Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.
Trademark Registration
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Introduction
Building a remarkable brand? Let’s protect it with TM
Hello there! We understand the hard work and dedication you’ve put into building your brand. That’s why we are here to make sure you have exclusive ownership. The Trademark Act of 1999 allows you to register your logo, slogan, shape, packaging, sound, smell, color combinations, and more, giving your brand a distinct identity.
Trademark Registration permits the applicant or the owner to use the logo, words, names, or symbols to represent the products or services of a particular company and differentiate the products or services that are provided by them from the competitors. Trademark Registration is an intangible asset for the company to safeguard the brand name, and it is vital to apply for Trademark Registration in India.
Package Inclusions:-
- Advice on the procedure of obtaining a Trademark Registration in India.
- Information, search, and filing of an application for Trademark Registration in India
- Collection of the necessary documents and filing of documents along with the application.
- Guidance on compliance related to Trademark Registration in India.
Benefits
Benefits of Trademark Registration
Process
Trademark Registration In Easy Steps
Explore Trademark Classes
Class 25
Clothing, Footwear, Headgear
Class 42
Scientific, Technological and Computer related services
Class 35
Advertising and Business Services
Document Checklist
Documents required to Register a Trademark
Proof of Applicant
PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)
Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark
User Affidavit
If a specific user date is to be claimed, the user affidavit is also required to be submitted
Signed Form TM - 48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature
Proof of TM Use
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
Faq
Frequently Asked Questions (FAQ)
The process involves filing of the application, processing by the Trademark Office, examination of the application, replying to the examination report, a show cause hearing (if necessary), publication of the trademark, and finally, the issuance of the registration certificate.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
Yes, one can apply for registration under multiple classes in one single application.
The TM symbol indicates that your trademark application is pending with the registry, while the R symbol signifies that your trademark is officially registered.
A trademark objection is a preliminary refusal issued by the examiner if he/she finds the applied mark to be ineligible for registration under certain grounds during the examination process.
Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.
Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.
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