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What is Trademark Registration ?

Trademark is a word, phrase, symbol or design or a combination of those that identifies and distinguish the source of goods of one party from those of others. Extensive use of trademark makes the users/clients to remember your product through the mark. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of MCDONALD'S and their tagline I M LOVIN' IT is a registered brand name. We can say your trademark result in building the images of the company which finally build the goodwill of your corporate. Trademark Registry gives the protection on the each brand name with the logo in their respective trademark class. A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. There are 45 Trademark classes where you can register your brand name in the type of the field which is related to your business or where you want to protect the brand or trade name.After Trademarking your logo or brand, a registered TM number which works as trademark license is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

Trademark Registrations or TM Registrations can be done through Herambindia in Nagpur, Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. You simply follow our step by step instruction given in our web site and provide required information to our team. Herambindia will submit your application to the registry on your behalf, monitor the registration process and update you timely. You need not go to the registry to know the status of your application; you just visit our site and get the updated information on registration your trademark. Our team will update the status online very regularly.Before trademarking, make sure to check trademarks availability and it should be your first priority if you want to start a company. Trademark public search is an important step before trademark registration. You need to do a close search for trademark name as it will help you to avoid future problems.

In case of any objection or litigation, Herambindia expert team will represent your case and handhold you till the completion of registration of trademark.

We discuss our fee transparently and charge you nominally for the professional services we render to you. You are rest assured that there will be no more hidden charges for the registration of your trademark.

Normally the applicant shall use the letters "TM" along with their mark once your application is accepted by the registry. Similarly, once the registration of your trademark is completed, you shall use the letter "R" along with your trademark or name.

Heramb India is Trademark Registration consulatants in Nagpur, Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Heramb India has Trademark Registration offices in Nagpur, Indore, kolkata, Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.

Why loose this opportunity when your trusted friend Herambindia supports you all through the registration process. Engage us and enjoy our services.

Procedure for Trademark Registration

1
COMPLETE OUR TRADEMARK FORM

You need to fill our simple online trademark application form & submit documents.


CONDUCT YOUR TRADEMARK SEARCH

To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.

2

3
SELECT APPROPRIATE CLASS

Depending on nature of your products, we shall suggest the appropriate class of the 45 classes.


TRADEMARK APPLICATION FILED

We create your Trademark application in 1 days and get your TM number

4

5
TRADEMARK REGISTRATION COMPLETED

Your trademark is registered in 6 months if no competitor objects to your trademark application

Trademark Registration Process

Upon filing of the application, the registry will issue us with an official receipt with the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.

If, following examination, the trade mark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.

Trademark Registration is a tedious process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, once the trademark application is filed, an application number is allotted immediately and the priority starts from the date of application.

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

Trademark Registration Cost or Fee

Trademark Registration have 2 type of the fees or Cost :-
a) Government Fee
b) Registered Trademark Attorney Fee

a) Government Fee are 4500/- INR for the same for the One Class of the trademark. its include your trade name with the logo. so always choose the right trademark class before the filings.
b) Registered Trademark Attorney Fee - You have to always file the trademark with the registered trademark attorney. Generally, the professionals charge nearby 2000/- to 5000 INR for the same.

Trademark Filing cost/fees with HerambIndia.com is as follows:

Trademark Application Cost

Trademark Search Free
Trademark Consultancy on Class and Availability Free
Government Fees Rs.4,511
GST Rs.270
TM Application Filing + Drafting Rs.1499
Total Cost Rs.6280



Before filing an application search for existing trademarks

Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry.
HerambIndia.com provides trademark search services in India, assisting clients in the selection of brand names and ascertaining whether any identical or similar trademarks are already existing in the records of the Trade Mark Registry.
The cost of conducting a trademark search is quite insignificant in comparison to the efforts and costs involved in rebranding due to infringement of others rights.
Therefore, a trademark availability search is highly advisable before huge amounts of money and time are invested in a trademark and the guidance of an experienced trademark attorney are extremely worthwhile.
In order to conduct a trademark search, kindly provide us with the following simple information:
i) Trademark to be searched
ii) Goods/Services in respect of which the trademark is to be searched
The trademark search results are reported within 1 or 2 business days.

Required Documents for Trademark Registration

Advantages of Trademark Registration

Legal Protection

You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.

Unique Identity

One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.

Creation of Asset

Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

Trust or Goodwill

As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.

Popularise your brand

Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.

What is a Trademark?

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and servicemarks.


Trademark Services

HerambIndia.com offers a comprehensive range of trademark services which include:
  • Trademark Search
  • Opinion on registrability of trademark
  • Filing and prosecuting trademark applications
  • Responding to office actions
  • Handling trademark opposition proceedings
  • Dispute resolution and litigation
  • Advice on validity of registrations
  • Advice on infringement and passing off
  • Issuing legal notice (cease and desist letters)
  • Publishing caution notice
  • Trademark watch and monitoring services
  • Renewal of trademarks
  • Trademark due diligence
  • Drafting license agreements, franchisee agreements and assignment deeds
  • FAQs on Trademark Registration

    What is Trademark?
    A trademark is your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receivingTM Application number you can start usingTM.
    Any trademark, which is identical or deceptively like an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registered as a trademark.
    Getting trademark registered has a number of business benefits such as:
    a. Register your brand to get an exclusive right to it.
    b. Protect your brand like other assets and belongings of your company.
    c. It will help you to protect your hard earn goodwill in business.
    d. You can stop others from promoting the same brand in the same industry of business.
    e. It will give you nation-wide protection for your trade.
    The Nice Classification (NCL) is an international system used to classify goods and services for the purposes of the registration of marks. It has total 45 classes (1-34 for products and 35-45 for services).
    Yes, one can register a trademark even before starting a business.
    No. Trademark is territorial in nature which means, if you get a trademark in India then it will be valid for India only.
    The registered trademark is valid for 10 years from the date of filing of an application. The trademark can be renewed further.
    Symbol “TM” can be used after filing of a trademark application. “R” should be used only after registration of a trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
    Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
    Trademark registrations are distinctive to the goods or services they represent. The registrations are product/service specific and are made of a “Class” of goods or service it represents. The trademark registration will, therefore, be valid for the entire class of goods or service it represents
    Yes, the authorities mandate it for applicants to verify all the documents they submit including the application for trademark registration using a Class III Digital signature. Our experts will help you e-verify the documents.
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