Introduction
What is Trademark Registration?
These trademarks are registered under the Trademark Act of 1999, allowing the trademark owner to seek compensation for infringements. Registered trademarks are considered intellectual property and protect a company’s investment in its brand or symbol. It is essential to register a trademark if it is unique to the products and services offered.
Proposed trademarks that resemble or are identical to an already registered trademark cannot be approved for registration. Additionally, trademarks that are offensive, generic, unreliable, lacking uniqueness, or include specifically protected emblems are also ineligible for registration. Upon completion of the trademark registration process, the symbol ® can be used, and the registration will remain valid for 10 years.
Trademark Registrations are done through “Account Guru” in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. We offer quality trademark services like trademark filing, trademark search, trademark renewal, patent registration, etc.
Benefits
Why Obtain Trademark Registration
Exclusive Rights
The most immediate benefit of trademark registration is that it grants the owner exclusive rights to use the mark in connection with the goods or services it is registered for. This exclusivity helps to prevent other businesses from using a mark that is confusingly similar to yours within the same jurisdiction.
Business Growth
A trademark can be a foundation for building a reputable brand that customers trust. This trust can lead to expanded business opportunities, including franchising and licensing, where your brand can grow beyond its original scope while still providing revenue.
Geographical Coverage
Trademark registration typically protects a mark in the jurisdiction where it’s registered. However, if you plan on expanding your business internationally, having your trademark registered in your home country can significantly streamline obtaining protection in other countries.
Longevity
Once registered, a trademark can potentially last forever, provided you renew it at the required intervals. This enduring protection ensures that your brand identity remains secure as your business evolves over time.
Legal Protection
With a registered trademark, the owner has the legal backing to enforce their rights and protect their brand. This means you can take legal action against anyone who uses your trademark without permission, which includes counterfeiters and competitors trying to capitalize on your brand’s reputation.
Deterrence
The mere fact that a registered trademark acts as a public notice of ownership can deter other businesses from using a similar mark. This preventative measure can save a business from potential legal battles and the confusion that might arise from having similar brands in the market.
Asset Creation
Trademarks can become significant assets to a business. As your brand grows and gains recognition, the value of your trademark increases. It can be sold, licensed, or used as security in financial transactions, just like any other form of property.
Use of the ® Symbol
Registration allows using the ® symbol with your mark, signifying that it is a registered trademark. This symbol can deter potential infringers and indicates to customers and competitors that you are serious about protecting your intellectual property.
Checklists
Required Documents For Trademark Registration
Aadhar Card
In other cases, an Aadhar card, the director(s), or partner(s) is required for Udyam Aadhar Registration.
Pan Card
In other cases, a PAN card or the director(s) or partner(s) is required for Udyam Aadhar Registration.
Digital Signature
We need a Digital Signature for drafting the application
List of Goods and Services
A detailed list of goods and services is included under the trademark to categorize and protect it within the relevant industry.
Power of Attorney
Required Type Of Business like Partnership, Private Limited, OPC.
Nature Of Business
The nature of the business, like the kind of service you offer.
Time Frame
Time For Incorporate Private Limited Company
Documentation
On the first day, the promoters will gather to complete essential documentation required for the directors and shareholders.
Digital Signature
Once documentation is complete, the next step is obtaining a digital signature certificate (DSC). This process can be completed online within hours, with video verification subject to promoter availability.
Name Reservation Name (RUN)
The company must have a unique name, which needs to be reserved with the Registrar of Companies (ROC). This process can take 2-3 days. Company name registration is usually completed by day four.
Filing of Spice & Others
Once all required documents are prepared, the certificate of incorporation application is submitted to the Registrar of Companies (ROC) through the Spice Plus form. This comprehensive form includes sections like Agile Pro, e-MOA, e-AOA, and INC-9. Typically, the ROC processes this application within 2-3 days, enabling the completion of the incorporation process in under seven days.
PROCESS
Process of obtaining trademark in India
Obtaining Digital Signature & DIN
The initial step in registering a private limited company involves creating digital signatures for the directors/shareholders. Additionally, up to three new directors are assigned a Director Identification Number (DIN) during the incorporation phase.
Selecting unique Name
Select a unique and new name for your company, ensuring it adheres to name availability guidelines and does not overlap with the names of existing companies, LLPs, or registered trademarks.
Draft MOA, AOA & Others
Prepare the Memorandum of Association (MOA) and the Articles of Association (AOA) to outline legal and internal guidelines and create several declarations by the Companies Act. Accounting Guru is ready to offer assistance.
Submission of Spice+ Form
To complete the process, submit the SPICe Plus Form to the Registrar of Companies, including the Digital Signature Certificates (DSC) of the directors & shareholders, the promoter’s documents, and evidence of the registered address intended for company incorporation.
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