Trademark

What is Trademark

A trademark is a special symbol or logo that is used to distinguish and identify a business from others in the market, helping to build trust and recognition among consumers. It is highly recommended to register your brand’s name in order to differentiate your goods or services from those of other companies in the same industry.

What can Be Registered as a Trademark?

  1. Business Name: Your business name is the most important trademark and should be protected immediately to prevent others from using it.
  2. Distinctive Word: A word that is not directly descriptive of the characteristics or quality of the product or service.
  3. Alphanumeric: Any combination of letters or numerals.
  4. Visual Image: Includes images, symbols, monograms, 3-dimensional shapes, and letters.
  5. Sound: If a sound is unique to your business, such as the Airtel ring tone or ICICI jingle, it can be registered as a sound mark.

Who can apply for Trademark?

A trademark application can be made by:
• Private firms.
• Individuals.
• Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
• NGO’s

Rietway Consultants Trademark Package

The Services which are included in our package are as Follows:
✅ Consultation for Brand Name
✅ Preparation of Trademark Application
✅Application Filing
✅Paying Government Fees

Documents Required for Trademark Filing

1. Proof of Applicant
2. PAN Card and Address Proof of Applicant
3. Certificate of registration (other than an Individual applicant)
4. Brand Name & Logo
5. MSME / Start-up Recognition
6. Proof of TM Use

Advantages of Trademark

  1. Business Advantage: Registering a trademark for your product or service creates a sense of trust, reliability, quality, and goodwill among customers. It sets you apart from other sellers and helps to establish a unique identity.
  2. Legal Protection: As the owner of a registered trademark, you have the legal right to take action against any infringement. This means that if someone copies your logo, brand name or slogan, you can sue them for violating your trademark.
  3. Establishes a Unique Identity: A registered trademark helps customers to recognize your product or service exclusively by its brand name. Registering a trademark ensures that competitors cannot use it, making it a valuable asset for your business.
  4. Exclusive Rights: Registering a trademark provides exclusive rights to the proprietor. This means that the same trademark can be used for all products that fall under the same category. The owner can prevent any unauthorized use of the trademarked item.
  5. Protects Commercial Goodwill: The owner of a registered trademark has the ability to build, safeguard, and preserve the goodwill of their goods or services. They can prevent other traders from using the trademark illegally and take legal action against infringers. Additionally, they can claim damages for any infringement.

Trademark Filing Procedure

Step -1 Arrange all Required Documents: The first step is to arrange all the documents and send the same over the email / WhatsApp to us. Once all the Documents are Received, we will Start the Further Process.
Step -2 Trademark Search: The Next Step is to make sure that unique name is available.
Step-3: Trademark Class : The Next Step is Selection of Appropriate Class of Trademark.
Step-4: Filing of Application: The Next Step is Submission of Application at Department.

FAQ on Trademark

Q1 What is trademark search and How to do it?
A trademark is registered by the registrar of trademarks only if it is unique and is not same or similar to any existing brand. The database of all registered and applied trademarks is available for public search. The applicant must search for an identical mark in the appropriate class of the TM.

Q2 What is the meaning of TM or (R) sign?
The sign “TM”, the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign ” (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.
“TM” – It is used when an application for Brand Registration, Trademark Registration, Logo Registration, Punchline Registration is filed.
“(R)” – This symbol is used when the Trademark Office issues the certificate of trademark registration.

Q3 What is the government fee for filing a trademark application?
The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee:
For Individual and HUF – Rs 4500/-
For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
For all other applicants like companies/LLP etc. – Rs 9000/-

Q4 What are the different stages through which a trademark registration application has to go through?
Trademark registration is a long-term process, which differs on the merits of each case. In some case merely applying to the trademark registry is sufficient, while in some cases it is contested by the department or third parties.

Q5 what is the Validity of Trademark Registration?
The Registered Trademark is Valid for only 10 years from the date of filing of Trademark Application.