A trademark is also popularly known as a brand name in layman’s language. A trademark is a visual symbol which may be a word signature, name, device, label, numerals or a combination of colours creating an identity of a product or a business. The necessary legal requirement to register a trademark under the Act is that the selected image should be capable of being represented graphically on paper. Also, it should be unique and not similar to any other mark that is already registered under the Trademark Registration Act.
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Listed below are the documents that are required for registering a Trademark
Certificate of Registration
Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services itrepresent. The trademark would be registered under those classes only in which it is applied.For each class, a separate application is filed by paying prescribed Government fee.
The Trademark Registration is valid for 10 years from the date of application and may then be renewed for a period of 10 years within 6 months of the due date after expiry of the 10 years.
Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.
The registration application filed under the Trademark Act, 1999 is verified and registered in India only and it remains valid only in India.
For Trademark registration, the fees are levied based on ‘Number of Classes Applied’ and not on the ‘Number of Applications’. If your startup is registered under MSME, the government fee of Rs. 4,500 is to be paid for application for each class. For all other cases, the Government fee of Rs. 9000 per class is to be paid
A foreign entity can file an application for registration subject to the condition that an address for communication in India must be provided with the application
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