<p>The post Trademark Registration In India first appeared on Anju Jadon News & Blogs.</p>
]]>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.
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.
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.
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.
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’.
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.
Trademark registration is important and necessary for a business because:
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:
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.
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.
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.
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.
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!
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.
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.
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.
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.
Initially, you have to provide us with the following details:
The documents required are:
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]]>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.
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
Plans and pricing
LegalZoom offers only one type of package for its trademark registration services.
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.
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
Plans and pricing
Trademark Engine offers three pricing plans for those looking to register a trademark.
The basic package includes features such as direct-hit search, federal e-filing with USPTO, and electronic delivery.
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.
Along with all services from the Standard package, the Deluxe package also includes private registration and 24-hour expedited processing.
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
Plans and pricing
Rocket Lawyer has one plan.
Easy-to-create, reliable documents for hundreds of purposes, share, download and print anytime, etc.
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
Plans and pricing
Incfile offers only one pricing plan for registering a trademark at their company.
Registering your trademark with Incfile includes legal counseling with a trademark attorney, a detailed search of existing trademarks, and trademark application preparation and filing.
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
Plans and pricing
The four pricing plans available at Trademark Plus are:
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.
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.
Email delivery of search report, state search of pending and registered trademarks from all 50 States, etc.
Worldwide search of active International trademarks including Canada, European Community, United Kingdom, Germany, and World Intellectual Property Organization (WIPO).
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
Plans and pricing
The three pricing plans at Trademark Factory are:
The most cost-effective plan at Trademark Factory includes a trademark search, free additional searches, application filing and handling, and a trademark certificate.
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.
The Ultimate plan includes several additional features, such as defending your trademark and weekly trademark monitoring.
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
Plans and pricing
The Trademark Express trademark registration services are available in two different pricing plans.
If you want the company to take care of your application, Trademark Express can prepare and file the application for you.
Start-Up Package includes federal, state, and common law research by the company’s expert team.
The Trademark Express team will search the pending and registered trademark files and fully prepare your US Federal trademark application.
Urgent Trademark package includes the trademarking service in just 10 hours.
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
Plans and pricing
The two pricing plans available through the Trademark Center are:
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.
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.
<p>The post Trademark Registration Best Services 2023 in USA first appeared on Anju Jadon News & Blogs.</p>
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