- Brand name protection at an affordable cost
- Work handled by professionals
- Completely online process
- Get your Trademark application filed @ just Rs 6,000/-
A Trademark Registration in Delhi Online popularly known as brand name is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of another traders. Branding is like the soul of the business, which helps people identify or connect with your product or service instantly.
Essentially it is anything which identifies a brand to a common consumer. Trademark Registration in Delhi Online is the simplest way of getting legal protection for your brand. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name.
It is always advised to get Trademark Registration Delhi because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Also, as soon as the Trademark Registration Service, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.
LEGAL PROTECTION : You shall become the legally authorized owner of your registered brand and no body will be allowed to use a similar or identical trademark without your permission.
GEOGRAPHICAL COVERAGE : Registered Trademark gives you nation-wide protection. You further get a platform to expand overseas.
Trademark Search
TM application of individual
Status tracking
Trademark Search
TM application of individual
Status tracking
MSME Registration
Trademark Search
TM application of LLP/Company
Status trackingNote:- The above cost excludes trademark filing government fees.
EXAMINATION STAGE: Application will be examined by the examiner of trademarks. The mark is examined basically on three grounds i.e. distinctiveness, descriptiveness and similarity to the prior marks. The examination report will then be communicated to each Applicant or Agent or Attorney by quoting objections, if any, for acceptance of the application.
INQUIRY STAGE : After receipt of Examination Report, a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing. Thereafter order will be passed in the application by the registrar.
ADVERTISEMENT STAGE : If the application is found to be acceptable, then it will be advertised in the Trade Mark Journal (Official Gazette of the Trade Marks Registry ) to invite opposition, if any, from the public within the prescribed period of four months. Once the mark is advertised in trademark journal, it is open for a period of 4 months for third parties to oppose.
OPPOSITION STAGE : ( If any ) This stage will arise only in cases when an opposition is filed against the registration of a particular trademark. If there is no opposition, then the mark will be registered.
| Aspect | Copyright | Patents | Trademark | Design |
|---|---|---|---|---|
What’s Protected? | What’s Protected? Original works like books, articles, songs, photos, sculptures, choreography, recordings, movies, and more. Inventions like processes, machines, products, and improvements to them. Words, phrases, symbols, or designs that distinguish one party's goods from others Aesthetic appearance of a tangible products | Inventions like processes, machines, products, and improvements to them. | What’s Protected? Original works like books, articles, songs, photos, sculptures, choreography, recordings, movies, and more. Inventions like processes, machines, products, and improvements to them. Words, phrases, symbols, or designs that distinguish one party's goods from others Aesthetic appearance of a tangible products | What’s Protected? Original works like books, articles, songs, photos, sculptures, choreography, recordings, movies, and more. Inventions like processes, machines, products, and improvements to them. Words, phrases, symbols, or designs that distinguish one party's goods from others Aesthetic appearance of a tangible products |
Requirements | Works must be original, creative, and fixed in a tangible form or digital form on a computer. | Requirements Works must be original, creative, and fixed in a tangible form or digital form on a computer. Inventions must be new, useful, and not obvious. Marks must be unique and able to identify the source of goods and services. Designs must be new and have individual character. | Marks must be unique and able to identify the source of goods and services. | Requirements Works must be original, creative, and fixed in a tangible form or digital form on a computer. Inventions must be new, useful, and not obvious. Marks must be unique and able to identify the source of goods and services. Designs must be new and have individual character. |
Term of Protection | Lasts for the author's life plus 60 years. | Lasts for 20 years to be renewed annually | Last for 10 years and to be renewed every 10 years. | For 10 years and renewable for additional 5 years. |
Rights Granted | Control over reproducing, creating new works, distributing, and publicly displaying copyrighted works. | Rights to stop others from making, selling, or using the patented invention. | Right to use the mark and stop others from using similar marks that could cause confusion about where goods/servicescome from. | Exclusive rights to use the design and prevent others from using it without permission. |
A person who claims to be the proprietor of the trade mark in relation to goods and /or services may apply for the registration of a Trade Mark. For the purpose of making an application of Trademarks, “Person” includes:
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
Under modern business condition a trademark performs four functions
• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.
The person must be of 18 years or above and can be native to any country.
• Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office
• Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
• An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
• Letters or numerals or any combination thereof.
• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
• Devices, including fancy devices or symbols
• Monograms.
• Combination of colors or even a single color in combination with a word or device
• Shape of goods or their packaging
• Marks constituting a 3- dimensional sign.
• Sound marks when represented in conventional notation or described in words by being graphically represented.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
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