A distinctive mark or a visual symbol which may be in the form of a word, logo, signature, name, device, label, numerals or combination of colours used by one company or an individual to distinguish it from other similar goods or services from the competition. If you think your idea is unique, the only thing that could protect the same from recreation would be to patent it as your own. A registered trademark holds a lot of value and is considered as an intangible asset to the company.
Trademark is registered under the Trademarks Act, 1999. It is also essential for each business to register its Trade Name/ Company Name under the Trademarks Act since the Companies Act does not give the protection against who might use a similar name or goods and services.
The legal requirements to register a trademark under the Trademark Act are: The selected mark should be capable of being represented graphically. By this, it is meant that the mark should be capable of been put down on paper in a written format. It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used, the mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without the identity of that person.
Trademark ‘TM’ and Servicemark ‘SM are the symbols that allow the public to identify that the company or an individual is claiming exclusive rights on the said goods, services or ideas. For this, one must get the file the application for Trademark Registration and apply for the same. The ® symbol can be used once the trademark is registered and approved and a registration certificate is issued for the same. The registration symbol is valid for 10 years from the date of registration of the trademark. A trademark could be obtained within 3 days of application filing but the registration symbol may take up to 2 years to be obtained. The registration process is the same for both trademarks and servicemarks.
After you’ve researched and selected your desired trademark, we can help you register the same. This must be done with much thought because not every mark is registrable. Nor is every mark legally protectable, that is, some marks may not be capable of serving as the basis for a legal claim by the owner seeking to stop others from using a similar mark on related goods or services.
Trademark name search
We will search the Trademark Directory to find out if the trademark that you desire is available or not. It determines if someone else is already claiming trademark rights in wording/design that is similar to yours or if it is used on related goods/services through a federal registration.
Trademark Consultancy by Experts
Our team of Expert Partner Lawyers and Company Secretary will be available to take your queries regarding the registration (process and approvals) and will be there to guide you each step on the way. They will also help you choose the right class under which the Trademark should be registered.
Authorization Letter drafting
We will draft the authorization letter on your behalf which will give us the right to file for a trademark on your behalf.
Application Drafting
The CS will draft your application for trademark registration and fill out your forms required for the application. We shall keep spontaneous and thorough follow-ups on the proceedings of the registration process until it is complete.
Application Submission
We shall submit the application on your behalf under the right authorities.
Regular Updates
Our team of dedicated case managers shall keep following up on your case and provide you with regular updates.
Lawtendo provides top Company Secretary’s who expertise in the entire range of services required to register and maintain protection for your intellectual property assets. We can help you register trademarks, copyrights, designs and patents.
Authorization Letter
The following documents will be required while filing for a trademark:
Apart from the above-mentioned Documents following proofs shall be required:
If there is a logo or a design used in the trademark then it shall be submitted in black & white format only.
A trademark user affidavit