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TRADEMARK REGISTRATION

What is a Trademark Registration?


A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registered if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registered if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.


Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.


Alok Kumar And Associates offers a variety of trademark services like trademark filing, trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with our expert.


Reasons to Register a Trademark


Legal Protection:


Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement. Trademark protection is not enforceable for trademarks that are not registered. All registered trademarks are valid for a period of 10 years and can be renewed for a period of another 10 years easily by filing a trademark renewal application.


Unique Identity


Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.


Uninterrupted Existence:


A company has 'perpetual succession', that is continued or uninterrupted existence until it is legally dissolved. A company, being a separate legal person, is unaffected by the death or other departure of any member but continues to be in existence irrespective of the changes in membership.


Creation of Asset


Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.


Trust or Goodwill


Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand. Global Trademark Filing A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.


Documents required for Trademark Registration


Identity Proof of Authorized Signatory


Proof of Registration


Signed Form-48


Logo & User Affidavit


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