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A Trademark is a mark capable of distinguishing a brand and its products/services from its competitors. Thereby, Registering a Trademark is crucial in securing a business's Intellectual Property Right<br><br>For more info contact us: https://www.unimarkslegal.com
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TYPES OF TRADEMARK GENERIC MARKS Exclusiver Trademark that became public Jupis (Generic) with the passage of time. Marks that which describes some characteristic(s) of the Goods/Services in question. DESCRIPTIVE MARKS FANCIFUL MARKS Terms which can be easily Registered. They do not have connection with the nature of type of Goods/Service offered. Trademark Registration Process
Trademark often used but have no nexus with the Goods/Service offered by the Business. ARBITRARY MARKS A Trade dress includes identifying features of product or company such as packaging Elements, Decor items, and other similar concepts. TRADE DRESS A service mark is the same as a Trademark. But it distinguishes a company that provides service instead of product. SERVICE MARKS Marks that have a very slight connection to the Product/Services and requires imagination to establish it. SUGGESTIVE MARKS Trademark Registration Process
WHAT IS A TRADEMARK AND WHY SHOULD YOU REGISTER IT ? • Any mark in the form of Name, Logo, Shape, or combination of it which capable of being distinguished from other marks is called a Trademark. • Once you Register your Trademark. You are preventing others from using your mark. A Registration Trademark is secured from Infringnes and helps in expanding the Business. Trademark Registration Process
How to select a Good Trademark Strong Weak vs Description Terms Coined Terms Generic Terms Fanciful Terms Surnames Arbitrary Terms Deceptively Confusing Marks Suggestive Marks Animal or Plant Names Letter Acronyms and Numbers Unrelated or off the Roll Terms Superlative or Laudatory Words Trademark Registration Process
BENIFITS OF TRADEMARK REGISTRATION Confers Exclusive Rights Builds Trust And Goodwill Differentiates Product From Compettiors Creation Of Asset Identify Product Quality Protection For 10 Years At Low Cost Global Trademark Registration Protection Against Infringement Trademark Registration Process
DOCUMENTS REQUIRED FOR REGISTRATION LLP, Partnership, Company Individual • Copy of Logo • Form 48 (Power of Attorny) • Proof and Address Proof of Applicant • Copy of Logo (OPTIONAL) • Signed Form-48.(Power of Attorny) • Udhayam Registration Certification (In Case of MSME) • Incorporation Certification or Partnership Deed. • Identify Proof and Address Proof of Signature Trademark Registration Process
WHO CAN FILE FOR TRADEMARK REGISTRATION • An individual, Joint Owners, A Proprietorship Firm, Partnership, Trust, Society, and Foreign company can file an application for Trademark Registration. • Basically, any person claming to the proprietor of the Trademark can file for Registration of a Trademark. Trademark Registration Process
MODES OF FILING File your application for Registration to the registrar office of trade marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. • MANUAL FILING File your Trademark Registration through the online Government Trademark Registry. This method is way more faster and cheaper than manual filing. E -FILING It takes 15-20 days to receive the aknowledgement in manual application whereas the acknowledgment is received immediately in case of E-Filing. Trademark Registration Process
PARTICULARS TO BE MENTIONED IN THE APPLICATION • NAME AND ADDRESS (APPLICATION) • TYPE OF TRADEMARK • CLASS OF GOODS AND SERVICES • TYPE OF BUSINESS - SOLE PROPRIETOR/SMALL ENTERPRISE/ HUF ETC. • TRANSALATIONS OF THE MARK(IF REQUIRED) • SPECIFICATION OF GOODS/SERVICES OF THAT PARTICULAR CLASS • POWER OF ATTORNEY • PRIOR USE DETAIL (IF ANY) • SOFT COPY OF THE TRADEMARK • CONDITIONS OR DISCLOSURES • ASSOCIATED TRADEMARK (IF ANY) • PRIORITY CLAIM Trademark Registration Process
PROCEDURE FOR TRADEMARK REGISTRATION INCASE NO OPPOSITION IS RAISED FILE APPLICATION PRELIMINARY EXAMINATION – FORMALITY CHECK EXAMINATION REPORT ACCEPTSANCE OF TRADEMARK TRADEMARK CERTIFICATE ISSUED CALL FOR OPPOSITION Trademark Registration Process
TIMELINE FOR TRADEMARK REGISTRATION Trademark Registration is a lenghthy process and it takes arround 6-8 months to obtain registration in a straight – forward case, without any objectives or oppositions, however, the trademark application number is usually issued within one or 2 days after filing Trademark Registration Process
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