Trademark Registration – Anju Jadon News & Blogs

Trademark Registration In India

anjujadon — Sat, 20 May 2023 06:29:20 +0000

Trademark Registration online

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A brand registration in India is your business’s intellectual property/ intangible asset. Trademark registration in India protects the investment made into creating trust and loyalty among your customers.

Trademark registration in India 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 to register a trademark online is which aspect of your brand stands out to your customers. Pick that aspect(s) for applying for a 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: TATA.

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 brand registration in India 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 ‘It’s finger lickin’ good’.

4. Other Options

a. Colour Mark: You can register a trademark online for 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 via online trademark registration if we can prove that it’s distinctive. Nokia has trademarked its tune.

c. Scent Mark: Even scents can be trademarked in online trademark registration.

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 unauthorised 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 registration 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 for a 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 a 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 apply trademark online 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) to apply trademark 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 a 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).

The post Trademark Registration In India first appeared on Anju Jadon News & Blogs.

Trademark Registration Best Services 2023 in USA

anjujadon — Sat, 20 May 2023 00:01:57 +0000

Registering for a trademark is an important step in protecting your company’s logo, name or slogan with the U.S. Patent and Trademark Office (USPTO). And while some trademarks under common law protect your intellectual property, it isn’t always guaranteed. Today’s leading trademark registration services help take a lot of the headaches out of the registration process. Common features include trademark search, assistance with filing and a quick turnaround time.

Keep in mind that whatever you pay a trademark registration firm won’t include the fees the USPTO charges for filing for a trademark. Be prepared to pay an additional $250 to $350 per trademark class.

The Best Trademark Registration Services of 2023 in USA
LegalZoom
Trademark Engine
Rocket Lawyer
JPG Legal
Trademark Plus
TrademarkCenter
Trademark Factory
MyCorporation
Trademark Express
Trademark Firm

Note: The information in this article is for informational purposes only. None of it should be considered legal advice on trademark registration, or any other subject.

1. – LegalZoom (First according Customer Review’s)

LegalZoom is an online legal technology company with headquarters in California. This company aims to help its clients create legal documents without hiring a lawyer.

Using LegalZoom’s services, people can quickly and easily start a business, secure their families’ interests, and protect their intellectual property. From creating wills and living trusts to submitting trademark applications, LegalZoom can assist you in every step of your life.

Key features

A wide selection of services – LegalZoom covers you in many other spheres of your life besides trademark registration;
US coverage – all legal documents are recognized in all 50 US states;
Quick turnaround time – get your documents in record time;
Flat-rate fees – no surprises with unexpected costs; and
Customer support – clients can contact the customer care team via phone or live chat.

Plans and pricing

LegalZoom offers only one type of package for its trademark registration services.

Standard package

$599
Plus federal fees

LegalZoom’s trademark registration service includes research, registration filing, and full attorney support throughout the process, even if the attorney believes that your first trademark idea has some issues.

2. – Trademark Engine (Versatile pricing)

Trademark Engine is a company established to provide small businesses with a simple, quick, and affordable approach to trademark registration. Trademark Engine stands out due to its excellent features, versatile pricing plans, and an experienced team that takes care of every application with great care.

Key features

Affordable prices – the Basic package is among the cheapest pricing plans for trademark registration;
Trademark monitoring – almost all pricing plans include trademark monitoring;
Direct-hit search – gain access to all pending and live trademark applications;
Federal e-filing – complete the entire application online without dealing with a bunch of emails and paperwork; and
Customer support – contact the customer care team via phone, live chat, or email.

Plans and pricing

Trademark Engine offers three pricing plans for those looking to register a trademark.

Basic package

$99
Plus USPTO filing fees

The basic package includes features such as direct-hit search, federal e-filing with USPTO, and electronic delivery.

Standard package

$149
Plus USPTO filing fees

In addition to including all services from the basic package, the Standard package also includes a cease & desist letter, a custom transfer/assignment template, and one month of trademark monitoring.

Deluxe package

$199
Plus USPTO filing fees

Along with all services from the Standard package, the Deluxe package also includes private registration and 24-hour expedited processing.

3. – Rocket Lawyer (The Best cheapest options)

Rocket Lawyer is another outstanding choice, primarily if you’re searching for a cost-effective trademark registration service. If you sign up for a Rocket Lawyer membership, you can receive additional discounts that will lower the price of the company’s services even further.

Key features

Discounted prices – members receive special discounts for services;
Affordable plans – trademark registration service plans are some of the cheapest on the market;
One-on-one consultation – meet with an attorney to discuss your trademark registration;
Proper protection – choose a trademark class that best fits your intellectual property; and
Professional assistance – get help from an attorney to ensure that your application is complete.

Plans and pricing

Rocket Lawyer has one plan.

Basic

$39 per month

Easy-to-create, reliable documents for hundreds of purposes, share, download and print anytime, etc.

4. – Incfile (Streamlined user interface)

If you’re searching for a company that offers trademark registration services and an engaging and streamlined experience while using its platform, you can’t go wrong with Incfile. With one of the best user interfaces, working to protect your brand’s documentation is fun and easy.

Key features

Cost-effective trademarking – Incfile’s services allow you to save a lot of money from the start;
Online storage – store all of your essential files and documents in one place;
Dashboard – track deadlines and receive reminders with their user-friendly dashboard; and
Unlimited customer support – contact customer support via phone or email as often as you need.

Plans and pricing

Incfile offers only one pricing plan for registering a trademark at their company.

Basic

$199
Plus state fee

Registering your trademark with Incfile includes legal counseling with a trademark attorney, a detailed search of existing trademarks, and trademark application preparation and filing.

5. Trademark Plus (Give Flexible services)

As one of the newer companies working with trademark registration, Trademark Plus offers flexible services to its clients compared to some older companies in the field. With their 30-day money-back guarantee and affordable plans, Trademark Plus allows its customers to remain flexible.

Key features

Affordable plans – with cost-effective pricing plans, Trademark Plus is an excellent budget-friendly option;
30-day money-back guarantee – receive your money back if you’re not satisfied with their service within the first 30 days;
Application preparation and filing – with select plans, the Trademark Plus team takes care of your entire application;
Perfect for small businesses – if you know your trademark is available, the easy filing process is ideal for you; and
Six- to eight-month turnaround – receive a decision quickly.

Plans and pricing

The four pricing plans available at Trademark Plus are:

U.S. Federal

$99
Plus filing fee

The U.S. Federal includes an in-depth search of federal trademarks, submission of the draft application to the USPTO, and review of the application.

U.S. Federal & State

$199
Plus filing fee

The U.S. Federal & State includes an in-depth search of federal trademarks, experienced trademark attorney assistance, as well as submission of the application to the USPTO.

U.S. Comprehensive

$299
Plus filing fee

Email delivery of search report, state search of pending and registered trademarks from all 50 States, etc.

Worldwide and U.S.

$499
Plus filing fee

Worldwide search of active International trademarks including Canada, European Community, United Kingdom, Germany, and World Intellectual Property Organization (WIPO).

6. – Trademark Factory (For Legal help)

Finding a legal company that genuinely cares about its clients and will do anything to help them is challenging but not impossible. Fortunately, you don’t have to look far if that is your primary goal. Trademark Factory offers you all of the legal help you might require while registering a trademark.

Key features

99.3% success rate – a high chance of your trademark registration approval;
Nine years in business – work with experienced professionals who know everything about trademark registration;
Get a full refund – you will get all your money back if you don’t get trademark approval;
Handling of all office actions – licensed professionals handle all office actions for you with most plans; and
A fixed fee – no hidden or unexpected costs.

Plans and pricing

The three pricing plans at Trademark Factory are:

I Feel Lucky

$1.995

The most cost-effective plan at Trademark Factory includes a trademark search, free additional searches, application filing and handling, and a trademark certificate.

All-Inclusive

$2.995

The All-Inclusive plan incorporates all of the features from the plan above, plus a 100% refund if the application gets rejected, as well as unlimited responses to office actions.

Ultimate

$5.995

The Ultimate plan includes several additional features, such as defending your trademark and weekly trademark monitoring.

7.- Trademark Express (One-on-one communication)

Finally, Trademark Express is the best choice for people seeking an individualized approach and one-on-one communication. Trademark Express excels at providing customers with custom plans that best fit their needs.

Key features

100% success rate – all trademark applications since 2008 have received approval;
Specialist consultations – learn about how the company works before making a deal;
Expert analysis – let trademark experts take care of your application;
Comprehensive search – examine common, state, and federal laws related to trademarking; and
Customer support – contact the customer care team via email or phone.

Plans and pricing

The Trademark Express trademark registration services are available in two different pricing plans.

Application Prep Package

$400

If you want the company to take care of your application, Trademark Express can prepare and file the application for you.

Start-Up Package

$400

Start-Up Package includes federal, state, and common law research by the company’s expert team.

Premium Package

$700

The Trademark Express team will search the pending and registered trademark files and fully prepare your US Federal trademark application.

Urgent Trademark

$1000

Urgent Trademark package includes the trademarking service in just 10 hours.

8. – Trademark Center (Best for small business owners)

If you’re a small business owner, the services at the Trademark Center are perfect for your brand. Since money-back guarantees aren’t that common among companies working with trademark registration, this feature can help you to avoid wasting money.

Key features

20 years of experience – work with a company that has filed over 6,000 trademark applications;
Attorney consultation – consult with an expert regarding your trademark registration;
Trademark monitoring – make sure that there aren’t any infringements of your intellectual property;
Comprehensive search – examine all common, state, and federal trademark laws; and
Money-back guarantee – get your money back before or after filing a trademark registration application.

Plans and pricing

The two pricing plans available through the Trademark Center are:

Standard

$300
Plus USPTO fees

The Trademark Center’s Standard package includes federal search, application drafting and filing, 6 months of quarterly trademark watch, and trademark attorney assistance, among other services.

Premium

$495
Plus USPTO fees

The Premium package includes a more comprehensive search, application drafting and filing, one year of quarterly trademark watch, trademark attorney assistance, and several other services.

The post Trademark Registration Best Services 2023 in USA first appeared on Anju Jadon News & Blogs.