Apply Trademark Registration Online

@ Marks & Brands

Your Trusted Partner in Intellectual Property Protection.

Register Your Trademark!

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How we make online filling of Trademark Simple?

At Marks & Brands we follow simple steps in the process of trademark registration

Step 1
Trademark Search

We conduct a thorough search of your brand

Step 2
Discussion on Class

We advice on classes you can apply for registration

Step 3
File your Application

We file online application to register your brand

Step 4
Regular Updates

We provide you with regular updates

How to register a trademark?

Steps involved to register a Trademark in India
Step 1
Trademark Search

Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not good enough reason to avoid a trademark search. Therefore, trademark search helps you to know if there are similar trademarks available in the class of goods or services which you deal and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.

Step 2
Trademark Application

Filing Trademark Application in India after you are sure that your chosen brand name or logo is not listed in the Trademark Registry in India, you can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is mostly done online. Once the application is filed, you can start using TM alongside your brand.

Step 3
TM Examination

After a trademark application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally or object. If not accepted an examination report will be issued and response to the objections is called for. Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing and pursue further remedies depending on the outcome.

Step 4
TM Publication

The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. 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.

Step 5
Trademark Opposition

Once the application proceeds for trademark registration, following publication in Trademark Journal, if any prior user or person having similarly registered trademark is offended, he can move an application for opposition of registration on the ground that the mark intended to be registered in deceptively similar to his mark. The Registrar after hearing the parties will pass an order accepting or rejecting the Opposition.

Step 6
Registration Certificate

Once the application proceeds for trademark registration, following publication in Trademark Journal, and depending on the outcome of opposition proceedings if any, a registration certificate under the seal of the Trademark Office is issued for a period of 10 years. Trademark Renewal The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

Benefits of Trademark Registration

Advantages of Registering a trademark

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Exclusive Rights
Nationwide Priority
Enhances Brand
Intangible Asset
Stops Misuse
Easily Transferable
Enhances Brand
Differentiates Product

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Benefits of Trademark Registration

What is a trademark?
How can I protect my trademark?
What rights does trademark registration provide?
How long does trademark protection last?
What kinds of trademark can be registered?
What is a trademark class?

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Documents required for Trademark Registration

Documents required at the time of filing trademark application
Details of applicant

Submit identity, address and nationality proof certificate along with application form. In case of trademark registration for a company, furnish documents supporting the country in which the company is registered, mentioning the complete registered address. Similarly, if it is for registering a trademark for a partnership concern, provide the ID, address and nationality proof documents of all the partners.

Power of Attorney

In case a trademark application has been filed by a trademark attorney or a trademark agent or a constituted attorney, then a power of attorney (Form TM 48) must be executed by the applicant in favour of the trademark filing agent. It is important to remember that the Power of Attorney must be executed in favour of an individual agent or attorney. Form 48 in favour of a firm without the name of any individual agent or attorney is not acceptable.

Description of goods or services

A fundamental feature of a trademark application is the description of the products and/or services that the trademark is to be used in connection with. Coming up with a description that is both accurate and in compliance with the requirements of the local trademarks office is one of the most critical and sometimes delicate steps in the process. Registration may at times be refused for a particular description of the goods or services.

Soft copy of trademark

The soft copy of the trademark is required to be submitted along with the application for registration of a trademark. Where a trademark contains one or more words or numbers in scripts other than Hindi or English, the applicant shall provide in the application, a precise transliteration and translation of each such word and number in English or in Hindi and state the language to which the word(s) or number(s) belong

User affidavit

In case of a prior user based trademark application, date of first use of trademark must be mentioned. In such a case, an affidavit is required to be filed at the time of filing the trademark application. This affidavit is to be filed to support usage of the mark in India. However, if a trademark is only proposed to be used, such user affidavit is note required to be filed.

Trademark Symbols used in India

Symbols that can be used after filing trademark application

TM Symbol

Businesses can start using the ™ symbol alongside their brand as soon as the trademark registration application is filed. This symbol is NOT indicative of registration.

R Symbol

The ® mark can be used once the trademark application is approved & registration is complete. The entire process usually takes eight to ten months if there is no opposition.Jo

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Trademark Services at Marks & Brands

We offer a wide range of trademark services
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Trademark Registration

We apply for registration of your brand name which will protect your business and customers. Once such application is filed, you can start using TM alongside your brand name and ensure no other business copy or misuse your brand name thereby your interest protected.

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Trademark Search

We do a comprehensive search of your brand name from the database. Searching provides a quick and simple means to investigate the availability of your chosen brand in your field of business. We also suggest you suitable modifications if any required.

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Trademark Opposition

We oppose registration of brand names by filing an application for opposition when a third party attempts to register his/her brand name which is deceptively similar to that of yours. This will prevent exploitation of your trademark by third parties.

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Trademark Renewal

We file applications seeking renewal of registered trademarks before the Registrar as a registered trademark is valid for 10 years and renewal of the same has to be made once in every 10 years. Failure to file a an application for renewal leads to removal of the trademark.

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Trademark Assignment

We advice and draft applications for assignment/transfer of trademarks as a brand or Trademark owner can transfer his rights with respect to his trademark by way of assignment or by licensing. Such assignment or licensing is required to be recorded in the register of trademarks.

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Trademark Litigation

We conduct suits for infringement and passing off before competent courts when trademark owners believe that their marks are being infringed. Criminal prosecution can be launched for falsification of trademarks. Rectification to remove registered trademarks can be filed.

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