Trademark
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Services we provide under Trademark
- Trademark Registration
- Search for Trademark
- Respond to TM Objection
- Legal Metrology
- Logo Design
- Trademark Watch
- Trademark Renewal
- Trademark Assignment
- USA Trademark
- International Trademark
Trademark Registration In India – An Overview
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.
Registration of trademark provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
What Can You Register As a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for applying for trademark in india.
1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger lickin’ good’.
4. Other Options
a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it’s distinctive. Nokia has trademarked its tune.
c. Scent Mark: Even scents can be trademarked.
Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
How to Register Trademark in India With Vakilsearch
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Vakilsearch has made it easier for you by breaking it down into three parts and doing the majority of the work. Register trademark today to protect your company’s logo, slogan, and brand.
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration online in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete. process and watch out for any notifications from the Trademark Registry until the brand registration is complete.
Congratulations! You can now start using the symbol ™ as the application has been submitted!
Step 4: Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
Trademark Objections
In some cases, the trademark examiner might see certain problems or issues with the registration of trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.
When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.
If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
Trademark Opposition
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.
Documents Required for Trademark Registration Online India
Initially, you have to provide us with the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
Why Spinach Laws
Here is why you should choose Spinach Laws for trademark registration online
- We conduct a thorough search of the TM directory
- We prepare the authorization letter, so we can file for tm registration on your behalf
- Our experts guide you with the classes you need to apply under
- We fill and apply with the Registrar
- We constantly provide you with updates until the trademark registration process is complete
- You get the best support throughout the online trademark registration process and all your queries will be answered.
What Is a Trademark Search?
We will conduct a comprehensive analysis of your brand name, logo, design, etc. and compare it against various databases of registered trademarks. Registered trademarks are entered into the database by the registrant, which means that if someone else tries to register their own version of your brand identity or another similar mark, they’ll have to pay a fee first before it’s allowed to go through registration procedures.
How to Conduct a Trademark IP India Public Search?
- Searching for a trademark online If you’re looking for information about an existing trademark, conducting an online search is by far your best option
- The first step in conducting an online search is to conduct a keyword search on trademarks or brands that you believe might be similar to yours
- If the name entered doesn’t match anything within your given search parameters, move on to
- In order to find out if the name is on file with the trademark registry, check the Indian government’s trademark registry or perform a ip india public search
- Sometimes these databases will provide some insight into whether or not another company has filed for protection of their brand name against your use of yours as well
- If someone else has filed for protection of their brand name against the use of yours, this will be noted in each database record and usually includes links to their respective application.
Why Do You Need a Trademark Search India?
- Expertise: Make sure the company has experience in more than one industry and specialty so they can provide accurate results across different fields.
- Cost: Make sure the company charges a reasonable fee that’s competitive with other agencies.
- Time frame: Find out what their turnaround time is so you know how long you’ll have to wait for your results.
- Results: You want to find a reputable company that provides reliable results so you can be confident your potential trademark will be protected from infringement
How to Do Trademark Search in India ? – Brand Registration Check
An online trademark name search on the trademark registry can also be done on the Indian trademark database link. The trademark registry will then perform the search and send a report of any trademarks that are similar or potentially conflict with your trademark. When performing a TM public search, a company should consider the following four steps:
- Determine whether or not they should file for a trademark.
- Understand what type of trademark they need.
- File an application with the trademark registry.
- Protect their intellectual property.
Things to Look Out for When Conducting Your Trademark Search Availability
- The first step to conducting a tm search online is making sure you’re searching within the right legal jurisdiction.
- The Indian trademark registry is the governmental agency tasked with registering trademarks and copyrights in India.
- Additionally, if your company has filed for or will file for a trademark in another country, it’s best to search through that country’s trademark office as well.
- Next, it’s important to determine what type of trademark you’re trying to look up. Is your brand name search a word? A symbol? A design? An identifier?
Why Spinach Laws?
- Outsourcing is a great way to jumpstart this process — Spinach Laws can give you the advantage when it comes to getting noticed and capturing customer interest.
- But outsourcing alone isn’t enough. Your brand perspective is critical to driving success and avoiding common pitfalls. Not sure where to get started? We have got you covered.
Trademark Objection in India – an Overview
Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner’s investigation and the reason for trademark objection process.
Documents Needed to File Trademark Objection Reply
The following documentation is needed for trademark objections process:
- Report on authorised document
- Trademark examination report
- Identification documentation
- Process for address verification in trademark opposition
Trademark Objection Process
- Follow the progress of your trademark application
- Look into the trademark complaint
- File a trademark objection reply
- Review and double-check the response before filing
- Obtain commentary on the department’s response
- If your response is positive, your trademark will be published in the trademark journal
- As an applicant it is mandatory to appear during the hearing of The trademark.
How to File Trademark Objection Reply
It is mandatory to file a Trademark objection reply to the authorities within the given time frame. Vakilsearch can tackle the Trademark objection process easily without any hassles. As soon as you receive a Trademark objection notice read it thoroughly to analyse the grounds of objection.
- The first and foremost step is to file counter statement to the trademark objection process within a span of 2 months from receiving the notice
- The registrar will file for a hearing after receiving the Trademark objection reply
- You can provide the proof and other documents to prove your point
- Despite providing the documents if the registrar rules in favor of the opposing party you can appeal to the Intellectual Property Appellate Board (IPAB)
- The counter has to be filed within 3 months from the date of passing the order
- In case of any delays the applicant should explain the reason along with the fine of ₹2500
- If the reason is acceptable the IPAB will fix the date for hearing
- The filing process must be carried out in accordance with the IPAB’s rules and regulations
- All the documentation has to be verified, all the application has to be endorsed by the deputy registrar
- If the deputy registrar finds any defects with the application a notice will be provided
- The corresponding changes have to be completed and submitted within 2 months
- In case of any delays the application will be abandoned
- Based on the provided documentation the IPAB will decide the case.
Reasons for Trademark Objection in India
Utilising Incorrect Trademark Form
If the registrar finds that The trademark application is not in the right format a trademark objection process will be initiated. The applicant may overcome this objection by submitting a trademark alteration request on form TM-16.
The applicant name on the trademark application is incorrect
Under the scenario the corresponding authorities will initiate the trademark objection process. Based on the rules and regulations the applicant name has to be submitted on the trademark application on Form TM-16. In case of any mistakes, requests should be raised for altering the same through Form TM-16.
Not submitting the TM-48 trademark form
If Form TM-48 is missing an attachment or is filled out erroneously, a trademark examiner will initiate the trademark objection process.If someone other than the applicant has submitted the application, a properly stamped power of attorney in their favour must be filed.
The applicant must ask for the reasons in order to overcome an objection for submitting a Form TM-48 that is wrong or incomplete. The applicant must submit a request for the trademark application to be rectified in order to override an objection for an erroneous or incomplete Form TM-48.
Address is not correct on the trademark application
It is mandatory to provide the business address on Form TM-16. If the business address is wrong then the Trademark objection process will be initiated by the corresponding authorities. The applicant’s Indian address must be recorded on Form TM-16 because they don’t have a sizable place of business there. The applicant has to submit a trademark application rectification request using form TM-16.
Unclear Specification of Goods or Services
The description of goods and services for Trademark Class xx is extremely broad and vague. On Form TM-16, the precise goods for which the trademark registration in India is requested should be listed. If a concern is voiced regarding the description of goods or services, Form TM-16 is used to propose a correction to the trademark application.
Similar Trademark Exists
If already registered trademarks are identical to the applied trademark then there are high chances that the current trademark owner may face objection. The trademark application cannot be registered since there are already registered trademarks for comparable or identical goods or services as per the Trade Marks Act of 1999. Identical trademarks among the trademarks may result in confusion among the general population. By claiming that the trademarks listed as competing marks are different from their own, the applicant can take corrective action.
Why Spinach Laws
Spinach Laws has the best attorneys to complete the whole process without any delay. We can tackle the trademark objection process in India in just a few clicks. Our In-house trademark experts can finish all the formalities without any hassles. Reach out to us through our websites and get your process kickstarted.
Legal Metrology – Overview
Weights and measurement standards are established and upheld under the Legal Metrology Registration Act. Because it mandates registration and additional compliance for packers, dealers, and particularly eCommerce businesses dealing with packaged goods, the main legislation governing packaged goods, along with rules pertaining to various topics like national standards, model approvals, and numeration, has a broad impact.
To uphold moral corporate practices and protect customers’ rights, the Act establishes regulations for product packaging. It also establishes the maximum sizes and weights for packaged goods. The Act also specifies the disclosure, conditions, and methods. The administration of the Act is carried out by the department of legal metrology, a division of the department of consumer affairs, in each state.
Mandatory Information
- Manufacturer, Importer, and Packer Information
- The name and address of the producing, packaging, or importing organisation must be listed on packaged goods
- If the production and packaging companies’ names and addresses are different, they must be declared separately. This rule does not apply to food products because they are protected by the Food Safety and Security Act
- The product being offered is under a generic name
- List the highest possible retail price (including all taxes)
- The packaging must include the date of manufacturing, packaging, or import as well as the month and year
- On the product, the date of expiry should be listed along with the month and year
- Additionally, the window of time during which the product is most effective can be indicated
- Commodity quantity, ingredient(s), customer service or helpline for consumer complaints must be provided without fail.
Prohibitions Under The Legal Metrology Registration Act
- A person must possess a current LMPC Certificate granted by the Authority in order to manufacture, repair, sell, or offer to sell any weights or measures.
- With the exception that a manufacturer won’t need a legal metrology registration license in order to fix his own weights or measures in a state other than the one where they were made.
- In India, the Ministry of Consumer Affairs, Food & Public Distribution’s Department of Consumer Affairs develops and implements legal metrology department standards. While being brought under central jurisdiction, the Legal Metrology Registration Act, 2009, has been established as a model Act. The Act may be put into effect by any State in India, with or without modifications. In addition, a few states have passed their own legislation to address the problems and concerns related to legal metrology.
Benefits of LMPC Certificate Under the Legal Metrology Registration Act
Cost of Transactions Is Reduced
Poor measurement procedures are frequently time- and money-consuming to use. Both consumers and businesses are negatively impacted by this. Poor measurement techniques may come at a very high cost in the form of lengthy court disputes and legal fights.
Support Trade
Control over any illegal and unfair trade policies is the responsibility of the Supporting Trade Legal Metrology Registration Act. This Act seeks to ensure that measuring devices are complete and in excellent operating order so they can fulfil their intended function and adhere to global standards.
Collection of Government Revenue
Excise taxes on goods manufactured, sold, imported, and exported as well as measurement taxes are two ways the government raises money. The TS Legal Metrology Act makes sure that businesses and the government are treated fairly when it comes to tax collection.
Lowers Trade-Related Technical Barriers
The TS Legal Metrology Act lessens the weight of technical obstacles while fostering measuring confidence and clarity. Reduced obstacles boost national morale and encourage participation in the global trading system, which boosts economic growth at home.
Legal Provisions Of Legal Metrology Registration
Section 19 of the Act
If a person is not registered with the Concerned Authority and does not possess a current LMPC Certification, they are not authorised to import any weights or measurements.
Section 38
Any person who engages in the activity of importing any weight or measure without first registering under the Act would be subject to a fine that can reach ₹ 25000 for a second or subsequent offence, as well as a term of imprisonment that can last up to six months.
Important Guidelines for LMPC Certification
- A ₹100 application fee must be submitted with the underlying registration application to ‘Pay and Accounts Official’ D/o Consumer Affairs, New Delhi
- The list of items for weight OR measure is defined by the general rules under the LMPC Act, and registration is only required for such goods
- Within seven days after receiving the application, the Controller of Legal Metrology department must return any incomplete applications
- Within ten days of receiving the application, if it is complete in all material respects, the Controller shall issue the applicant with the LMPC certificate.
Documents Needed for Compliance & Advisor – Legal Metrology Online Services
In order to Register the following documents are mandatory
- Copy of the main display panel’s picture or website wireframes for the eCommerce, size, main display panel’s letter, and packaging material
- Proof of the starting date (INC-20A, Trade Licence)
- A trade licence or other comparable approval by the local body that has jurisdiction over your establishment
- Proof of the production or packaging facility’s residential address
- Certified copy of your sales tax or GST registration
- Company’s memorandum of Association
- Deed of Partnership for Partnership Firms
- Passport-sized photos of all the owners, partners, and directors
- A duplicate of the main display panel’s image
- Name and full address of the applying business
- Name and location of the packaging and production plant, including GST
- The package’s weight in grammes
- Whether you want to (Yes/No) export the product.
Legal Metrology – Procedure
- Step 1: Application to LM : We gather all the data and create the application
- Step 2: The Zonal officer will review the application for any problems or objections and provide insights
- Step 3: Inspection of Premises – If the application is properly filed, the inspector will arrive at the predetermined time
- Step 4: Recommendation – Inspector offers the suggestion in accordance with the premises’ compliance
- Step 5: Acceptance or rejection – The zonal officer submits the thorough report to the assistant controller
- Step 6: Compliance with LM Act and Rules – Products and facilities’ packaging, weights, and measurements must adhere to the aforementioned Act and Rules.
- Step 7: Replying to any regulatory action – Imply the regulatory changes being announced or hinted at.
To learn more about the procedure, you can also sign up for a legal consultation with one of our knowledgeable consultants.
You can trace the application using the process given below:
- Visit the state government’s legal metrology portal
- Select the tracking link that is located above the page
- The applicant will be directed to the tracking page, where they must provide details such department information
- The acknowledgment number must then be given as the following step
- The applicant’s final step is to complete the right captcha that is provided on the page and click the submit button after supplying all of the previously mentioned information
- The applicant will receive a tracking report for the licence renewal once all of the aforementioned stages have been completed.
Why Does a Business Need Legal Metrology Act Registration?
The Legal Metrology Act sets specific laws and regulations pertaining to the marketing and distribution of packaged goods. Additionally, this Act lays forth the procedures to adhere to while importing and exporting pre-packaged commodities. Establishing a system to protect consumer and buyer rights is necessary for the effective and smooth operation of your business, and in order to do so, you must abide by the Act that outlines the legal metrology and measurement system.
There is a potential that you could be subject to severe fines and punishment if you don’t adhere to the standards outlined in the legal metrology and measurement system. Your company’s growth could be hampered and your brand’s reputation could suffer.
Who Needs to Register?
- Case 1: Registration for importing, producing, and packaging packaged goods Every importer, producer, and packer of packaged goods is required to register in accordance with Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011. The registration can be made with the State’s Controller of Legal Metrology or the Director of Legal Metrology of the Central Government, depending on where the pressing or importation is finished. No matter where the registration is done, the following terms are applicable nationwide.
- Case 2: Registering imported weights and dimensions
- According to the Section 19, No one is permitted to import any weights or measurements unless they have registered with the Director in the authorised manner and paid the necessary fees.
- According to Section 38, a person who imports any weight or measure without first registering with the Act is subject to a fine of up to ₹25000 and a maximum six-month prison sentence for the offence.
Why should you choose Spinach Laws ?
We work with recognised specialists to meet all of your legal requirements and we connect you with them in just a click. Furthermore, you may always monitor the development on our web platform. We guarantee a hassle-free interaction with the government by taking care of all the paperwork. We provide transparency regarding the incorporation process to assist people in having reasonable expectations.
Logo Design Ideas – Overview
A logo is nothing but a visual design that represents one’s brand and business. It generally features prominently on any given business’ stationery (envelopes, letterhead, etc.), branding and advertising materials, business cards and so on. A logo could simply be pictorial, typographic, or even a combination of both.
Why does your business need a distinct logo and branding?
- A unique and distinctive logo immediately grabs the attention of your customers and sets you apart from your competitors.
- By associating a business logo Design Idea with your product or service, you’re taking your first steps in brand-building and brand recognition.
- The colours, tones and fonts used in your logo design will later translate onto all of your branding materials – your website, letterheads, business cards, etc. – creating a concrete, holistic and marketable brand identity. Your company logo design is the basis for your brand identity.
- A recognizable business logo goes a long way toward building brand loyalty – as your brand grows, your logo is going to become familiar to a large number of consumers. This familiarity creates the impression that you’re trustworthy and reliable.
Our Services
We understand the importance of building distinctive brands through unique Logo Design Online that create an impression. Before working on your company logo design, we will understand your business as well as your vision for the logo and brand. Each logo design we deliver is designed to meet your unique requirements.
Our designers are not merely design experts, they are experts in brand building. They will assist you with arriving at a company logo design that both encapsulate your brand’s culture and values, as well as register with your customers instantly. Apart from creating your logo, we can also assist you with other branding needs such as designing and printing a stationery kit for your office [letterheads and visiting cards], designing a social media kit, etc.
Unlike any other Company logo design we can also help you protect your name and logo by applying for your trademark once your logo is completed, to ensure nobody else can use them.
You can choose from our range of flexible packages below:
Logo Design Online – Basic – INR 2,500
In 2-4 business days, you will receive:
- 2 hi-res logos in JPG & transparent PNG + 2 iterations
- Source File
- Vector File
Logo Design with Stationery Kit – INR 7,500
In 3-5 business days, you will receive:
- 2 hi-res logos in JPG & transparent PNG + upto 10 iterations
- Source File
- Printable Resolution File
- Stationery Designs (for Letterhead, Business Card and Envelope)
- Vector File
Complete Brand Logo Design Package – INR 10,000
In 3-5 business days, you will receive:
- 2 hi-res logos in JPG & transparent PNG + upto 10 iterations
- Source File
- Printable Resolution File
- Stationery Designs (for Letterhead, Business Card and Envelope)
- Social Media Kit
- Vector File
You can add on our trademark registration services to any of the packages above at special discounted rates, so your company logo design and brand are protected from day one!
What is a Trademark Monitoring Service?
Registering a trademark is the first step towards protecting your brand name. A trademark is a symbol and can be anything from a name, picture, and word to even a label or a sound. Once registered, it can be a precious asset for a business, as with a trademark, the business can project its unique positioning to the consumers.
To ensure you have full control over it, you must keep a close watch on all the probable attempts by other businesses and individuals to register similar trademarks, even if they are related to other domains. While the Registrar does have its own set of rules for approving trademarks, more is needed to ensure that no similar or identical brand names are registered. This is where an international trademark watch company comes in; it will keep you informed of any similar brand names across the web or new applications at the trademark office, both in India and globally.
Types of Trademark Watch
There are three types of trademark watches. They are.
- Identical trademark watch
- Similar trademark watch
- Trademark watch with opinion
What Are the Reasons for Choosing Our Trademark Watch Service? (Checklist)
We value trademarks as unique creations for promoting your brand. Hence, we design a customised digital trademark monitoring parameter to suit your unique needs while also considering your trademark watch service cost. Here is a checklist to understand why this is the best trademark watch service for you-
- Our watch identifies similarities in word meanings. It is not restricted to mere similar/identical word matches
- We leverage technology to identify visual and phonetic resemblances as well
- We provide timely reports so that you can act fast to protect your intellectual property
- We also have a user-friendly portal where you can store and review your watch reports
- We offer cost-effective analysis
- We offer volume discounts and affordable rates
Process of Digital Trademark Monitoring
Step 1
You discuss your business and brand with our lawyers. The lawyers recommend the variations on your brand name that need to be tracked.
Step 2
We have access to the database of all trademark filings across industries. We keep a watch on all new filings. With the help of it, we capture the mention of similar or identical brands.
Step 3
We, as a trademark watch service provider, provide you with real-time information on any attempts by other businesses and individuals to register similar trademarks, even those in other domains. This can be done in India and globally.
Why Spinach Laws ?
Vakilsearch is India’s largest professional platform of lawyers, chartered accountants, and company secretaries-with years of experience behind.
Legal Assistance
We execute legal work for over 1000 companies and LLPs every month, by leveraging our tech capabilities, and the expertise of our team of legal professionals. Come on board and experience the ease and convenience!
Realistic Expectations
By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the process to set realistic expectations.
3 Working Days
Just tell us a few details about your brand and we’ll process your application. You’ll be ready to use the symbol alongside your brand name in three working days.
9.1 Customer Score
We make your interaction with the government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
300-Strong team
With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.
Access To Experts
We provide access to reliable professionals and coordinate with them to fulfil all your legal requirements. You can also track the progress on our online platform, at all times.
What is Trademark Renewal?
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date. Even if you overlooked it—which even big organisations frequently do—you will receive a reminder at your registered address prior to the expiration date. The registrar may publish a notice in the Trade Marks Journal announcing its intention to withdraw the trademark if you still do not submit a renewal application. However, this is most likely to occur within a year after the expiration date. Trademark registrations can be renewed between six and twelve months after they expire by paying a fee through a procedure known as ‘restoration’. Vakilsearch provides the best Trademark renewal service.
Advantages of Trademark Renewal
Legal Protection
You can easily establish your rights in court if you think someone has violated your registered trademark. In industries where trademark infringement is rife, trademark registration is crucial.
Business Possibility
Should your brand be successful, a trademark is an intangible asset that has the potential to be quite valuable. Think about brands like Tide, Nike, or McDonald’s. Businesses can make huge amounts of royalties through licensing agreements or even the sale of ownership to interested parties.
Distinct Identity
You would like clients to associate your brand with the goods or services you offer. Registering your trademark will provide you with the required uniqueness. The registration of any similar phrases or catchphrases would then be forbidden by law.
Renewal of a Trademark
Duration of a trademark renewal
- According to rules 57 and 58 in the 2017 Trade Mark Rules, the renewal may be filed within a year before the date of expiration
- The extension may be submitted no later than six months following the expiration date, in accordance with rules 63 and 64 of the Registered Trademark Rules of 2002.
- Additionally, a renewal request may be submitted up to six months following the expiration date.
- If a trademark is not renewed within six months of its expiration date, it will be deleted from the Register of Trademarks.
Forms
To renew a trademark, the following documents must be sent along with the necessary payment.
| Form type | Purpose of the Form | Cost(physical filing) | Cost(e- filing) |
|---|---|---|---|
| TM-R | Form to be completed by the trademark owner when requesting to renew their registration | ₹10,000 | ₹9000 |
| application for trademark registration renewal with a surcharge | ₹5000 + Renewal fee | ₹4500 + Renewal fee | |
| TM-18 | Supporting affidavit for the case statement | – | – |
Checklist For Renewal Of A Trademark
- The owner’s prior ownership of a registered trademark that is subject to renewal.
- To determine eligibility, the intent for commercial usage should be examined
- Make sure there are no trademarks that are similar by performing a complete research of the renowned and licenced trademark database
- A legal opinion should be sought if there is a trademark conflict in order to find a workable solution
- Obtain and prepare a renewal application, and then adhere to the necessary conditions.
Trademark Renewal Online
Alterations and adjustments to the authorised trademark’s symbol or emblem can be done following the process given below.
- A TM-R application for renewal is submitted
- The applicant may be either the trademark’s registered owner or a representative chosen by him
- A trademark can be renewed for an additional 10 years by submitting a renewal application
- After filing, it is essential to regularly check the status of your application until the registrar processes it so that the trademark can be renewed
- The Trademark Journal, an official publication of the Trademark register, regulates the acceptance or denial of applications. The Trademark Journal publishes an advertisement if it is approved. Therefore, three to six months before the trademark’s expiration, the renewal process should get started
- The application is submitted using Form-18 along with the required payments. The application is assessed for quality before being formally approved for renewal.
How Vakilsearch Helps With The Process Of Trademark Renewal
As soon as you submit your information, a representative will get in touch with you to discuss the process and costs with you and find out more about your needs. There may be charges based on if you really need the trademark reinstated or renewed.
Government fees for renewal are ₹ 5000, while payments for restoration are ₹8000.
Renewal Request Form
Our attorneys will get to work and begin assembling the necessary paperwork. Along with renewal fees, a Form-10 or Form-12 must be submitted to the registrar.
Confirmation
We will keep you informed of the progress of your application, and you will get to know whether your trademark has been renewed for a further 10 years within four to five months.
Renewal Of A Trademark Is Necessary
Renewal of a trademark has various benefits. The holder of the trademark receives a number of legal rights after trademark registration. It guards against trademark infringement and offers compensation in the event that it does happen.
Additionally, it gives the trademark holder the freedom to assign the trademark at any time to another individual or business. Because trademark licensing is only possible if the mark’s owner has registered it, a registered trademark has immense financial value.
Steps Involved in Renewal of Trademark in India
A trademark must be renewed after only ten years if it is registered. The registrar of trademarks may send a letter notifying you of the trademark’s imminent expiration six months before it does. Two possibilities are available when renewing a trademark:
Continue using the trademark as is or make some Modification to the trademark renewal.
- To file a trademark renewal application, utilise the TM-R form.
- The application may be submitted by an authorised representative or agent rather than the trademark’s registered owner.
- After submitting the application, one must monitor its status in case any resistance is brought against the registration of the trademark. This type of opposition may be filed by any member of the public.
- After the application is approved, the trademark will be published in the recognised journal, the Trademark Journal.
- A further ten years of protection are provided to the owner if the trademark has been published
- It is possible to renew a trademark indefinitely
- Whether a trademark renewal was done in person or online determines the cost of the renewal
- The trademark renewal fees in person is ₹10,000
- It costs ₹9,000 to file electronically if done so online.
Documents Required for Trademark Registration Renewal Online India
- A duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant’s identity and address
- The applicant may be given power of attorney if they are an authorised representative or agency.
- Bringing a Trademark Back
Sometimes people neglect to renew their trademarks within the allotted time frame. No need to worry; there is still a choice in such circumstances.One could then try to get it restored if the trademark is not renewed. The Trademark Act of 1999 permits restoration of a trademark under Section 25(4), which enables anyone to submit applications.
Forms Required for Renewal of Trademark in India
Forms
For the renewal of a trademark, the following forms must be submitted with the appropriate fee.
- Notice that the Department of the Registrar of Trademarks is required to send
- The Department of the Registrar of Trademarks will notify the trademark owner six months prior to the renewal deadline. The trademark will be deleted from the Register of Trademarks if it is not renewed within the permitted time frame
- The Trademark may, however, be reinstated by submitting an application and the necessary price
- Incase of trademark restoration, a trademark may be reinstated after six months but no later than one year from the date of the mark’s last registration’s expiration.
| Form Name. | Purpose of the form | Cost(physical filing) | Cost(e- filing) |
|---|---|---|---|
| TM-R | Request for a surcharge-based renewal/restoration and renewing of a trademark | ₹10,000 + Renewal fee | ₹9000 + Renewal fee |
| TM-18 | Supporting affidavit for the case statement | – | – |
The trademark registration’s owner or an authorised user of the trademark are eligible to submit a request for renewals or restoration
What is the Trademark Assignment?
Trademark assignment is an intellectual property and like any other asset, the proprietor of a trademark has the power to sell, license or transfer the owned intellectual property. Such a transfer can be made through Trademark Assignment or through licensing.
When a trademark is assigned, there are some variations in the ownership of the registered brand. But when it’s licensed, the benefits in the trademark continue to vest with the buyer but only a few qualified rights are given to the third party. This assignment of trademark in india can be done with or without assigning the business goodwill. In case of a registered trademark, such an assignment is required to be recorded in the Register of a trademark.
Benefits of Assignment on Trademark
Unlock Value
Through an trademark assignment deed, the brand owner can unlock the value of the brand owner and can unlock the value of the brand, which, until this point, only has value on paper. The assignee, on the other hand, could be significantly better off beginning a market with a previously well-known brand, rather than developing a new one entirely.
Valid proof
In case of a dispute associated with the trademark assignment, legal rights would quickly be established through the action. The Registrar assures that all the checks are in place by testing the validity of all the clauses in the trademark assignment deed and declaring the assignment in the Trade Marks Journal.
Requirements for Trademark Assignment
Assets to be assigned
- Pending trademark applications.
- Issued trademark registrations.
- Goodwill.
- Associated marks, applications or registrations.
- International registrations.
- Common law trademarks.
- Names of living or deceased individuals.
- Domain names, email accounts, social media or website accounts, etc.
Execution requirements
- Signatories.
- Witness.
- Notarization.
- Legalization.
- Execution date and place.
- Power of attorney.
What is the Process of a Assignment of Trademark in India?
Assignee, the person who becomes qualified by the assignment of a certified trademark should apply for the assignment on trademark in the designated manner.
- An application of a trademark assignment shall be made in Form ™-P by the assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor.
- Apply with the registrar of a trademark assignment within six months from the date of procurement of the proprietorship. The application can be filed later, but the requisite fee may vary accordingly.
- In case of trademark assignment without goodwill or assignment of a certified trademark, the regulation from the registrar of trademarks is needed before the expiry of six months from the date on which assignment is delivered or within the extended long period which is provided by the registrar.
- Advertise the assignment on trademark such a manner and within such a period as the registrar may direct.
- A copy of the direction of the registrar and advertisement of the trademark assignment must be submitted to the office to make sure that the directions have been followed accordingly or not.
- On the receipt of the assignment of trademark application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark and the specifications of the assignment to be recorded in the register.
How to Assign a Trademark?
Assignment of trademark is the transferring of proprietary rights within the property of the businessman. The way within which assignment is often created square measures as follows:
Complete assignment of logos
In a complete trademark assignment, the owner of the trademark transfers all the rights with the relation to the trademark, together with the transfer of the rights like the right to any authorities, earn royalties, etc., to a distinct entity.
For instance, let’s take” A” as the owner of “XYZ”, sells his whole association through an agreement to B. After this, A doesn’t maintain or get any rights with relation to “XYZ”.
Partial assignment of logos
In a partial assignment, the transfer of possession is restricted to specific or service solely. The owner could maintain and support the right to any transfer, to earn royalties etc.
Moreover, for instance, the owner of a tea and a biscuit whole transfer proprietary rights solely with relation to the tea whole retains the rights over the biscuit whole, this process is known as the partial assignment.
Documents required for trademark assignment in India
- Certificate of Trademark Registration (if any).
- The assignor and assignee’s name and description.
- No Objection Certificate (NOC) from the original owner of the registered trademark.
Documents required for Trademark Registration:
Trademark registration is an inherent mechanism in which a brand can be secured from undesired use and infringement. The Indian government has clarified the trademark registration method. The entrepreneurs can now quickly obtain trademark registration for their brands within a few months. Here, for the application process, there is no need for submitting original documents. A Scanned copy of the original document is enough for the application process.
Individuals and Sole Proprietorship
Any individual can easily register a trademark assignment in india. There is no provision for forming a legal entity or business entity to register a assignment of trademark. Additionally, the documents required to register a assignment in trademark in the name of a proprietorship are the same as that of an individual as follows:
- Copy of the logo, preferably in black & white in enough. In case the logo is not provided, the trademark application can be registered for the word.
- The signed Form-48. It is an authorization and support from the applicant to a Trademark Attorney for registering and filing the trademark application on his/her behalf.
- Identity proof of the individual or proprietor.
- Address proof of the individual or proprietor.
Assignment in Trademark With Goodwill
This plan encourages and supports the exchange of both proprietorship rights and the picture esteem combined with a assignment of trademark in an appropriate field of business. After such a task sequence of action, the preferred one is empowered to utilize the market reputation of the assignment of trademark for understanding and developing some other results of worry in the future, notwithstanding the item sold by the assignor.
Assignment in Trademark Without Goodwill
Under this design, the assignor or seller of possession or property rights defines the appointee or customer from utilizing the said trademark in the matter of the assignor’s items. This indicates a comparable trademark is utilized by both the assignor and the trust after such a course of action, for working collectively in different fields. This kind of trademark task is called the gross trademark task.
Documents Required
Initially, you only have to provide us with the following details:
- Name of the applicant
- Address of the applicant
- Details of the mark
- Specimen or drawing of the intended mark (video clip or audio files if it is sound mark)
- Business type and objectives.
US Trademark Registration Process
The US trademark registration process can be a little complicated and time consuming. Here is an overview of the process.
Step 1: Trademark Search
Prior to filing a US trademark application, you must check whether the intended mark is available to register. This can be done through online trademark search in the USPTO database. If no similar results show up when you search for your mark, then good news, your mark is available to register.
If you get search results, then you need to understand what it means. Our experts will take care of the trademark search and provide you with a search report as a part of the service.
Step 2: Identification of Class
The USPTO has classified all the goods and services under 45 classes, under which the trademarks have to be registered. These classes are also called NICE classification (NCL). For example, all musical instruments fall under Class 15; Class 14 contains all precious metals and their alloys, precious stones, etc.
The class has to be identified based on the products and/or services. Selecting classes is crucial as it will decide the scope of trademark protection for business. For example, if you register a trademark under Class 7, your mark is protected only in that class and other people can register it in other classes.
Our experts will guide you in choosing the right classes for your business.
Step 3: Preparing a US Trademark Application
The trademark application must be filled with utmost care. It requires details like applicant’s basic information, details of the mark, explanation of relevance of mark, specimen of use, filing basis, etc.
If the trademark is already in use, then proof of usage needs to be submitted with the application.
Upon the filing of a trademark application, all trademark applications must adhere to a certain trademark timeline.
This process normally takes 3 to 4 months if all documentation and other conditions are in place.
Step 4: Filing of Application
Once the application is prepared with all the essential details, it is filed with the USPTO by our US attorney. A link will be sent to you for signature and fee payment for the same. Once the filing is completed, an official filing receipt along with the serial number will be issued. The real-time status of the filed trademark can be tracked at http://tsdr.uspto.gov/ using the serial number.
If all goes according to plan, your trademark could be registered in less than 12 months. This can vary by a few months depending on key parts of your application, and we can file any objections within 15 days if required.
Step 5: Trademark Examination
Within the next three months your application will be assigned to the Trademark Examiner or Trademark Attorney, who will investigate the application for substantive grounds of objection (similarity with other marks, etc.).
Step 6: Trademark Office Action
If any informality and/or substantive ground of objection is found during the examination, an Office Action notice will be issued. You have a 6 months time period to file a reply to the Office Action and deal with the respective informality and/or respond to why the substantive ground of objection must be waived.
Step 7: Publication of Trademark
In the event of no informality and/or objection, or once a response to the Office Action has been filed and the same is duly accepted by the Examiner, your trademark application shall be approved for publication in the respective Trademark Official Gazette. A prior Notice of Publication shall be issued by the USPTO stating the date of the publication of the trademark application.
Step 8: Trademark Opposition Period
Within 30 days from the date of publication of the trademark application in the Trademark Official Gazette, any third party and other trademark owners may oppose your proposed mark on the grounds that it is similar to their brand and/or may cause commercial or economic harm to them. In such a case, they can also file for an extension of time for a period of a maximum of 180 days for filing an opposition against the trademark, subject to the approval from the USPTO.
If an opposition is filed, the opposition proceedings shall be initiated.
If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on an ‘Intent to Use’ basis (Sec. 1b). For a trademark application filed on ‘Intent to Use’ basis, the USPTO shall issue a Notice of Allowance.
US Trademark Validity
The trademark, once registered, shall be valid for a period of 10 years from the date of application. You can file for renewal before the end of the 10 years to continue getting trademark protection.
Why Spinach Laws ?
Here is why you should choose Spinach Laws for US trademark registration:
- We conduct a thorough search of the USPTO directory
- Our experts guide you with the classes you need to apply under
- We fill and file the application
- We constantly provide you with updates until the registration process is complete
- You get the best support throughout the process and all your queries will be answered.
Benefits of Registering a US Trademark
USA trademark registration offers the following benefits to the business:
- Protects your brand identity and value
- Makes it easier to secure trademark in other countries
- Builds an asset
- Prevents counterfeiting and fraud
- Defines your rights
- A single registration in one language that is valid in all US States
- Your brand is protected in a market of around 331 million consumers.
An Overview – International Trademark Registration
Trademark registration is restricted to specific territories. That is, you must file a separate trademark application for each country where you want to mark your presence. It is important that you act quickly. Any national trademark registration expires at the end of the country’s boundary and does not allow its owner to pursue Trademark Registration rights beyond that boundary.
The Madrid Protocol was established in 1996 with the goal of registering a mark in multiple countries. The Madrid agreement describes the international trademark registration system. All you have to do is submit an international trademark application for International Trademark Registration to the applicant’s trademark office.
The trademark applicant must file an international trademark application under the Madrid Protocol with the trademark office, also known as the workplace of origin. If an Indian business occurs, the Office of the Registrar of Trademarks in India is the place of origin. The international trademark application will be processed and registered with the Intellectual Property Organization in Geneva by the office of origin.
If your international trademark application is found to be perfect according to the standards, your mark, logo, or word can be recorded in the international trademark register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau issues a certificate of international registration and notifies countries that have signed the Madrid Protocol that the trademark has been registered. The Madrid Protocol imposes a strict time limit of 12 and a half years for issues raised by designated offices.
Benefits of Global Trademark Registration
Legal Defense
Any infringement of a specific trademark by a third party is legally protected by global trademark registration. It is easy to prove the legal right in the court if the trademark is registered. Therefore, it is crucial to confirm that the trademark search, which is the word, slogan, or logo, is registered before pursuing legal action to combat an infringement.
Business Opportunity
A trademark functions as an intangible asset and is essential to the development of your brand. A successful trademark gives your company the chance to prosper financially and gain notoriety. Through licensing agreements, companies like Nike and McDonald’s have earned royalties.
Unique Identity
Through international trademark registration, your product gains recognition on a global scale. The first step in achieving this is registration.
Advantageous for Online Operators
International trademark registration is essential to the development of the e-commerce industry. It somehow makes it possible for your product to be sold to consumers abroad if you are engaged in online product sales.
Once your brand has gained recognition on the global stage, it is possible for it to become well-known among the general public. It is advisable to obtain the international trademark registration as soon as you can to prevent any sort of consumer confusion.
Alterations and Renewal
When you register an international trademark, it is valid for 10 years following the registration date. However, accessing the facility for changes and renewals is simple. You only need to submit the same application form that you gave to WIPO for renewal purposes.
Safeguards Your Brand Export and Import
Your brand is protected from imitations by international trademark registration. You have the right to file a lawsuit in the event that any import or export-related violations were made.
Process of International Trademark Registration
Step 1: Applying Through National Trademark Office
Before submitting an international trademark application, verify that you are registered; if not, submit an application to the nation’s Trademark and IP office. Basic Trademark Application is the name of the initial application filing. Once the Basic Trademark Application process is complete, you can visit the same office to apply for an International Trademark Registration search, which will then be forwarded to WIPO.
Step 2: WIPO examination
Your international trademark application is reviewed by the World Intellectual Property Organization (WIPO). Once accepted, your international mark is published in the WIPO Gazette of International Marks and added to the International Register. At that point, WIPO will notify the IP Offices in every domain where you have applied to have your mark secured and send you an authentication of your international registration.
Be aware that at this point in the process, there can be no assurance of a worldwide registration. After careful consideration and selection by the IP/Trademark Offices in those domains, it has just been decided.
Step 3: Examination By National Offices
When the appropriate period of time (12 or 18 months) has passed since their enactment, the IP Offices of the relevant regions will decide where you need to protect your mark. The International Register will be updated with the Trademark Offices’ selections, and WIPO will let you know.
If an IP Office decides not to fully or partially secure your mark, this decision has no bearing on the decisions made by other Offices. According to its laws, you can directly contest a refusal decision before the concerned Trademark Office. If an Office accepts responsibility for guaranteeing your mark, it will issue an announcement of assurance award.
This International Trademark is valid for 10-years. After 10 years, you can renew it, if you want to.
Documents Required for International Trademark Registration
The Indian Trademark Office requires an international trademark application under Madrid Protocol to be accompanied by the following:
- An application form
- Power of attorney
- Payment of handling fee
- Payment of international designation fee payable to WIPO.
International Trademark Registration Cost
Each country’s processing time varies, but none exceeds a year and a half. If the trademark is not dismissed within this time frame, it is considered registered in the relevant country. The three components that make up the international trademark registration fees for processing an application under the Madrid System are as follows:
Application Fee
This is basic for registering the mark.
Complementary Fees
The application is prepared for each contracting party, i.e. country, where the applicant wishes to protect his mark. In a minimal number of instances, complementary fees are the only individual fees.
Supplementary Fees
There might also be some handling fees levied by the office of origin in order to verify and send the application to WIPO. In India, the handling fee is set at ₹2000.
Why Spinach Laws ? – International Trademark Registration in India
Here is why you should choose Spinach Laws for international trademark registration:
- A comprehensive search of the TM database is performed
- We draft the authorisation letter so we can register your trademark for you
- Our experts help you choose the classes you should apply for, and we fill out and submit applications to the Registrar
- We update you frequently until the registration process is completed
- Throughout the process, you receive the best support, and all of your questions are addressed.
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