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Trademark
A trademark is generally referred to as a “brand” “symbol” or “logo”.
A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline, letters, numbers or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Properly used and promoted, a Trademark may become the most valuable asset of a business.
Over time, trademarks become synonymous with a company name, so that you don’t even need to see the name to recognize a particular business. Think of the apple shape with the bite taken out that Apple uses as its logo, the swoosh logo that Nike features on all of its products, or the golden arches of McDonald’s. And Trademarks that are used to identify services are called service marks.
Benefits of Trademark
Exclusive rights
Legal protection
Brand identity
Consumer trust
Valuable asset
Global expansion
Documents Required
Individuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
- Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Company – Small Enterprise or Startup
The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.
Partnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Other Applicants
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Types Of Trademark Symbols
The TM symbol signifies that a brand is claimed by its owner, even though the trademark is not yet registered. It provides a degree of protection, helping establish ownership rights in cases of brand disputes or infringement.
The ® symbol indicates that a trademark is officially registered with the relevant authority. It provides full legal protection against unauthorised use, giving the owner the exclusive right to use the brand in connection with specific goods or services.
Protect original works, such as artistic or literary works, music, performances, and films. Copyrights are automatically granted if certain criteria are met
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