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Trade mark - Trade mark with TaxTrims
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Trade mark

Trademark Registration In India

# What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering :

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    Name :

    (a) Product Name:

    You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.

    (b) Business Name :

    Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.

    (c) Person’s Name/Surname :

    If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.

    (d) Abbreviations :

    Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
  • 2

    Logo/Symbol :

    It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
  • 3

    Tagline :

    If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.
  • 4

    Other Options :

    (a) Colour Mark :

    You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)

    (b) Sound Mark :

    Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.

    (c) Scent Mark :

    Even scents can be trademarked.

# Why Is Trademark Registration Important?

Trademark registration is important and necessary for a business because :

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    It showcases your unique identity

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    It helps you build trust and loyalty among your customers

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    It offers legal protection for your brand’s identity

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    It is an asset in itself

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    It prevents unauthorized usage of your brand’s identity.

# Trademark Classes :

There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.

Some of the popular trademark classes in India are :

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    Class 9 :

    which includes computer software and electronics,
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    Class 25 :

    which includes clothing,
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    Class 35 :

    which includes business management and advertising, and
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    Class 41 :

    which includes education and entertainment.
  • If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

# How to Register a Trademark With Tax Trims :

The process of trademark registration online is more complicated than it appears. It involves a number of processes and government follow-up. Tax Trims has made it easier for you by breaking it down into three parts and doing the majority of the work. Register your trademark today to protect your company's logo, slogan, and brand.

  • STEPS :


    1

    Trademark Search

    Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
    Once you decide on an available trademark, we move to step 2.
  • 2

    Class Selection and Document Collection

    The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in your dashboard.
  • 3

    Trademark Application Filing

    Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
    We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.

    Congratulations! You can now start using the symbol ™ as the application has been submitted!

  • 4

    Trademark Objection (in some cases)

    Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
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    Trademark Opposition (in some cases)

    There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.

# Trademark Objections :

  • In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

  • When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

  • If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

  • The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

# Trademark Opposition

  • On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

  • If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.


# Documents Required for Trademark Registration

Initially, you have to provide us with the following details :

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    • Applicant’s name

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    • Business type

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    • Business objectives

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    • Brand/logo/slogan name

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    • Registration address

  • # The documents required are :

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    • Signed Form-48

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    • Identification proof of the signatory

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    • Address proof of the signatory

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    • Business proof (depends on the type of business)

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    • Udyog Aadhar/MSME registration certificate (optional)

# Search for Trademark :

  • # Overview :

    A trademark search is a quick sweep of the trademark directory. You get the following information when you do a trademark search:

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    Who has applied for the same or similar trademark

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    The application number and the date of application

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    The class under which the application was made

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    The status of the application (approved / withdrawn / registered / objected / abandoned)

# When Do You Need a Trademark Search :

The trademark search is not a tool you use once and forget about, but a tool you need to bookmark.

Here are the reasons why:

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    Trademark Registration

    If you are someone looking to register your trademark, then the first step in the process is to do a thorough search of the existing trademark registrations and applications. Here, this tool comes in handy. You can run your preliminary search to check whether your trademark is available or if it’s taken by someone else.

    After you run a basic search, you can contact Tax Trims to take care of the trademark registration for you.

    We take care of all the key tasks so that you don’t have to worry about analysing the search results, identifying the right class for your product/service, or making sure you are submitting your application error-free.

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    Protecting Your Trademark

    The use of a trademark search tool is not over if you have registered your trademark. It is also necessary to ensure that your trademark rights are protected. New trademark applications are submitted every day and someone can attempt to register the same or a similar trademark as yours.

    The trademark search tool helps you keep an eye out for such possibilities. When you do find someone trying to register your trademark or a similar one, you can make an objection.

    This can be a time-consuming process for you to keep checking every now and then. So, to make it easier for you Tax Trims provides our trademark watch service.

    Through trademark watch, we make sure that your rights are protected by regularly checking new trademark registrations and giving you real-time information about any possible infringement.

# Trademark Search Benefits for You :

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    Our search is not restricted to similar/identical word matches alone. We identify similarities in word meanings as well.

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    We design a customized trademark watch parameter to suit your unique needs.

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    You can store and review your watch reports in our user-friendly web portal

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    We offer highly affordable services with volume discounts

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    We provide timely reports so that you can act fast to protect your intellectual property

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    We leverage state-of-the-art technology to identify visual and phonetic resemblances

# Respond to TM Objection :

Trademark Objection - An Overview :

A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

# Reply to Trademark Objection #

# Checklist For A Trademark Objection :

The Trademark Examiner scrutinizes the trademark application to make sure the application isn’t in conflict with any trademark rules. A trademark application can face objection for any of the following reasons:

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    Filing Of Incorrect Trademark Form :

    If the application is not filed using the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.

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    Incorrect Trademark Applicant Name :

    Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.

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    Usage Of Deceptive And Offensive Terms :

    Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.

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    Insufficient Information On Goods/Services :

    When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.

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    Existence Of An Identical Mark :

    The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses.

# How To File A Trademark Objection Response - A Detailed Process :

When an objection is raised, the status of the trademark in the Indian Trademark Registry will be marked as “Objected”. The following are the steps to file a response in the event of a trademark objection:

  • # STEPS :

    1

    Analyzing Trademark Objection

    The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.

  • 2

    Drafting Of Trademark Objection Response

    The next step is to draft a trademark reply which should include the following :

    • A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case

    • The differences between the conflicting mark and the mark of the applicant.

    • Other supporting documents and evidence that validates the response.

    • An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same

    • The response draft is then filed online on the Trademark e-filing portal.

  • 3

    Trademark Hearing

    If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.

  • 4

    Publication In The Trademark Journal

    If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal.

    In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.

  • 5

    Registration

    Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.

# How Tax Trims Helps With The Trademark Objection Process :

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    Intimation

    If you have filed your trademark with us, we will intimate you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it's best you contact us within a month from the publication of the report.

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    Our Legal Team

    We give due importance to each case and our best lawyers will handle your case and prepare the documents. The response will be submitted.

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    Handling Objections

    If the Registrar does not accept your initial response, an interview is scheduled, where the arguments are presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.

  • Documents required

    • Authorization letter

    • Affidavit of usage

    • Examination report

    • Trademark hearing notice

    • Documentary proof of Trademark in commercial use.

    • The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date



# Logo Design

Logo Designing - An Overview :

A logo is nothing but a visual design that represents one’s brand and business. It generally features prominently on any given business’ stationery (envelopes, letterhead, etc.), branding and advertising materials, business cards and so on. A logo could simply be pictorial, typographic, or even a combination of both.

  • # Custom Logo Online :

    Why does your business need a distinct logo and branding?


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    • A unique and distinctive logo immediately grabs the attention of your customers and sets you apart from your competitors.
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    • By associating a business logo with your product or service, you’re taking your first steps in brand-building and brand recognition.
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    • The colours, tones and fonts used in your logo design will later translate onto all of your branding materials – your website, letterheads, business cards, etc. – creating a concrete, holistic and marketable brand identity. Your company logo design is the basis for your brand identity.
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    • A recognizable business logo goes a long way toward building brand loyalty - as your brand grows, your logo is going to become familiar to a large number of consumers. This familiarity creates the impression that you’re trustworthy and reliable.

  • # In 3-5 business days, you will receive :

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    • 2 hi-res logos in JPG & transparent PNG + upto 10 iterations
    • Source File
    • Printable Resolution File
    • Stationery Designs (for Letterhead, Business Card and Envelope)
    • Social Media Kit
    • Vector File

    You can add on our trademark registration services to any of the packages above at special discounted rates, so your company logo design and brand are protected from day one!

# Trademark Renewal :

What is Trademark Renewal?

Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organizations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration’.

# Go for Trademark Renewal :-

@ Benefits of Trademark Renewal @

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    Legal Protection

    if you believe your registered trademark has been infringed, you can easily establish your rights in court. Trademark registration is essential in sectors in which piracy is rampant.

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    Business Opportunity

    A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.

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    Unique Identity

    You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.

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    Checklist For Trademark Renewal :

    • Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.

    • The intent for commercial use should be analyzed for eligibility.

    • Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.

    • If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.

    • Procure and prepare an application for renewal and thereby comply with appropriate conditions.



# How to Renew a Trademark :

There are two kinds of renewal :

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    Alteration and change of sign or logo of the registered trademark.
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    Application made without any change of trademark.
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    The procedure is as follows :-

    • An application for renewal is made in the form of TM-R.

    • The application can be filed by either the registered owner of the trademark or an agent authorized by him.

    • Filing a renewal application for trademark, renews it for another 10 years.

    • After filing the Trademark Renewal application, it is very important to check the status of your application periodically until it is processed by the registrar.

    • The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not. If accepted then it is advertised in the Trademark Journal. Therefore, the renewal process should begin 3 to 6 months before the expiry of the trademark.

    • Form-18 is used to file the application, with the requisite fees. The application is reviewed for quality before it is finally approved for renewal.

    • # How Tax Trims Helps With The Trademark Renewal Process :

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    Requirement

    As soon as you send us your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 5000 in government fees, while restoration costs Rs. 8000.

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    Renewal Application

    Our lawyers will start working on your Trademark Renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to be filed with the registrar, along with renewal fees.

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    Confirmation

    We will keep you up-to-date on the status of your application, and within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.