TRADEMARK FEES IN INDIA – DETAILS

 Very often, we see a logo and instantly recognize the brand or the company. The logo, in this case, is the trademark of the brand. Logos are all trademarks, but all trademarks are not logos. Trademarks can combine words, numbers, characters, images, etc., that help customers and other stakeholders or the market differentiate between two competing brands.

Protecting the trademark so that it does not get copied or infringed upon is the responsibility of the brand owners. All the effort to build a brand or a company can go to sheer waste if the trademark is not protected or registered.


Process of Trademark filing in India

The Trademarks Act (Amendment) regulates trademark filing and registration in India. The Act came into effect to ensure that there are no fraudulent activities related to trademark infringement.

The trademark filing process in India starts with filling in the application form. The need to hire a trademark expert is not mandatory by law – however, it is in the best interest of the brand and the company that they take the assistance of experts with a proven track record. The filing process requires lengthy documentation where each document has a critical role to perform and should be submitted without fail. In case the documents along with the application form are not complete, there is every chance that the application may get rejected by the authorities.

Documents Required for Trademark Filing

  1. The incorporation certificate of the company.
  2. Form 48 – gives a trademark lawyer to apply on behalf of the applicant. The applicant should sign it.
  3. Udyog Aadhar card is a must. The trademark fee in India for LLPs, partnerships, and other companies without the Udyog Aadhar card is INR 9,500. However, companies that have the Udyog Aadhar card get a 50% rebate on the trademark fees.
  4. Trademark class – there are forty-five classes of trademarks in India as per the International Certification of Goods and Services. Before applying, your attorney will undertake a detailed trademark search to understand any overlaps or discrepancies. The search results help in understanding if there are similar trademarks already registered or filed for registration or not. It is a necessary step in the process and should be done before trademark filing in India as it ensures that the application does not get rejected or opposed. The choice of the right trademark class is vital for the application to get processed on time.
  5. TM-A or the application form that has been prescribed for applicants for filing for trademark registration.

The Process Ahead

  • Once the application has been filed, and it is found to be acceptable, the trademark fee needs to be deposited.
  • As soon as the application is accepted, the government issues a trademark application number. It takes about two to four working days to get the number. As soon as the brand receives this number, it can start using the TM symbol.
  • It takes about a year for the application to get processed. In case of any issue or objection, the Trademark examiner will ask for answers.
  • When there are no more objections, the trademark gets registered, and the brand can now start to use the R symbol.
Location: N - 94, Second Floor, Panchshila Park, Block N, Panchsheel Park, New Delhi, Delhi 110017, India

Comments

Post a Comment

Popular posts from this blog

Know Everything About Water Heaters That Have Magnesium anode - Perth

Image
  You must know that every water heater has anode rods installed within them. These anode rods are made out of steel temporarily and are covered with castings of several metals. These anode rods are made so that they can only last for three (maximum five) years, depending on the water quality that it is withstanding regularly. Water heaters have various kinds of metals on rod anode; Perth is the home to the largest manufacturers of magnesium anode rods for water heaters. In this article, you will get to know everything related to the magnesium anode rods in your water heater. Use Of Magnesium Anode Rods In Water Heater When you go out to the market to purchase a water heater, you will often find that the seller is telling you about the anode rods that have been installed within the particular appliance. So you will often get to hear the term 'magnesium anode.' However, it would be best to remember that anode rods are made out of two other materials besides magnesium - zin
Read more
Image
2 Factors You Should Consider When Buying Sunglasses When you are buying a branded pair of sunglasses that is a big investment because it cost you thousands of dollars at times. There are so many brands to choose from and while you might have a specific brand in mind, you want you may want to get a pricier brand. So while you are thinking about buying some Versace sunglasses, you might like  Dolce and Gabbana sunglasses for women . So, it is important that you are buying the right kind of sunglasses. To help you understand whether or not the sunglasses you like should be bought, here are two factors you need to consider when buying the sunglasses: 1.   Have efficiency in blocking UV rays People these days buy sunglasses just to make a fashion statement, however, you also need sunglasses to protect your eyes against the sun rays. Not only can the sun cause blindness but the UV rays might affect your lenses which can cause many problems. So even if you are buying a sunglass because it is
Read more

Features of Intellectual Property Law in India

Image
  Intellectual property laws are the laws framed to shield the rights of artists, creators, and owners of any kind of intellectual property. It can include anything from designs, artistic works to inventions. Besides, intellectual property law can be divided into copyright, trademark, and patent laws. These laws were framed to inspire the advent of various goods, ideas, and services. Similar to the law that shields real estate and personal property ownership, Intellectual property law aims to protect intangible assets.    The law aims to offer creators an incentive to develop creative works that are beneficial for society. Besides, the creators can rest assured as they can earn profit through their creation without any risk of misinterpretation by others. Patents equip inventors with a right to utilize the products freely within the marketplace or earn profits by endorsing their right to a third party.    Usually, the validity of patent rights is up to twenty years- however, th
Read more