Trademark

Trademark Registration

Safeguarding Your Business Identity…

A trademark highlights the uniqueness of your business/organization by giving it an identity. Getting a trademark certificate makes your brand, mainly its name, logo, products, services, etc., stand out from the rest of your contemporaries. In simpler words, trademark registration reduces the risk of plagiarism, protects your services & investments, and creates a level of trust among your consumers as they can differentiate your offerings from others. It allows you to take legal action against others who duplicate your business ideas or use your products/services to promote theirs without giving you credit. At Shivaay Associates, we understand and respect that you have put your heart and soul into your organization. To ease your burden, we offer the best accounting, legal & regulatory compliance services in India so you can avoid violations and hefty penalties. This would help you focus your energies on the other major aspects of your business. We have the required experience and resources to help our clients manage legal compliances and regulatory compliances for partnership firms and different types of companies.

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Trademark Registration In India - What All Can You Trademark?

  • Your brand image is a result of multiple elements that define the essence of your business. You can trademark all of these to protect the individuality of your business. Here’s a list of objects you can file a trademark for:
  • Brand name
  • Brand logo
  • Brand tagline/slogan (e.g., 'Just Do It')
  • Celebrity name, stage name, or moniker (in case of an individual, e.g. Beyonce)
  • Personalized abbreviations (like AT&T, KFC, etc.)
  • Signature marks like sound (e.g., Nokia's caller tune), unique color combinations for a brand (e.g. the colors used on Cadbury's product wrappers & Google products), and scent (in the case of perfume brands), etc.

What Happens When You Have A Trademark Registration In India?

  • A trademark offers legal protection to your brand. Others who wish to duplicate trademarked products/services or use them to generate their products/services need to get official permission by paying a standard trademark licensing fee and signing a contract with the trademark owner. There are certain cases where others can use the trademarked brand name/idea, despite trademark registration in India. Two of them are as below
  • Using for editorial or awareness purposes (like providing information about your specific brand and products)
  • Using for product review or comparison (like in case of movie/book reviews)

Process Of Trademark Registration - How To Register A Trademark In Simple Steps

  • The process of trademark registration is quite long and requires a lot of research from business owners. The basic steps include:
  • Preparing a list of all the elements that represent your brand as a unique identity (like name, logo, tagline, images, color combinations, etc.)
  • Consulting with an expert to understand the process of trademark registration, usage, and breach of copyright.
  • Selecting appropriate category/class of trademark items under which you wish to file an application
  • Filling up the logo registration form to protect your logo
  • Filling up the TM-M & TM-A forms and uploading the signature of the applicant.
  • Providing relevant documents to support your trademark registration form.
  • Forwarding the documents to the authorities.
  • Once your documents are verified & your trademark is registered, you can download the logo registration certificate and other trademark registration documents from the official government website.

How Can Shivaay Associates Help You With Trademark Registration In India?

  • Shivaay Associates simplifies the trademark registration process for its clients and informs them of the technicalities involved. In India, there are 45 trademark classes (categories) under which businesses register their products and services. Business owners have to carefully select the right class to ensure the validity of their trademark. These products or services may fall under multiple classes. In this case, they need to choose all the relevant classes and produce proper paperwork supporting each of them.
  • Being experts in online trademark registration, Shivaay Associates can help you with:
  • Conducting in-depth research of the TM directory so you could choose relevant trademark classes
  • Preparation of 'Letter of Authorization' to choose everything that represents a brand and file an online trademark registration on the behalf of business owners
  • Offering insights and advice on how to file trademark registration online
  • Conducting logo registration on your behalf
  • Filing the online trademark registration for other brand elements with the registrar
  • Providing updates on the trademark registration process
  • Initiating further process in the case of trademark violation
  • Countering any case of trademark opposition
  • We offer all these services at an affordable trademark registration fee so that our clients can be at ease. You just have to provide us with the following details and be assured that your brand identity will be registered in a matter of a few days.

Documents Required For Filing The Trademark Registration Online

  • Here are documents that you need to provide us in case of both offline and online trademark registration.
  • Identification proof of the business owner (or signatory)
  • Business location (or address proof in case the signatory is an individual)
  • Offering insights and advice on how to file trademark registration online
  • A duly signed application for online trademark registration (Form-48)
  • Proof of business (business registration form copy)
  • MSME registration certificate or Udyog Aadhar for the brand (it is optional)
  • Besides the aforementioned documents required for trademark registration, you also need to give us details on your:
  • Business name, type & goals
  • Brand slogan, logo, and any other unique signatures
  • Brand registration address
  • Get in touch with an expert at Shivaay Associates to get more information regarding trademark registration in India.

Important FAQs

Yes, your trademark registration request can be rejected if your trademark request is confusing or matches a previously registered trademark. It can also be rejected if you have requested to trademark commonly used names, common words, and geographical locations, or it is likely to hurt the religious/cultural sentiments of the users.
You can still use the trademark if your product class is different unless the registered trademark is of a world-renowned, old brand like MacDonald.
It usually takes 1 to 3 months for the authorities to approve a trademark registration request.
Your trademark is still valid if it is in the name of the business owner and not the company. However, you should register it under the company name to avoid lengthy paperwork in case you decide to sell the company or transfer the ownership later.
A ™ symbol is an abbreviated superscript used to denote an unregistered trademark for goods. The ‘SM‘ symbol is similar to the ™ symbol, but is used to represent unregistered services. The Ⓡ symbol is used as a fully-protected registered trademark, which provides businesses the benefit of ownership.