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Trademark Registration

How to register a Trademark and What does a Trademark protect?

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Trademark registration allows a Trademark to use symbols or words used to represent a business or the products offered by a business. The Symbols or words used by a business distinguish the goods or services provided by them from their competitors. After registering a trademark, any other organization cannot use it as long as it remains in use. The Trademark applicant can start using the ™ Symbol with the brand once it is registered. The Trademark acts as an asset for the Company; to protect the brand, an application for trademark registration is a must. The process for trademark registration in India has various steps and requires follow-up with the Government. Hence, it is necessary to be under the guidance of an expert for obtaining the trademark registration quickly.

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Advantages of Trademark Registration

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Global Filling of Trademark

A trademark that is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.

Get Unique Identity

Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.

Legal Protection

A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.

Advertising sales

The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.

Differentiating products

Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.

Exclusive rights

The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.

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Types of Trademark

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The IP Rights that can be categorised as Trademark may be many, However, some of the most common examples
of types of the trademark are presented below.

Business Name
The most important trademark is your Business Name, You must protect it immediately before someone else steals it.
Logo of the Company
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image
Brands of The Company
The products of business are known by its independent name. It may be a wordmark or a device mark (image).
Punchline or Slogan
Punchline or Slogan, like "Ye Dil Mange More" of Pepsi, can be protected by registering the trademark registration in India.
Domain Name
The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it
Sound Mark
If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark

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Procedure For Trademark Registration

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Complete our Trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your Trademark search
To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Select Appropriate Class
Depending on the nature of your products, we shall suggest the appropriate class among the 45 classes
Trademark Application filed
We create your Trademark application in 3 days and get your TM number

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Steps In Trademark Application

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Step 1 : Trademark search

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Team of DIVADHVIK checks trademark availibity or checks brand name availability on the behalf of their clients to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. Because being exclusive do matters. This ensures that there are no issues & there are minimal chances of an objection being raised in the future.

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Step 2 : Create trademark application

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Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our legal Team to file a trademark application on your behalf.

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Step 3 : Trademark application submission

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Once we receive the authorization letter & provided that no information is incorrect or partial, our legal Team will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online.

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Step 4: Trademark registration

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Once a trademark application is complete, your application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.

In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

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Step 5: Hearing before Registrar

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If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.