                                                                                                                                                                                                                                        There are 45 types of trademarks in total, and you need to know which one your product falls into before you can register it. Every company has registered under a certain category. Make sure you know what category your product falls into as you look.
  • Filling out an application (Get a TM number)                                                                                                                                                                                                                            Fill out form 48. After you send in your application, you’ll get a TM number that you can use to start using the TM symbol and to easily track your application.
  • Use ™ symbol
    As soon as you finish filing, you must put the TM sign on your Trademark.
  • Vienna classification
    This is a very important part of the process of registering a trademark online. The Vienna Classification or Vienna Codification is a way to describe the parts of a brand everywhere in the world. When your trademark filing is complete, the Trademark Registrar will put a Vienna Classification on it. At this point, the programme says, “Sent for Vienna Codification.”
  • Starting the application process
    As soon as the paperwork is turned in, the application will be processed by the government within a year. The trademark could also be rejected or opposed to if it looks too much like an already registered trademark.
  • Hearing
    If the officer rejects your application, you’ll need to show proof that the facts against the objection are true. If the registrar is happy, he will send the document. But if it’s turned down again, you’ll have to explain the details and why it should be allowed at a hearing.
  • Journal publishing
    If the entry is accepted, it will be printed in the Trademark journal for 90 days. During that time, someone can raise money for an opponent. If someone disagrees, they will have a chance to show why they disagree.
  • Registrar’s Certificate
    When you get through all of these steps and your application is accepted, you can start using the ® sign, which means that your trademark has been registered. The entire process rests on the government and could take a year or two.
  • Infringement trademark
    It’s using a brand without permission. Anyone caught doing these things will get a warning to stop using that Trademark.

DOCUMENTS NEEDED TO REGISTER A TRADEMARK

Documents

scanned copy of the registration certificate

Signed application for a trademark
PAN Card, Passport, or ID Card for Voting
Scan of the voter’s ID card, passport, or driver’s licence
Format of Logo or Brand Name in JPG

CURRENT ACCOUNT OPENING

A current account is a type of savings account that helps workers and businesspeople run their businesses. Businesspeople can get a lot out of an online current account, such as:

  • Unlimited deals
  • Adapted features
  • Online banking services.

Having an online current account makes things easier and lets you do your money whenever and wherever you want.

 READY TO GROW YOUR BUSINESS?

Having an online current account makes things easier and lets you do your money whenever and wherever you want.

ARE YOU READY TO GROW YOUR BUSINESS?

  • Current Account with No Balance
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ADVANTAGES OF TRADEMARK REGISTRATION

  • Enjoy the only rights
    By registering a trademark, the owner can get exclusive rights to it and use it in every way possible. Possibly the most important reason to register a trademark is that it shows that the company is a legal one.
  • maintains safety
    An enrolled trademark can be put up as security, which means that an enrolled exchange stamp can be offered as security to secure advance offices in the same way that stable property can be strengthened.

Explore yourself in other countries
Registered Trademarks can be used in some foreign countries, and the business can grow.

  • Attract people
    People like to work for brands, and registering a trademark helps the company become a brand itself.

ADVANTAGES OF ONE PERSON COMPANY

There is list of features and advantages of OPC Registration in India.

  • Limited liabilities
    OPC gives limited liability to business owner i.e.liability is limited to the amount you have invested.
  • Better than Sole Proprietorship:
    A sole proprietorship ceases to exist on the death of its promoter. In the case of an OPC, the nominee director takes over and the entity continues to exist.
  • Easy transfer of ownership:
    In a one person company, the ownership can be transferred by altering the shareholding, directorship and nominee director information.
  • Ability to own property:
    A company can own property like buildings, go downs and can be considered a legal entity.

FAQS

One person company is a company created by an individual through provision in companies act,2013 to enable entrepreneurs to start a venture on their own.
OPC Registration process is mentioned above.
Any Indian citizen residing in India who is not a minor can start an OPC.
Only one shareholder is there.
Minimum 2 years are needed from the date of incorporation.
 
Foreign Direct investment is not allowed in a one person company.
Please refer to the steps mentioned above to register your partnership firm.
No. It is not compulsory to hold an Annual General Meeting.