What is Trademark?
A Trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although it is used to identify services is usually called service marks.
It will differentiate your product from the other one.
On which things we can take Trademark?
We can take Trademark on anything such as:
- Name (COCO COLA, TATA)
- Logo (APPLE, MC D)
- Caption (PEPSI (Dill mange mor), NIKE (Just do it))
- Smell (PERFUME SMELL)
- Word (HERO MOTORS, RELIANCE)
- Music (Dairy milk AD)
- Shapes (Packaging shapes of the products)
Etc. we can take Trademark on many items.
Uses of Trademark:
A Trademark usually protects your brand names and logos and owners to continuously use their Trademark by maximizing their protection and advertisement through all platforms etc. there are many uses of the Trademark.
Penalty for Unauthorized Trademark:
Any individual or company which sells their product with an unauthorized trademark will be punished by the following ways.
- Imprisonment from 6 months to 3 years
- Fine starting from 50k to 2 lakh rupees.
However, he can be safe from the following ways, if he proves:
- If they were not aware of the original Trademark
- They shall give the information in their control with regard to the person from whom they obtained any such products or services.
- Before that we have to search for name which we are going to register is already registered or not https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx)
- Give your business name on the 1st box & give your class in the 2nd box.
There are 45 types of classes which are present so we have to give the class which belongs to us. (Classes PDF will be provided) & click on the search option.
- If not registered it will show the image as below, It means you can proceed with the name you selected.
- Please use this link for registering as a new user.
- Select “Proprietor” in the 1st box and click on search Button, you will get your code at last.
- Give your Name (Personal) in the box shown below.
- Please click on submit button & click on “ADD NEW” Button.
Please click on the “OTHERS” box on the top & give your details as shown below & click on submit button.
Your code will appear on the screen as shown below.
- After getting the code click on “PROCESS” button as shown below
- Now you can see the “NEW USER REGISTRATION FORM”
This is the main thing in the registration process
- Please upload your “Digital signature” in the first box as image shown above. (If you don’t have the DIGITAL SIGNATURE, you can create by your own in the govt. website by looking into our video. The link will be provided in the description.
- Provide any user ID on your own.
- Provide the strong password.
- Give you mail id and mobile number for the SMS alert.
- Enter the captcha and click on “REGISTER”.
Login to your account with the details you received in mail and enter captcha as shown in the below image.
- Click on the “NEW FOR FILLING” on the left side dropdown as show in the image.
- Click on “FILE TM-A” as shown in the below image.
Tap on “INDIVIDUAL SOLE PROPRIETOR” as shown in the image below.
- After that click on “TRADE MARKS APPLICATION” and select your class at down and click on submit button as shown in the image below.
Please fill your details as shown below.
Edit your details if you want to change anything or you can proceed with the given details, but you have to once check your details.
Give your Address as shown in the image and it will automatically pick the State of Province.
Give the item which you are going to register as shown in the below image, for LOGO u have to select the DEVICE option and upload your logo
WHEN YOU ARE UPLOADING THE LOGO PLEASE UPLOAD IN BLACK & WHITE IMAGE, BECAUSE IN THE FUTURE IF YOU WANT TO CHANGE THE COLOURS IN THE IMAGE AGAIN YOU NEED TO GET IT REGISTERED OTHERWISE YOU HAVE TO REGISTER WHEN YOU CHANGE THE COLOR OF THE LOGO.
After that, the screen will be shown as below, click on DONE.
Give your Business Trade name and Description for the image uploaded
Select your language and conditions if you have.
Give the Description for your Goods and services provided as per the selected class & select the “PROPOSED TO BE USED” tick box if you are going to use this description in the future. as shown in the below image.
In the VERIFICATION tab, please click on ATTACH DOCUMENTS box as shown in the below image.
These are the documents list, any one of them you can select, and if you don’t have any of the below certificates, no problem because it’s not mandatory to upload these documents, so simply click on DONE.
here you can view the FEE DETAILS of the Trade mark certificate.
Click on DIGITALLY SIGN AND SUBMIT as shown in the below image.
Please click on SELECT TO SIGN & after page refreshes you will find the number as shown below and click on CLICK TO SIGN upload your Digital signature. and after uploading click on CLICK TO SIGN to get it submitted.
- Click on MAKE PAYMENT on the left side dropdown.
You can view your pending document which is needed to be paid and submitted.
Please tick on I AGREE WITH TERMS AND CONDITIONS and click on the MAKE PAYMENT button.
PAYMENT you will see your receipt on the screen and check it and click on CONFIRM tab.
Please select your bank to pay and complete your payment.
After completion of the payment, you can download your receipt
If you want to check your status, please click on FORM HISTORY on the left side and click on FILING HISTORY from the dropdown.
Select the date on which you have filed the application and click on SUBMIT button.
After clicking on submit button you can check your status at the last box of the table as shown in the below image.
After your filing has been approved you will get a confirmation on the mail and your linked mobile number.
For the approval of the trademark, It will take at least 3 to 4 months from the date of application filled. if any query gets from the department you have to solve it and after solving it you will receive your certificate.
The cost mentioned above is only for the INDIVIDUAL person, for the company and all it will have separate rates as given below.
- The government fees for trademark registration is Rs.9000 per application per class for company.
- The government fees for trademark registration is Rs.4500 per application per class for individual.
VALIDITY OF THE TRADEMARK:
The registration of the trademark is valid for a period of 10 years and renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible after the expiry and within 6 months from the validity date. Restoration of the registration is possible after 6 months but before 1 year from the validity date of the registration.
You can use the symbol TM after applying for the trademark, after your name or logo got registered you can use the symbol of R at the top of your company or business name
THANK YOU FOR YOUR PATIENCE