Trademark

It is commonly used when a trademark is under process for registration. However, there is no provision to use TM under the law of the Trademarks Act, 1999.
It is used when a trademark is registered

What is a trademark?
A trademark is a mark that can be a name or logo that represents a product or service. A trademark is an easy way to recognize goods/ services manufactured by a company/ concern/ firm. Now the question arises, how many types of trademarks are there?
Well, there are different categories of trademarks:

  • Word mark,
  • Device mark,
  • Color mark,
  • The Shape of Goods,
  • Sound Mark,
  • Three Dimensional trademarks. In order to stand different in the market, it is suggested to opt for Fanciful or arbitrary marks as these are the strongest marks and can be very well protected under the law of trademarks.

Why trademark registration is required?
Any mark or logo distinguishes one’s goods and services from that of the others and therefore if any person is trying to sell goods by copying a mark or logo and gaining illegitimate benefits is liable to be prosecuted under Trademarks Act, 1999. The Protection of the brand has become very important in the present era of digitalization

Renewal of Trademark:-
The trade marks once registered needs to be renewed for a further period of 10 years by paying renewal fees. Non-payment of Renewal fees amounts to removal of trademark from the Register of Trade Marks Department.
Documents required for registration:-

Individuals & Sole Proprietorship

  • Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
  • Signed authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
  • Identity Proof of the individual or Proprietor.
  • Address Proof of the individual or Proprietor.

Partnership / LLP / Company

In the case of a partnership firm or LLP or company, the entrepreneur would have to submit the following:

  • Copy of Logo (Optional)
  • Udyog Aadhar Registration Certificate. (if any to claim benefit in Government fees).
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.
  • Memorandum of Association & Article of Association of the company.
  • Entry of abstract from Registrar of Firm (if available).