File TM Protect your brand name, Slogan or Logo. Register now
What is trademark?
A Trade Mark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent
fraudulent use of the mark.
Why is trademark registration is important?
Registration of a trademark is very important for a company or if you’re starting a new business or trade. The company’s logo, name or signature is the first thing that should be unique from the rest. It should be protected from the others. Registering a trademark is a legal process that is provided under the Trade Marks Act,1999. A Trademark is a symbol that makes the mark legally valid. Hence, registering your mark under the trademark act is very important for a company, so that the mark can be secured from the rest of the competition of that business. Registration of trademark for your business is very easy. Anything like a symbol, mark, signature, etc which is important for a business should be registered, so that others cannot misuse the company assets.
Advantages of Registering a Trademark
There are many advantages of registering a trademark. Some of them are:-
Trademarks make it easier for your customer base to find you: Trademarks
distinguish your services and products from those of your competitors. This
identifies you as the source and indicates a consistent level of quality of your services and products. Trademarks also increase brand awareness and goodwill. Trademarks help prevent marketplace confusion: Trademarks prevent confusion as to the source of the goods and services.
Trademarks are economically efficient tools: Trademarks create a face value in the market among competitors. Furthermore, they give your business a monopoly over the brand name.
Trademark office located:-
The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are located in Ahmadabad, Chennai, Kolkata, Mumbai and New Delhi.
PROCESS FOR APPLICATION OF TRADEMARK:
1) Make a public search before filling of application for trademark.
a. Enter the link www.ipindia.nic.in
b. Click on Trademarks
c. Click on Public Search
d. Click on class details to select the desired class With trademarks, the class or
classification means what kind (class) of goods or services offered are being
represented by a certain trademark.
d. After the selection of class, return to the public search, write the class number in the prescribed field. Then, write the word mark for which application is to be made.
We can search word mark by splitting the word so that the similar trademark search will be displayed.
For e.g.: The word is Company Secretary, search can be made as below mentioned:
– Or full word, company secretary
e. Click on the search button, the trademark similar to proposed trademark will be displayed on screen.
f. After public search make an application for registration of trademark, through offline or online.
Offline (by submitting physical documents)
1. TM 1: Application for registration of a trade mark for goods or services
2. TM 48: Form of authorization of an agent (general power of attorney)
3. One covering letter
4. Board resolution (in case application is made by a Company)
5. List of Directors (in case application is made by a Company)
6. Along with a DD of Rs.4, 000/- per application in favor of “Registrar of
Enter the link http://ipindiaonline.gov.in
Sign up for first time registration
Steps to Register for e-Filing
1. Procure a class III digital signature from any of the Indian Certifying Authorities and install the same on your computer.
2. Download and install the Signing Component as per the instructions given in the Digital Signature Manual.
Click on proceed for registration and register yourself.
Create an ID and password which will be used at the time of filling applications.
On submitting the documents whether online or offline an application number will be generated for the said trademark, which can be used to check the status of application made.
1. Name of the Individual Applicant or Company Name with Age:
2. Authorized Signatory’s Name, Father’s Name:
3. Address for registration with pin code:
4. Legal Status (Proprietorship / Partnership / Pvt Ltd / OPC / LLP):
5. Name of the Brand:
6. Logo if any (Please attach in JPEG format):
Nature of Business:
7. Date of first use of the Brand
Protect Your Work
What is copyright?
A copyright is a form of protection provided by the laws of the United States to authors of “original works of authorship.” This includes literary, dramatic, musical, artistic and certain other creative works. Material not protected by copyright (or otherwise protected) is available for use by anyone without the author’s consent. A copyright holder can prevent others from copying, performing or otherwise using the work without his or her consent.
Documents Required for Copyright Registration:
1. Personal Details
2. Name, Address & Nationality of the Applicant
3. Name, address and nationality of the author of the work
4. Nature of the applicant’s interest in the copyright – whether the applicant is the author of the work or the representative of the author
5. Copies of the original work
6. ID proof of the owner and Incorporation certificate if it is for business
7. Nature Of The Work
8. Class & Description of the Work
9. Title of the Work
10. Language of the Work
11.Date of Publication – Publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as
Rights of the copyright owner
Right Of Reproduction
Right Of Adaptation
Right Of Communication To The Public
Right Of Public Performance
Right Of Paternity And Integrity
Right Of Distribution
Get your patent registered/ Free consultant
A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem.
The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention.
What can be patented?
1.The subject matter must be patentable.
2. The invention must be novel.
3. The invention must have some utility or usefulness.
4. The invention must not be obvious.
Requirement for Patent filing in India :
We can file the following types of patent applications in the Indian patent office:
● Convention Application (within 12 months of the priority date)
● PCT Application (National phase)-within 31 months of the priority date.
● National Application (Provisional & non-provisional application)
1. Application for Grant of Patent in Form 1 in duplicate [section 7, 54 & 135 and Rule 20(1)].
2. Provisional/Complete specification in Form 2 in duplicate [Section 10; Rule 13]; comprising • Description • Claims • Drawing (if any) • Abstract.
3. Statement and Undertaking in Form 3 in duplicate [Section 8; Rule 12].
4. Power of Attorney in Form 26 (in case a patent agent is assigned) (in
original)(Rule 3.3 (a)(ii)).
5. Declaration of Inventorship in Form 5 in duplicate (only where applicant and inventor[s] are different);(Rule 4.17).
6. Form 28 (in case the applicant is a small entity) (Rule 2 (fa) & 7).
7. Certified true copy of the Priority document (in case priority is claimed).
8. Requisite Statutory fees (cheque / DD).
Procedure of Patent Registration in India :
Step 1 : Patentability/Novelty Search
Step 2 : Patent Drafting
Step 3 : Patent Filing
Step 4 : Publication
Step 5 : Request for Examination
Step 6 : Issuance of Examination Report
Step 7 : Hearing with the Controller
Step 8 : Grant of Patent