Trademark Registration

Trademark Registration

Market Price : Rs. 10,000

Offer Price : Rs. 7,000

Discount : Rs. 3,000 (30%)

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What is a Trademark?

A trademark is a distinctive symbol, logo, sign, word, phrase, or combination of these which identifies and differentiates the goods or services of one party from others in the market. Trademarks are very important in branding and safeguarding intellectual property rights. The following are the salient features and significance of trademarks:

Salient Features of a Trademark

Distinctiveness: A trademark must be distinctive, meaning it should be capable of distinguishing the goods or services of one business from those of others.

Protection: Trademarks provide legal protection against unauthorized use of similar signs or marks by competitors, preventing consumer confusion and safeguarding brand identity.

Registration: Although use of a trademark can create rights, registration with the appropriate trademark office (e.g., the USPTO in the U.S. or the IPO in India) gives statutory rights and legal presumption of ownership and exclusive use.

Renewal: Trademarks need to be renewed from time to time to continue protection, usually every 10 years, to ensure continued legal rights.

Infringement: Registered trademark owners can sue for unauthorized use (infringement) of their marks and claim remedies like damages, injunctions, and confiscation of infringing goods.

Documents Required for Trademark Registration

Details of Applicant

Individual/Proprietorship: Identity document (e.g., PAN card, Aadhar card, passport, voter ID).Address document (e.g., utility bill, Aadhar card, passport).

Company/LLP: Certificate of incorporation.Address document of the company (e.g., utility bill, lease agreement).

Trademark Details: Clear image or representation of the trademark. Description of goods or services for which the trademark is to be registered (class-wise, if any).

Power of Attorney Signed by the applicant authorizing a trademark attorney or agent to file and deal with the application (if any).

Form of Authorization If the application is being filed by a trademark agent or attorney, a form authorizing them to act on behalf of the applicant.

Priority Document If making a claim for priority on the basis of a previously filed application in another jurisdiction under the Paris Convention, produce a certified copy of the prior application.

Further Requirements: Legal Entity Evidence: In some jurisdictions, further evidence of the legal entity (such as partnership deed in the case of partnerships) may be requested.

Use Date: In certain jurisdictions, evidence of trademark use (e.g., invoices, advertisements, or packages) can be submitted at the time of filing or later in the examination process.

Procedure of Trademark Registration

Pre-filing Search: Perform a search for the trademark to determine whether the mark is available for registration and not conflicting with previously registered trademarks.

Application Filing: File the trademark application along with the necessary documents and fee to the corresponding trademark office.

Examination: The trademark office checks the application for compliance with the legal criteria, such as distinctiveness and earlier conflicting marks.

Publication: In case the application is up to standards, the trademark is published in an official gazette or journal for public notice.

Opposition Period: A period is given to third parties to object to the registration in case they are likely to be damaged by its registration.

Registration: After successful examination and no objections, the trademark is registered, conferring exclusive rights to use the mark for certain goods or services

Advantages of Trademark

Brand Recognition: Trademarks enable customers to recognize and differentiate products or services of a specific brand, inspiring brand loyalty and customer confidence.

Market Positioning: A robust trademark can solidify a business's market position, uniqueness, and competitiveness within the market.

Asset Value: Trademarks can be profitable intangible assets that add value to the overall business value, influencing valuation, licensing, and partnerships.

Legal Protection: Trademarks give a legal protection to avoid competitors from using the same or similar marks, safeguarding branding and marketing investments.

Global Reach: Registration of trademarks can give protection worldwide through treaties and agreements (e.g., Madrid Protocol), allowing for expansion in international markets.

Business Expansion: Registered trademarks can facilitate business expansion by giving sole rights to use the mark in new markets and regions.

Corporate Verdict: Your Partner in Trademark Registration

Corporate Verdict is a group of professional experts committed to helping business owners set up Public Limited Companies (PLCs) efficiently and economically. We are aware of the intricacies of the process of registration and make it hassle-free for our clients. Our services involve:

Expert Consultation: Offering elaborate advice on the viability and advantage of setting up a Public Limited Company.

Documentation Assistance: Helping in making and submitting required documents.

Compliance Support: Ensuring your Public Limited Company is in full compliance with all regulatory requirements.

Affordable Services: Providing low-cost solutions without compromising on quality.

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