Trademark Filing in Cochin

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Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol. " If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence Trademark registration India.

Requirements for filing a trademark application

1. The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.

2. If the applicant is a company, the country or state of incorporation.

3. A list of goods and/or services for which registration is required.

4. Soft copy of the trademark to be registered.

5. If the mark contains or consists of non-English words, a translation of those words into English is required.

6. If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.

7. Date of first use of the trademark in India, if at all used

8. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.

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.

What can be registered as a trademark?

Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives an unique image of the company, brand or individual that separates the product or services of one trader from the other. Anything that gives a distinct identity to the product and services which thereafter distinguishes one trader from the other.

What if the trademark is taken?

No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

Who can apply for trademark registration?

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

Are Trademarks, Copyrights, and Patents the same things?

No, Trademark, copyrights, and patents are not the same things. However, Trademark, Copyright, and Patents are often confused to be the same. Although each one is used to safeguard intellectual property rights, they are fundamentally different from each other and used for different purposes.

Copyright - Protects an original artistic or literary work
Patent - Protects an invention
Trademark - Protects brand names and logos used on goods and services.

Do I have to hire an attorney when filing to register my trademark?

A trademark application can be filed by your own. Attorney's are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.

Can any correction be made in the application or register?

Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are pefmissible according to rules detailed in the subordinate legislation.

When can I use ™ with my Trademark?

The TM mark can be used along with the trademark once the trademark application is filed with the Government.



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Trademark Filing