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Trademark Registration

Trademark helps in identifying a product belonging to a particular company. It shows the company’s ownership of the product or brand. It can refer to a symbol, word, phrase, name or logo that is used to differentiate an individual’s services from another.

Importance of registering a trademark

Even though it is not mandatory to register a trademark to use it. Trademark registration adds value to your business. The reputation and goodwill of the business can be damaged if other companies misrepresent their services and goods as yours. This can happen by adopting a brand that is identical to your business. Some important benefits of trademark registration are-

  • As a trademark owner, you can prevent other brands from using identical or similar marks without your permission once your trademark has been registered.
  • The people who buy your product will have a rightful perception of the authentic quality and ownership of your brand.
  • It will prevent others from using or copying a trademark that has been registered by an owner. The registered trademark owners can collect damages or file a lawsuit against other organizations that violate the trademark.
  • It gives the registered owner of the trademark to use of the symbol.
  • It is less likely for any other party to claim that your trademark infringes upon theirs.
  • Since many trademark companies refuse to register trademarks that are identical to other companies. The chances of your trademark being copied by other companies are very less.

A trademark that is related to services and goods are administered by Trademark’s act,1999. It is valid for up to ten years and can be renewed after the completion of ten years by paying the renewal fee.

Who are eligible to apply for a trademark?

Trademarks are protectors of brand slogans or names. Those are unique to any entity or a person. Therefore, they can be obtained by businesses, non-profit organizations or individuals. But different organizations and persons have different requirements for filing a trademark application. The requirements that are based on applicants are-

An individual or person

A person who is not doing any business is also eligible for a trademark application. That is for a symbol or word that is to be used by him or her in future. The full name of the applicant is required for filing a trademark as an individual.

Joint owners

Two people can also come together and file a trademark application. The names of both of the individuals should be mentioned in the application.

Proprietorship companies

For proprietorship companies, the names of all the partners should be mentioned in the application. Partnership companies are denied to be considered as separate legal entities. Therefore, the names of all the partners are to be mentioned in the application. In case of a partner is a minor then the names of the guardian representing the minor should be mentioned in the trademark application.

Limited liability partnership

For a Limited liability partnership or LLP, the company name should be used for registration for a trademark application. As LLP is an incorporated body it has its own identity. Therefore, the partners by themself cannot be the applicant. The trademark should belong to the LLP.

Other than these, an Indian company, foreign companies, and a society or a trust can also register an application for obtaining a trademark. Our company helps you in many things related to the registration of a trademark. Our team of experts shall assist you with the following-

  • We conduct preliminary searches for existing trademarks so that your application is not rejected for the repetition of an existing brand name.
  • We help you file an application for the registration of the trademark and enable exclusive rights to you, who is the owner of the trademark. In addition, we assist in the examination of your application by Trade Mark Registry (TMR).
  • Our professionals help in filing and responding to oppositions raised in the trademark registration in the trademark office (TO).
  • At AJSH we help you in the publication of your trademark in journals. Also, in handling registration issues and suggest corrections in your application if any.
  • We help in preparing a renewal letter for trademark renewal and forward it to TMR for updates on docket records.
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