Trademark Registration

A word or combination of word, Logo, Image or drawings, Color shades, Fragrance and Sound and even a design (Trade Dress).

Different types of Trademarks

Trademark (™): This symbol ™ denotes the competitor for claim as their own, but not allow to apply for same identity.TM can be used even before applying or till pending mark at the trademark offices.

Service mark (℠): Companies are selling service not product, those are identified by Service mark ℠ logo.

Registered Trademark (®): This sign ® stands for registered Trademark, officially granted by the Trademark office.Used only after approval.

• Once Trademark has granted no another company is not no other company /person is allowed to use the same identity.

• Trademark exclusively used by its owner and also owner can provide license to another party for use his Trademark in return of moneyfee. Owner also can strict to geographical area and tenure of license.

• Completion of Trademark registration If another party willing to use the same identity, Owner have the authority to claim for copycats and can be ask for imposing fine damages.

To register trademark in regional/national level one has to apply have to apply at home the trademark filing office and paying required fees, It is called “basic mark”. For international Trademark filing Owner has to apply at home Trademark filing office with WIPO gazette of International marks.

Tenure of a trademark: Usually tenure is 10 years, Owner can extend renew it by paying additional fees.

Trademark Registration Process:

• Foremost Inventor or Entrepreneur has to perform trademark search. Einfolge do trademark search to check the similar kind of trademark registered or not.Once trademark finds unique allow to proceed for next step. If not the applicantcan change their trademark or claim as their own with formal justification. Process takes time 2-3 days depending on scope of search.
• Einfolge files trademark with name and logo or which identify applicant uniqueness. Applicant allowed to TM symbol during process. Process take 2-4 days for filing .The process of grant may take average 6-9 months.
• Cost: Varies where it is filed. For India – The cost is Search -Rs 5000,Filing 7000 Official fee is 5000/10000 depending on the individual or company filings. and Additional GST applies
• Future cost of examination and hearing will come in picture if mark gets rejection and hearings.

Trademark Prosecution Process:

• Trademark Application has to filed local Trademark filing office.
• Trademark filer get an official receipt after it is issued from TMO. All the formalities will be checked by Trademark Office (TMO).
• In the period of examination examiner will checked that trademark filing is DISTINCT OR CONFUSING. If it is distinguishing to another then Trademark file will be approved or Rejected. Period of examination opposition are allow to raise objection on Trademark.
• Within 1 month objection will be review and has to justify validation of objection.
• Then Trademark office schedule hearing date for discussion. In the period of hearing examiner will decide whether integrity and validation of the objection with proper with a formal discussion, Examiner has the right to abandoned of the Trademark issue or withdrawal of the objection after examining the claim.
• After allowing to process with Trademark by the examiner,applicant will appeal to the Intellectual Property Appellate Board.
• Then, The Trademark process will go to next step and accepted by the IPA Board and allow to publish the trademark in Publication trademarks journal.
• In this stage Trademark is publicly open for review and allow for objection for Trademark issue. If yes again opposition proceeding will go through formally by the examiner.If not, Trademark will register for 10 years.The entire process will take approximately 1 year.

Learn more about our other Patents and Market research solutions or contact us today to discuss your Trademark registration requirements.