Online Trademark Application Filing with our Expert Legal Assistance!

Posted by kavita123 on February 27th, 2020

What is a Trademark?

The trademark of a company is a unique and easily recognizable sign, logo or expression, that is used for creating a separate identity of the products or services. The trademark is an intellectual asset of a company, and it can be used accordingly by the owner. It is a brand of the company and can be in the form of a logo, image, symbol, word(s), letter(s) or color (s). They are noted by the symbols like ™, or ®, after registration. 

Who can apply?

Any person, company, proprietor or legal entity can apply for trademark registration. It is the very first step after the company formation process. Once the entity has collected all the documents, they have to apply for registration by filling the registration form. The duration for the approval of trademark filing is a minimum of 18 to 24 months. After applying the for registration, the company can start using the TM symbol and after the issuance of the certificate ® (Registered logo) can be used, with the products or services of the company. The legal registration of the trademark is available for ten years, after that the company has to apply for renewal. 

Essential functions of trademark:

The main functions of a registered trademark are mentioned below:

• It uniquely identifies the service or product of a company, among similar products in the market.
• The trademark is a guarantee of the excellent quality of the products and services.
• It is instrumental in the creation of the brand recognition of the products or services of the company.

Types of trademark:

The trademark is done for different varieties; some are listed below:

• It can be a name, including the first name, the surname of the applicant, predecessor in business or the signature of the applicant.
• This can also be done for a unique coined word, invented word, etc.
• Alphabets, Letters, numerals or any combination of these can be used.
• It can also be done for image, symbol, monograms, 3-dimensional shapes, letters etc.
• There are also sound marks.

Documents required for filing Trade Mark Application

Several essential documents are attached to the online trademark application filing of the form. The details of the documents to be attached are provided in the trademark act, 1999. Given below is the list of documents, the applicant has to keep ready to apply for trademark application:

• A copy of the unique Trademark or logo for the product or services.
• The copy of the details of the applicant like name, address, and nationality
• A proof of the existence of the company like address proof, identity proof of the directors and shareholders.
• Mention the goods or services along with their class in the form, of the 45 classifications of the products.
• Provide proof of the start date of the use of the trademark in India, in case of prior usage.
• A copy of the signed power of attorney by the registration application.
• Goods or services to register
• Date of first use of the trademark in India, if used by you before applying.
• Power of attorney to be signed by the applicant

Process of filing:

The method of trademark registration involves the following steps:

1. Create a unique and easily recognizable trademark for the product or service of the company.
2. Conduct an online search to find any similar published trademark.
3. In case of nothing matches, you may go ahead with the application.
4. Attach the relevant documents for proof of the authenticity of the owner and company.
5. Fill the application form, attach the documents and submit the application.
6. After the verification by government officials, the trademark is published online.
7. Finally, the certificate of a trademark is issued for the company. It is useful for ten years.