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Trademark Registration: What it is, How To Apply for it?

Understand Trademarks, Protect Your Company and Products

Overview

For the founder, business/startup is like a child, as much hard work and care is required in raising and raising a child, it is also important to protect it from external problems and diseases. Just as these problems and diseases weaken the body, they also weaken the company and startup. Many founders understand this only when it is too late, so today let us understand this legal vaccine i.e. trademark, how a trademark protects the immunity of your business and protects you from future problems.

 

Read Also: What is Company Registration?

 

What is a trademark?

Any business is created with a lot of hard work, it takes months to create its name, logo, tagline, color combination, product, packing, imagine that you worked hard for months to create all this and your business started working, suddenly you If you see a new product/logo in your own name in the shop or somewhere, which is not yours, but is doing business using the same name as yours, then you will feel very bad, right? Yes, a lot, but if you have not protected your business under trademark then nothing can happen, trademark makes these needs of yours legally yours, so that no one can copy your brand, and you can do business without fear. Not only this, there is also another side to it, suppose you have started a business with one name but later you find out that someone else has registered a similar name long ago, then you may get into legal trouble and you will have to pay Rs. Your business may not only be closed but you may also have to pay a fine. So as a startup founder, my advice is that do not take trademark lightly, definitely get it done. 

 

Read Also: LLP Registration, Benefits, Eligibility, Procedure and Required Documents

 

What does a trademark cover?

To protect the identity of your business and product, you can take legal protection of your logo, company name, tagline, color combination of the logo, or product packaging, sound. Also, if you feel that the needs of your company are different, then you can apply for a trademark registration by taking advice from a lawyer or legal expert. 

 

Read Also: Top 10 Reasons to Invest in a Private Limited Company

 

How to apply for a trademark?

You can apply for trademark through both online and offline modes, for this you will have to visit https://ipindiaonline.gov.in/eregister/eregister.aspx , however, before applying, you will have to check that the thing for which The trademark you are taking is not already registered, for this you can see on this website https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. if trademark in not registered then you register your trademark logo.

Read Also : How to Renew Trademark Registration Online?

What is the fee for a trademark?

Yes, you also have to pay a legal fee for a trademark, it can be different depending on the name of Individual and company, however, if you are registered in Startup India then you have to pay half of this fee, sometimes due to the government. Some schemes are also run by the government where the fees paid to the professionals are also paid by the government, please verify all these information once from your legal expert or from the government website. 

Read Also : Is a Private Limited Company Right for You?

 

 

What documents are required for a trademark?

In this process you need some documents like- 

  • Details of your logo, design, color combination 
  • Your own documents like ID and address proof 
  • Information about your product.

Read Also : LLP Company Registration Process, Documents and Benefits

Trademark Registration and Certification?

If your registration is successful then you are issued a certificate, after which you can use the trademark symbol (TM), and after that it remains in its process for a few months, if someone else has registered your trademark. If this registration was not opposed, then after about 6-12 months you get the registered trademark symbol (®), after which you become its legal owner. After this the trademark becomes yours for unlimited time, however, you have to renew it every 10 years. If you are not knowledgeable about legal matters, then this whole process can be a bit difficult or time taking, so my advice would be that as a founder, you save your time, invest it in your business and other products and such. Take advice from an expert for the work and let him do it.

 

Read Also : How to Register a LLP Company in India?

 

FAQs

Ans.A trademark legally protects your business identity, including its name, logo, tagline, and other unique features. It prevents others from copying your brand and allows you to conduct business without fear of infringement.
 

Ans.A trademark can cover your logo, company name, tagline, color combinations, product packaging, and even unique sounds associated with your brand.
 

Ans.You can apply for a trademark online or offline through the official website of the trademark office. Before applying, ensure that your desired trademark is not already registered to avoid legal issues.
 

Ans.The fee for trademark registration varies based on whether you are an individual or a company. If you are registered under Startup India, you may be eligible for a reduced fee. Government schemes may also offer fee assistance for certain cases.
 

Ans.You will need details of your logo, design, color combinations, your personal ID and address proofs, and information about your products to complete the trademark application process.
 

Ans.Upon successful registration, you will receive a certificate allowing you to use the trademark symbol (TM). After a period of review and if no opposition is raised, you will be granted the registered trademark symbol (®), making you the legal owner of the trademark.
 

Ans.Once registered, a trademark is valid for an unlimited period but needs to be renewed every 10 years to maintain its legal protection.
 

Ans.Trademark registration involves legal complexities that may be challenging for those unfamiliar with the process. Seeking advice from legal experts can help streamline the process and ensure proper protection for your business.
 

Ans.Without a registered trademark, your business is vulnerable to infringement, legal disputes, and potential financial penalties. Registering a trademark is crucial for safeguarding your brand's identity and reputation.
 

Ans.For more information on trademarks and the registration process, visit the official website of the trademark office or consult with a legal expert to guide you through the application process.
 

Updated on: 27 Mar, 2024 | 7 min read

Vanshika Gupta