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Your trademark is really your brand. Most likely the brand you’re going to associate your product or services with and if it’s not the only brand, it could be another brand you could have sub-brands. So, can you protect this brand by seeking registration of your trademark? You can.

TradeMark FAQ

Under the modern business condition, a trademark performs four functions

  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to these changes are permissible according to rules detailed in the subordinate legislation.

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?

Process of TradeMark Registration

  • The selected mark should be unique and before application, Search Trademark if available or not.
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.

Steps to be taken to get a run and grow company in India:

01. APPLICATION FILING - (GET ™ NUMBER) & USE ™ SYMBOL

Fill the form 48, after filing the application you will receive a ™ number by which you can start using ™ symbol as well as the track your application easily. As soon as you complete filing you will be liable to use the ™ symbol on your Trademark.

02. APPLICATION PROCESSING BEGINS

As soon as the filing is completed, the Government will process the application within 1 year. It can also happen that the Trademark might get rejected or objected in case find similar with existing registered Trademark.

03. OBJECTION, HEARING & PUBLICATION

A trademark application can be objected to during verification, therefore while search you need to make sure that the trademark does not exist. In case your Trademark is objected you need to provide the evidence against it within 30 days of objection.

04. GET CERTIFICATE & USE ®

When you will pass through all these stages, and if the application is approved then you can start using the ® symbol which indicates that the Trademark has been registered. The entire procedure depends on the government which might take a year or two.

TRADEMARK DOCUMENT REQUIREMENT LIST

S. No. Type of Trademark Applicant Business, If you are: Documents Required for Trademark Registration
A. Individual
  1. PAN Card or Driving License or Passport or Adhaar Card of the Individual
  2. Logo and Name
B. Proprietorship Firm
  1. Proprietor s PAN Card and Shop Act Licence/GST Certificate
C. Partnership Firm
  1. PAN Card of the Partnership Firm OR Partnership Deed and
  2. PAN Card or Driving License or Passport or Adhaar Card of all the Partners
D. Pvt. Ltd./OPC/Public Ltd./LLP (Limited Liability Partnership)
  1. PAN Card or Incorporation Certificate of the company/LLP and
  2. PAN Card or Driving License or Passport or Adhaar Card of the director who will sign the Authorisation letter on behalf of the Company
E. Trust / Society/ NGO
  1. PAN Card of the Trust OR Trust Deed/Agreement and
  2. PAN Card or Driving License or Passport or Adhaar Card of the Trustee who will sign the Authorisation letter on behalf of the Trust

IMPORTANT NOTE: If your brand name has Logo - Please email Scan/Soft copy of your Logo

Use the trademark to market your product and services. It's your identity.

A great trademark is appropriate, dynamic, distinctive, memorable and unique.

TRADEMARK REGISTRATION IN BIHAR

TRADEMARK FILING SERVICES CHARGES

S. No Services All-Inclusive Fees
1. Trademark Application

(Per Class, Per Brand)

Rs. 6,500
(Inclusive of: Govt. Fees 4,500 For individual/ MSME/ Startup and 9,000 for Company + Misc. Processing Charges 500 + Professional Fees Rs.1,500 )*

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Get your questions answered and learn more about TRADEMARK REGISTRATION AND BRAND PROTECTION , Please feel free to contact me if you need any further information. +91-9122329999

Opening your own business is often a learn-as-you-go process. But, the more smart decisions you make early on, the better chance your company has for success.

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