TRADEMARK REGISTRATION @ Rs 5500
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Application for Trademark - Register your Trademark in India at Rs 5500. Shoplegal provides trademark registration at affordable cost. Any person want to be the owner of a brand used or proposed to be used by him, shall apply for the registration of his trade mark with Shoplegal. Every application shall be filed in the Trade Marks Registry in India. Registrar may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. After acceptance by the registrar of trademarks, it will be advertised in the trademark journal in the prescribed manner. Registrar shall issue to the applicant a certificate in the prescribed form once the opposition period is over. The registration of a trade mark shall be valid for a period of ten years and renewed thereafter. Trademarks are classified into 45 classes by the Trademark Registry. The brand name has to be registered in appropriate class. Shoplegal advisors help you to choose the appropriate class for your business.
Legal Requirement of a Trademark:
Should be capable of being represented graphically- Should be capable of distinguishing the goods or services of one person from those of others.
- Should be used in relation to any goods or services
- Should not describe the product or services.
Refusal of Trademark Application:
Trademark shall be refused on absolute grounds for refusal or Relative grounds for refusal.
Absolute Grounds For Refusal
- Not capable of distinguishing the goods or service of one person from those of other persons.
- Indication which may serve in trade to designate the kinds, quality, intended purpose, values, geographical origin or other characteristics of the goods or services.
- Customary in the current languages or in the bona fide and established practice of the trade or business.
- Deceive the public or cause confusion
- likely to hurt the religious of any class or section of the peoples of India
- Prohibited under the Emblems and Names Act, 1950.
Relative Grounds For Refusal Of Registration
- A trade mark which is identical with or similar to an earlier trade mark (whether applied or registered)
- By virtue of law of copyright.
Trademark Registration Process after filing the application:
- Application for registration of trademarks is received at Trade Marks Registry.
- Any person can file an opposition within four months from the date of publication - opposition proceeding will be conducted at the Trade Marks office.
- Application will be registered if there is no opposition received within four month from the date of publication
Legal Protection
A trademark provides legal protections to the brand names and logos used on goods and services.
Intellectual Property
Trademarks are a kind of Intellectual Property that is utilized to identify and distinguish one source of goods from another.
Unique Brand
Unique brand creates an image that identifies a product and differentiates it from its competitors.
Boost Sales
The brand name create level of credibility, quality, and satisfaction in the consumer's mind.
Trust and Goodwill
Trademarks associated with higher quality products tend to enjoy more goodwill and create trust.
Trademark Symbols :
Applicant can start using the TM Symbol, once the trademark application is filed.
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The applicant can start using the R Symbol, once the trademark is registered.
FAQ on Trademark Registration
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What is a trademark or service mark?A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes of the goods from one to others. A service mark is the same as a trademark, and distinguishes of the services from one to others.
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What is a trademark class?Trademarks are classified into 45 classes by the Trademark Registry. The brand name has to be registered in appropriate class.
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What is trademark search?Complete search of your trademark in trademark database is required before filing an application. This is very important because the results may identify potential problems. Shoplegal attorneys will help you to search the names.
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Is Trademark, Copyright and Patent same?No. Trademarks – Protect the brand name and logo. Copyright - Protects an artistic or literary work, Patent – Protect the inventions.
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Why Shoplegal in Trademark?You are required to have a registered Trademark Attorney represent you in trademark matters at the Trademark registry. Shoplegal licensed attorneys who specialized in trademarks can provide valuable advice and help you during the trademark applications process.
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How do I file my trademark application?You can file your trademark application and all related documents online using the below Shoplegal apply trademark link.
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What should I do after filing the trademark application?Examiner will review your application at about one month after the filing date; Check the status of your application at least every one month. Shoplegal attorneys will send application related e-mail communications or notices that you need to respond to.
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When can I use Trademark symbols?If your trademark is registered, use an R after the mark. If not yet registered, use TM for goods and SM for services, to indicate that you have applied this as a trademark or service mark in IP India.
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Why is my application being rejected?If your trademark is similar to an existing application, or if you apply common words it will be rejected.
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How to select a trademark?Don't select geographical name, common personal name or surname. No one can have monopoly on the same. It is advisable to select invented words or coined words.