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 Meaning
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The first step towards registering a trademark is identifying the marks eligible for registration under the trademark laws. You are encouraged to speak with our IPR advisors to register your trademarks.
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Cognizant Advisors is an online business compliance platform that helps entrepreneurs and other individuals with various, registrations, tax filings, and other legal matters.
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Introduction
Meaning of Trademark
A trademark is defined under Section 2(m) of the Act as a mark that includes a brand, device, heading, ticket, label, name, word, signature, letter, the shape of goods, numeral, packaging or combination of colours or any such combination.
Trademark is a visual symbol or logo used to indicate the source of the products or goods. The symbol or logo can be a word, signature, number, geometrical figure, monogram, a combination of words and numerical, a combination of colours with a logo, or it can even be a sound mark.
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)
Yes, one can apply for registration under multiple classes in one single application.
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.