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Trademark Application - Register your Trademark in India for just Rs 5750 with Shoplegal. We offer affordable trademark registration services. Anyone aiming to own a brand, whether in use or proposed, can apply for trademark registration through us. The application is filed at the Trade Marks Registry in India. The Registrar may approve it outright or with necessary adjustments. Once accepted, it's advertised in the trademark journal. After the opposition period, the Registrar issues a certificate. Trademark registration lasts ten years and can be renewed. There are 45 classes in which trademarks are categorized, and we assist in choosing the right class for your business. Our advisors guide you through the appropriate classification for your brand name.

Legal Requirement of a Trademark:

Conditions for a Trademark:

  • Must have a graphical representation.
  • Should distinguish goods or services from others.
  • Usage in connection with goods or services.
  • Shouldn't describe the product or service directly.

Refusal of Trademark Application:

Trademarks might be rejected due to Absolute or Relative grounds for refusal.

Absolute Grounds For Refusal

  • Can't distinguish one person's goods/services from another's.
  • Indicates the type, quality, purpose, origin, or characteristics of the goods/services.
  • Commonly used in the industry or languages.
  • Causes public deception or confusion.
  • Might offend religious sentiments.
  • Prohibited under the Emblems and Names Act, 1950.

Relative Grounds For Refusal Of Registration

  • A trademark that matches or resembles an earlier trademark (applied or registered). Due to copyright laws.

Trademark Registration Process after filing the application:

  • The Registrar considers the application and evidence of use or distinctiveness to decide on its acceptance for registration. If accepted, it's published in the Trade Marks Journal, an official paper of the Trade Marks Registry, available weekly on the official website.
  • Any individual can contest within four months from the publication date. The opposition process takes place at the Trade Marks office. The trademark application is reviewed by the trademark examiner. They assess if the mark distinguishes the applicant's goods or services and if it could cause confusion with any earlier identical or similar marks on record.
  • Trademark registration applications are submitted to the Trade Marks Registry.
  • If no opposition is received within four months from the publication date, the application gets approved for registration.

Legal Protection

A trademark legally safeguards brand names and logos used for goods and services.

Intellectual Property

Trademarks are a form of Intellectual Property used to differentiate and identify the origin of goods from one another.

Unique Brand

An exclusive brand establishes an identity for a product, setting it apart from its rivals.

Boost Sales

The brand name establishes credibility, quality, and satisfaction in the minds of consumers.

Trust and Goodwill

Trademarks linked to superior products often build stronger goodwill and foster trust.

Global Recognition

Registering a trademark exposes the owner to the global market.

Trademark Symbols :

TM - Once the trademark application is filed, the applicant can start using the TM symbol.

® After the trademark gets registered, the applicant can begin using the R Symbol.

FAQ on Trademark Registration

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

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