Trademark is an identifiable mark which distinguishes the goods or services from other similar goods. Not only that but, it could also be a sign, design, expression, slogan, logo, graphic, sound, smell, word or name.
Likewise, Trademark registration enables the applicant to protect the company’s identity. The Trademark Registry has a list of 45 classes under which all types of goods and services are represented. The trademark applicant must mention in the application the type of goods and services the trademark will represent under one or more classes. And then finally, a trademark will be granted for that specific class of goods and services.
Registered trademarks are valid for 10 years from the date of filing. However, the trademark owner can file for renewal to keep the protection intact.
1. Trademark Search
At first, before going ahead with registration. Taxsavo professionals will carry out a TM search to check if the logo or brand name is available. Moreover, if you go ahead with your TM registry with Taxsavo, Our professionals make sure that an extensive search is carried out.
2. Selection of Class
Then every logo or brand name has to be registered under a specific class belonging to a specific sector of the industry. The TM Registry has classified services and goods under 45 classes. For instance, musical instruments are registered under Class- 14. On the other hand, Footwear is registered under Class- 25. Taxsavo professionals will suggest the appropriate classes you should register your product and services under the correct class based on the type of business it falls under.
3. Filling up of the TM registration form
The primary step towards TM registration is filing the TM application. After carrying out an extensive Trademark search that confirms the availability of the proposed Trademark. The applicant can file the application consequently.Fundamentally, the application requires the name, address and legal status of the applicant in whose name the TM needs to be registered. Moreover, if the mark is a logo or a label, Taxsavo will also require a clear picture of it.
Taxsavo requires the following documents for a TM Registration
a. Name of Applicant.
b. Type of Business.
c. Main Objectives of the business.
d. Name of the brand/ slogan/ logo.
e. Address of Registration.
Moreover, if the mark is already in use in India for any commercial purposes an Affidavit for the date of use is filed with the Registry. However, if it hasn’t been used for commercial purposes till date in India then the application can be filed on a ‘proposed to be used’ basis.
4. Trademark Number
After, the applicant files the TM application. The registrar provides a Trademark Number. The TM number is beneficial for 2 reasons. First is that it will help you keep a track of your TM application. And second, it will allow you to use the ™ symbol with your TM. Ordinarily, it takes 2 working days to get a TM number.
5. Trademark Certificate
Finally, after you submit the required details and the Authorization Letter to Taxsavo. we will carry out the procedure of TM registration application almost instantly.
Importance of Trademark Registration:
- A great business opportunity
- A legal protection
- Get your unique identity
- An asset
- Global filing of trademark
A Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catchphrases, 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 the 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.
For the purpose of trademark registration goods and services are classified into 45 classes out of which first 34 classes cover the goods and rest 11 (35 to 45) are for services.
Trademark has the following three types of symbols which can be used in different circumstances:
TM -This symbol can be used after filing the trademark application until the trademark gets registered.
R – This symbol is used after getting the certificate of registration issued by the trademark authority.
SM – This symbol is used for service marks to identify the services.
‘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.
Any person who claims to be an owner of the trademark may file the trademark registration application.
For the purpose of trademark registration ‘Person’ includes:
You can file a trademark application for any of the following marks: