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In simple terms, a Trademark refers to a brand name or logo. It includes any kind of name word, symbol, slogan, device or any combination, used or intended to be used. A trademark used to identify and helps in distinguishing the goods/services of one seller/provider from others and also indicates the sources of the goods/services. In some cases, a trademark can be used as a brand name/ logo. The trademark registration in Delhi is mostly done by the owners of the business to identify their products easily and also it prohibits others from using it.
Trademark Registration in Delhi can also be obtained for any kind of business entity.
The most popular trademarks are the symbols & names like Nike, Adidas, Puma, HP, Apple, Samsung.
According to the Trademarks Act,1999 it is required to obtain trademark registration in Delhi for any kind of business entity whether it is LLP/OPC/ Partnership/private company. A mere registration of a company under the companies act does not protect the mark or name of the brand.
Ex: A company T was registered under the provisions of the companies act and T was the logo of the company. In the meantime, a company called x produces the same products with the logo T and sells in the market. So, if the company T registers the logo T as its trademark then it prohibits the company x to use logo T and the company T can also proceed to take a legal action on company x.
Moreover Delhi the capital of the Country is a fast growing economic city with futuristic view point. Delhi is a city with tradition, which can be seen through its monuments like the qutub minar, jantar mantar, red fort and so on, this tradition with a modern touch is what delhi is truly. this city is best for starting anything new including trademarks.
There are a lot of reasons and needs to do trademark registration in Delhi
Some of them are as follows
The process of registration of trademark in Delhi involves the steps given below .A trademark can be registered by an individual, a HUF, a firm, a company, an LLP etc. It acts as a way of ensuring that recognized user holds the trademark registration lawfully. Company Vakil handles this whole process, staying with you every step of the way while you work on growth and aspirations. The steps of registration are as follows:
Search : The first step is a search for similar trademarks to ensure there is no infringement. A similar trademark in a similar line of work will not be entertained.
Filing of Trademark Application in Delhi : An application is filed with the Trademark Registrar containing information like Name and Address of owner, trademark class, first date of use and a soft copy of the trademark or logo to be registered.
Application Allotment : You can keep track of the status of your application online through an application number provided to you. You can now use the “TM” in your logo, name etc. until the final registration is given.
Vienna Codification : Vienna Code is an international classification of figurative elements of marks and logos. This is a scanning process.
Examination : This is the process by which the trademark officer makes sure the trademark is at par with all the rules and requirements. The officer can either accept or object to the trademark registration and the owner has the right to appear before them to address the objections. There is right to appeal in case of an arbitrary decision to the Appellate Board.
Publication : The trademark is published to which any person can object. This gives free and fair opportunity to anyone and time is given for objections along with hearings with the owner in presence.
Trademark Registration in Delhi : Trademark registration is finally achieved if no objection is raised to publication within 4 months. A trademark registration certificate marks the end of this process.
You can contact us for further details on the process and get your trademark registration by visiting us or contacting us through email or phone. Company Vakil is a leader in the trademarks arena with skilled lawyers and experts working with us.
There are various details to be submitted to the Registrar to complete your trademark registration. These include:
Details of the proprietor along with the address for further correspondence and nationality are to be provided. In the case of a company, the details of the company like the country of incorporation and its type are to be provided.
A soft copy of the trademark being represented with correct colours and specifications is to be given. A translation of foreign words, if any, is to be provided.
A list of goods and services that are provided under the applied trademarks are to be clearly mentioned.
Date of first use
Date of the first use of the trademark is to be specified.
Power of Attorney
It can be signed on a later date and it is not necessary to be notarized. It is on a stamp paper.
There are a lot of advantages to registering a trademark in Delhi
Rights are guaranteed to the trademark registration for exclusive use in any way to further spread their work. Only the legitimized holder can do this. Trademark registration allows for only authorized users.
A trademark registration acts as a unique identifier for the brand name and provides you with distinctness from your competitors in the market. The trademark registration makes sure that it is recognized as unique and has a legal standing, which attaches value to it.
A trademark registration guarantees the source of a product or service. It makes sure that the consumers know it is consistent and made exactly the same way as featured. No faux products are allowed to affect your brand or market share.
A registered trademark is very well an intellectual property aimed at recognition and hence can be used to procure loans as any other asset could be used.
The holder has rights to further part with certain rights for a suitable fee and license the use of the trademark by mentioning the same in the Register. This helps in furtherance of business.
A registered trademark is transferable whereas there is no such right given to unregistered ones.
A registered trademark has protection against infringement, which also acts as a deterrent from unauthorized use. This makes sure no one misuses your work. A trademark registration makes sure there is no question of ownership of the trademark in legal proceedings.
The symbol ® or “R”
Only registered trademarks have the right to use this symbol or word. This marks you distinct from other products out there and acts a warning against infringement.
It is easier to get trademark registration in foreign countries to expand your business if you are already registered in the domestic arena.
No, the trademark differs from patent and copyright .so, the trademark registration does not equal to patent registration.
A trademark is a symbol for its products but copyright on other hand is any kind of literary, audiovisual works, on the other hand, a patent is granted for an individual/enterprise which excludes all others to make/sell that product
Words, slogans, logos comes under the ambit of the trademark.
Photographs, movies, music, software, literary works come under the ambit of copyright
Inventions and ideas come under the ambit of patent
A trademark registration typically lasts for 10 years and has to be renewed after the end of this period.
The trademark registry classified all goods and services under 45 different classes. The applicant must choose under which class his trademark business falls and it needs to be filled in the application form
After selecting a brand name/logo you need to run a database search provided by intellectual property database. This will show you whether the selected brand name exists before or not. Of exists, you need to select other logo and run the search again.
If your applied trademark logo is similar to an existing application or if it hurts any religion, geographical names or creates a confusion then it will be rejected.
The registration of a trademark involves a lot of steps to need any kind of professional expertise you can consult Company Vakil Experts for help in Trademark Registration in India .
There are different kind of trademark symbols they are
(TM) SYMBOL: Once you file an application to the registrar of the trademark you can use this symbol
(R) SYMBOL : This symbol can be used once your trademark gets registered.
If the trademark word is similar it will be rejected but by doing some necessary changes you can still use it by adding the company name to the logo are changing the letters /adding letters to it.
A registered company has certain rights but is not absolutely protected against trademark infringement. If you want to protect your brand and value, trademark registration is highly advisable.
There is a concession for micro, small and medium enterprises. If you are a startup, you will get discount on the charges of the process.
In today’s world of conglomerates, it would be archaic to not do so. You can fill a specific form that deals with different types of goods and services using the same trademark, which protects your interests across different platforms.
Yes, a registration can be revoked if taken by deceiving or unlawful means. This can be done by the proprietor or by the Registrar suo moto.
Yes. The test for trademark registration is the fact that people associate a specific trademark with a specific kind of product, brand or service. An entity working in an un -associated arena can have a similar trademark.
Yes, a foreign company can do so and it is advisable to protect their interests