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How to Secure a Brand with Trademark Registration in India?
Shah IP provides services about trademark registration in India and also helps to protect the brand and its identity through court of Law. The brand is much more than a name or logo; it is your business and establishes customer trust. Shah IP, with its accurate guidance to clients, enhances the trademark registration possibility.
A trademark registration in India means that you are legally recognized as having the right to the said brand and, therefore, stops others from using it without your permission. Shah IP will help you move through the process faster; you can focus on taking your venture forward. The Trademark Act, of 1999 protects trademarks and their rights.
7 Steps to Secure Brand with Trademark Registration in India
Protecting your brand and getting trademark registration in India is a legal process that grants legal protection and ownership. Protect your brand effectively by following these steps.
1. Create a Unique Brand Name
The first step to protect your brand, create an original name, logo, or tagline that represents your brand identity should stand out and represent the essence of your business.
- Be creative and formulate a name, logo, or tagline that will set you apart.
- Ensure it reflects your business identity and values.
- Ensure that you avoid common terms or phrases usually used within the industry.
2. Trademark Search
Before applying for a trademark, it’s essential to check if the name or design you’ve chosen is available.
- Visit the official IP India website.
- Use the trademark search tool to check if your chosen brand name or logo is already registered.
- Ensure the name is unique and does not conflict with existing trademarks to avoid rejection.
3. File an Application
Once you confirm the availability of your trademark, proceed to apply.
- Prepare all necessary documents:
- Address proof.
- Business registration certificate (if applicable).
- A clear digital copy of your logo or design.
- Submit the trademark application using Form TM-A.
- You can apply online through the IP India portal or offline at the Trademark Registry Office.
Pay the appropriate fees, which vary depending on whether you’re an individual, startup, or company with MSME.
4. Examination Process
After submission, the Registrar examines the application to verify that it adheres to trademark laws.
- They check for compliance with the rules and ensure there are no conflicting trademarks.
- If the Registrar identifies issues, you may receive an examination report with objections.
- Respond to these objections within the prescribed period, providing evidence and explanations as required.
5. Registration Certificate
After the Registrar has accepted the applied trademark and there are no oppositions or objections made within the publication period of 120 days, you will get a certificate of registration.
- The registration certificate confirms your legal ownership of the trademark.
- Your trademark is now legally protected under law.
Once the application is approved, it takes approximately 6 to 12 months for the trademark to be registered and the certificate to be issued
6. Use the Trademark Symbol
After registration, you can use ®.
- The ® symbol indicates that your trademark is registered and protected legally.
- During the period when your application is awaiting approval, you can use the ™ symbol to show that you have applied for trademark protection.
7. Legal Representation
In the event of opposition coming up while the registration process is already on, you can seek help from a trademark expert.
- A lawyer related to Trademark Registration Service will be able to help you by drafting reply, statement and claim in connection with the issues that lead to a hearing.
- Professional assistance will allow your application to be filed properly, and this increases the likelihood of approval later on.
Why Trademark Registration Matters
Trademark registration in India is not a mere formality. It’s a strategic step to safeguard your business. Some advantages are:
- Exclusivity: It gives you legitimate ownership of your brand name, logo, or tagline.
- Legal Protection: the trademark gives a legal basis to sue for infringement.
- Brand Value: A registered trademark assists in the development of a reputation and creates trust with customers.
- Asset Creation: our trademark then turns into an intangible asset that can be licensed, sold, or franchised.
Conclusion
In conclusion, choosing Shah IP for Trademark Registration in India ensures a smooth and reliable process to protect your brand. With our expertise and commitment to making the process simple, we help to secure your brand’s identity and provide legal protection against misuse. Your brand deserves the best, and Shah IP is here to deliver it.
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