Are you confused about trademark registration?  Come let’s make it simple with GCS.

What is a Trademark?

Trademark is an intellectual property which has its own brand value. Intellectual property rights can be availed for a brand/Business by any individual or an artificial person. The Intellectual property rights holder is called as the proprietor.

Details of the IP-rights holder, Brand, Business etc. will be recorded in the trademark registry.

What is this Trademark Registry?

The Trademarks Registry was established in India in 1940 and presently it administers the Trademarks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.

The Head Office of the Trademarks Registry is at Mumbai. Branches are located in Ahmedabad, Chennai, Delhi, and Kolkata.

For the purpose functions related to international applications and registrations under the Madrid Protocol, an International Registration wing is set up in the Head Office of the Trademarks Registry at Mumbai.

Why does a business need Intellectual property/trademark registration?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from the other. Since the Trademark is protected by the intellectual property rights, one’s business competitor cannot use the same symbol/series/wordmarks.

• Exclusive right

The owner can use the same trademark for all the products falling under the respected class applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from the unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized user of the Trademark Registered.

• Intellectual property acts as a Goodwill recorder.

Trademark/Goodwill represents the registered mark. It proves authenticity of the product to the customers and the extra earning power that it generates. Hence consumers will tent to buy from you because they recognize your name and brand.

Valuation of the Trademark/Goodwill is assessed when a business is bought or sold. The valuation ascertained for the goodwill is measured as the difference between the business purchase price and the value of the business’s tangible assets.

• Creation of an intangible asset.

Trademark registration creates an intangible asset. When we register the trademark with the intellectual Property Organization, India, the brand and company name will be published in the journal. That is a free of cost advertisement in an all-India business journal.

• Protection against infringement.

No other person/entity can use a trademark or logo which is registered under trademark act without the prior consent of the proprietor.

In case infringement of a registered logo or trademark, the proprietor can file for the legal protection under the Act/ compensation.

Know-more about the Trademark registration…!

1. PRE-REQUIREMENT: Digital Signature Certificate.

A digital signature certificate is a secure digital key that is issued by the controller of the certifying authorities. DSC is the tool needed for digitally signing the e-forms.

2. DOCUMENT-REQUIREMENTS:
   • Identity proof (Aadhar card, Driving licence, passport etc)

(ID proof of managing director in case of LLP / Company)

• Address proof (Electricity bill, CoI, etc.)
• Signed Form-48. (Digitally signed) Udyog Aadhar registration certificate.
• Copy of logo/wordmark.

3. GOVERNMENT FEE-REQUIREMENTS

What is Udyog Aadhar/UDYAM Registration…?

Udyog Aadhar is the apex registration for every business under the

Ministry of Micro, Small & Medium Enterprises, India. The Micro, Small & Medium Enterprises Act 2020, recognise every business on the grounds of annual turnover and approves the Udyam

Registration certificate with a unique number & a QR code for micro, small, and medium enterprises in India.

Udyam Registration helps in availing bank loans without collateral or mortgage, businesses can claim tax exemption of direct tax, can avail of loans at low-interest rates. In the case of patent registration, 50 % grant is available.

Know more benefits about Udyog Aadhar…!

• Exclusive consideration in international trade fair.
• Waiver of Stamp duty and Registration fees.
• Several Exemption under Direct Tax Laws.
• Barcode registration subsidy.
• Subsidy on NSIC Performance, Credit rating, etc.

STILL CONFUSED…! 

LET’S SEE A FLOW CHART OF TRADEMARK REGISTRATION…!

1. Search your mark…!

The Wordmark must be available for registration in the respected class in trademark registry.

2. Apply for Trademark…!

Collection/Gathering of documents required, drafting & filing of trademark application.

3. Formality check…!

First stage of application scrutiny. If the formality check is confirmed ok by the system, the application will be successfully submitted to the registrar of trademarks. If the formality check fails, then a reply to the report has to be filed within 30 days of receipt of intimation.

The first stage of the processing will take 7-10 working days.

4. Marked for examination…!

The Registrar will check the brand name, logo, wordmark, applied under various section of the trademark act 1999.

The process takes around 15 – 20 working days

5. Objection & Reply…!

If the proprietor receives an objection, the objection report has to be verified and the changes mentioned with-in the notice has to be taken into consideration. The reply to the objection must be filled to the ministry, within 30 days from the receipt of such examination report.

6. Hearing

Further in case the examiner is in need of more clarification or not satisfied with the reply to the objection, then office will schedule a hearing before approval/rejection of the application.

7. Accepted & advertised…!

The application will be accepted and advertised in the trademark journal in the following cases.

• There is no objection raised in the examination report.
• The reply to the objection is found satisfactory by the office of registrar.
• An application approved via hearing.

In all these cases, the trademark will be published in the trademark journal.

8. Opposition…!

Any party can raise opposition against the registration of a trademark within 4 months of publication of trademark in the journal. In case no opposition is received, the registrar of the trademark will process the Trademark for registration.

If an opposition is received, then;

HEARING: The last stage of opposition is the hearing. Here both sides will be allowed to argue and put their statements before the registrar.

9. Registration

The final stage of registration where the applicant will receive the certification of the trademark.

Qualified, GITPAC Consultants can help any business in availing of the Trademark.

For more details, Leave us a mail to [email protected]

Interested in Trademark registration…!

Let’s see the international exposure of Trademark…!

What is an international trademark…!

An international trademark is simply a trademark having recognition in more than one country. World Intellectual Property Organization is entitled with the duty for international trademark registrations.

World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is the United

Nations (U.N.) agency, charged with protecting International Intellectual property Rights (IP). WIPO’s international system promotes and sustains creativity and innovation and helps to develop international economies.

We can also register a trademark in WIPO, with the help of the Madrid System.

• MADRID SYSTEM

The Madrid system is a convenient and cost-effective solution for registering and managing international trademarks. The Madrid system is accepted by 126 countries including India. Via the Madrid System, the proprietor can file a single application and pay one set off fees to apply for protection in up to 126 countries. Also, the proprietor can apply for modifications, renewals, expansion, etc. through a global trademark portfolio centralized system.

Why Madrid system?

• Convenience

A single application in one language and one currency to apply for trademark protection in multiple territories.

• Global Recognition

Over 80% of the world economies are members in the Madrid system.

• Cost-effective

Save time and money by filing one application, rather than a bundle of national applications. No need to pay for translations or hire a representative in each country.

How to file your international trademark application…?

In order to file an international application, the proprietor must be registered or applied for a mark, in the “home” IP office. Once applied for or registered a domestic mark with the Office of Origin, an international application under the Madrid system can be filed with WIPO.

The application must be submitted to the Office of Origin, after the

Office of Origin’s approval, the application will be submitted to WIPO.

Qualified, GITPAC Consultants can help any business in availing an International Trademark.

For more details, Leave us a mail to [email protected]