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TRADEMARK REGISTRATION
BY
WWW.STARTUP-MOVERS.COM
 TRADEMARK REGISTRATION
A registered trademark is an important asset for a business used to
protect the company’s investment in the brand or symbol. A trade mark
provides protection to the owner of the mark by ensuring the exclusive
right to use it, or to authorize another to use the same in return for
payment.
 BENEFITS OF TRADEMARK
REGISTRATION
GUARDS THE COMMERCIAL GOODWILL
• A trademark’s registered owner has a right to create, establish and protect
the goodwill of his/her products or services. The owner can stop other
traders from using his trademark unlawfully.
 BENEFITS OF TRADEMARK
REGISTRATION
LEGAL PROTECTION
• A registered trademark gives its owner a legal right in case of
infringement. Not registering a trademark may leave the owner of the
original brand name without any remedy.
 BENEFITS OF TRADEMARK
REGISTRATION
ADVERTISES GOODS AND SERVICES
• Registering a trademark creates a face of the company or the goods and
services. This helps to distinguish and facilitate brand creation. Most of
the companies find their identity via trademark hence it pays a pivotal role
in advertising and increases the brand value.
 BENEFITS OF TRADEMARK
REGISTRATION
CREATION OF AN ASSET
• Trademark registration in India creates an intangible asset. Registered TM
can be sold, assigned, franchised or commercially contracted to bring
benefits to the company or the individual proprietor.
 BENEFITS OF TRADEMARK
REGISTRATION
BUSINESS EXPANSION
• A trademark establishes a connection between the customers and the
products of an enterprise. With efficient or unique products, you can
create a customer base.
 BENEFITS OF TRADEMARK
REGISTRATION
PRODUCT DIFFERENTIATION
• Trademark registrations are distinct to the goods or services they
represent. Trademark will enable differentiation of your product as against
the products of your competitors.
 WHO CAN REGISTER?
• A sole proprietor
• Partnership firm
• Limited liability partnership
• Any Company
• Trust or Society
• Any Body Corporate
 WHY SHOULD YOU GET YOUR
TRADEMARK REGISTERED?
• Legal ownership to your brand- you need to register your trademark to
have a solid legal ownership of your brand.
• Freedom to operate- If you do not register your trademark, it is possible
(or even likely) that somebody in another country will register a similar
name.
 WHY SHOULD YOU GET YOUR
TRADEMARK REGISTERED?
• Put others in notice of your rights- Registering your trademark is a good
way of reducing the likelihood of somebody infringing your rights.
• Increase the value of your brand- Registered trademarks increase the
value of your brand.
 WHY SHOULD YOU GET YOUR
TRADEMARK REGISTERED?
• Investor’s value intellectual property protection- Investor’s value
companies higher that has protected its intellectual property.
• Leveraging revenue resources- Trademark protection is essential for
licensing
 PROCESS OF ISSUE OF TRADEMARK

The overall incorporation application filing may take 4-6 business days.
• 1. Collection of basic information
• Appropriate class
• Trademark Search & Availability Check to reduce chances of the
application being objected or opposed or refused.
• Prepare search report and send it for review
 PROCESS OF ISSUE OF TRADEMARK
Filing of Trademark Application
• Prepare trademark application and send it for review
• Filing of online Trademark application
• Registrar will examine application, if accepted unconditionally, the trademark
gets published in the Trademark Journal
• If not accepted unconditionally, the conditions to be fulfilled or the objections
would be mentioned in the examination report and a month's time would be given
to fulfil the conditions or response to the objections
 PROCESS OF ISSUE OF TRADEMARK
Publication
• Once such response is accepted, the trademark is published in the Trademark Journal.
• If the response is not accepted, one can request a hearing.
• If in the hearing, the examiner feels that the trademark should be allowed registration,
it proceeds for publication in the Trademark Journal.
• If, after 3-4 months from publication there is no opposition, the trademark proceeds
for registration. In case there is opposition; there is a fair hearing and decision are
given by the Registrar.
 PROCESS OF ISSUE OF TRADEMARK

Receipt of Registration certificate

• Once the application proceeds for trademark registration, following
publication in Trademark Journal, a registration certificate under the seal
of the Trademark Office is issued
• The trademark can be renewed perpetually after every 10 years. Hence,
your logo or brand name registration can be protected perpetually
 DOCUMENTS REQUIRED FOR
TRADEMARK
• Legal Status of the Applicant i.e., proprietorship, partnership, individual,
HUF, Body Corporate
• Name and address of the proprietor/partnership, individual, HUF, or
other Body Corporate
 DOCUMENTS REQUIRED FOR
TRADEMARK
• Charter documents
• For company- COI, MOA, and AOA
• For LLP-Details of partners along with LLP Agreement in case applicant is LLP
• For partnership- Partnership deed
 DOCUMENTS REQUIRED FOR
TRADEMARK
• Nature of business of the applicant
• Trade mark to be applied for i.e., wordmark, device mark etc along with the
logo
• Translation or Transliteration of the Trade mark (if in any language other than
English);
• User detail of the Trade marke., Proposed to be used or if the mark has been
commercially used then the date of first use (dd/mm/yyyy) should be filed
• Brochure of the entity
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