Distinctive design, graphics, logo, symbols, words, or any combination thereof that uniquely identifies a firm and/or its goods or services, guarantees the item's genuineness, and gives it owner the legal rights to prevent the trademark's unauthorized use. A trademark must be (1) distinctive instead of descriptive, (2) affixed to the item sold, and (3) registered with the appropriate authority to obtain legal ownership and protection rights. BHARAT REGISTRATION. COM is the place where you will get the TRADEMARK registration within the affordable price; we are having the best TRADEMARK attorneys who will provide the TRADEMARK REGISTRATION in a professional way.
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TIME PERIOD –
The time period of a trademark is for 10 years, after 10 years you have to renew the trademark with the prescribed fees to enjoy the benefits.
2. It signifies that all goods bearing a particular trademark come from a single source.
3. It signifies that all goods bearing a particular trademark are of an equal label of quality.
4. It is act as a prime instrument in advertising and selling of the goods.
FUNCTION OF THE TRADEMARK
The functions of the trademark are 1. It identifies the goods of the one trader or distinguishes the goods of the one trader from other.2. It signifies that all goods bearing a particular trademark come from a single source.
3. It signifies that all goods bearing a particular trademark are of an equal label of quality.
4. It is act as a prime instrument in advertising and selling of the goods.
TYPE OF TRADEMARK
The type of the trademark is mention below
1. Device-
Device is a picture.
2. Brand-
These are the symbols which are branded on the goods
3. Heading –
Means of heading includes an inscription.
4. Label –
It is containing various features including device and the words usually printed on paper which can be pasted or attached on the goods themselves or their containers.
5. TICKET-
Ticket may be something tagged or pasted on the goods.
6. NAME-
It may be a name of an individual, company name, firm name.
7. SIGNATURE-
Signature means the signature of individuals.
8. WORD, LATTER, NUMERICAL
9. SHAPE OF GOODS
10. PACKAGING –
Package includes any box, case, container, covering, folder etc.
11. Combination of colour
12. Smell mark –
Some time the manufacturers are using pleasant sent to their product. It is also a technique to attract the customer. Trademark registration is the procedure to protect the rights of the manufacturer.
13. Sound mark
In this case of sound marks, some time the entrepreneur are use is some special kind of sound or musical note to advertise their product/ services like the sound of ya hooo. By the way of trademark registration the entrepreneur can protect the special sound and the special musical not which is used for the advertisement of the product/services.
14. COLLECTIVE MARK
Collective mark means a trademark distinguishing the goods and services of member of association.
15. WELL KNOWN TRADEMARK
Well-known trademark means a mark which has become so to the substantial segment of the public which uses such goods or services such services that the use of such mark in relation to the other goods and services would be likely to be taken as including a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first- mentioned goods and services.
Sec 11 (6) of the trademark act specifically lays down the various factors to be taken into account by the registrar while determining whether the applied trademark is well known trademark.
• The knowledge of the trademark in the relevant sec. of the public including knowledge in India obtained as a result of the promotion of the trademark.
• The duration, extent and geographical area of a use of that trademark.
• The duration, extent and geographical area of any promotion of the trademark, including advertising, publicity and presentation, at fairs or exhibitions of the goods or services to which a trademark applies.
• The duration , extent and geographical area of any registration of or any application for the registration of that trademark under this act to the extent they reflect the use or reorganization of the trademark
• The record of successful enforcement of the rights in that trademark, in particular, the extent to which the trademark has been recognized as a well known trademark by any court or registered under that record.
Sec 11(7) provides that the registrar shall, while determining as to whether the trademark is known or recognize in a relevant section of the public for the purpose of sub-sec (6), take in to account.
1. The number of the actual consumers of the goods and services
2. The number of persons involved in the distribution, marketing of the goods and services.
3. The business circles dealing with the goods and the services.
Sec 11(8) provides that where a trademark has been determined to be well known. In at last one relevant sec of the public in India by any court or registrar. The registrar shall consider that the trademark as a well known trademark for registration under this act.
Section 11 (9) provides that the criteria for the well known trademark
Following are the criteria for the well know trademark
1. That the trademark has been used in INDIA.
2. That the trademark has been registered.
3. That the application has been filed in the INDIA.
4. That the trademark is well known to the public at large in INDIA.
The NICE CLASSIFICATION consists of a list of classes and an alphabetical list of goods and services. There are 45 class in the nice classification, 34 classes of goods and 11 classes of services i.e. class 1 to 34 deals with the specification of goods whereas classes 35 to 45 deal with the specification of services. As per the business activities you have to select the correct trademark class, OUR professionals will help you to find out the correct trademark class as per your business activities. BHARAT REGISTRATION will help you to gate the trademark registration. BHARAT REGISTRATION providing the trademark registration within the lowest price in INDIA. BHARAT REGISTRATION providing the facility to choose the correct trademark class.
DO YOU WANT TO KNOW THE CORRECT TRADEMARK CLASS FOR YOUR BRAND NAME ?
http://euipo.europa.eu/ec2/
Before filling the trademark application it is the duty of the entrepreneur and the attorney to check the proposed brand name is already exist in the trademark or not . Here the BRARAT REGISTRATION providing the facility of TRADEMARK SEARCH with in free of cost.
STEPS OF GOVT VERIFICATION PROCESS –
Submission of application form
Vienna codification
Trademark examination
Objection
Show cause hearing
Accept and advertise
Opposition
Register
2. Logo
2. Incorporation certificate
3. MSME certificate
4. Logo
2. LLP agreement
3. MSME certificate
4. Logo
2. Incorporation certificate
3. Logo
2. Incorporation certificate
3. MSME certificate
4. Logo
Device is a picture.
2. Brand-
These are the symbols which are branded on the goods
3. Heading –
Means of heading includes an inscription.
4. Label –
It is containing various features including device and the words usually printed on paper which can be pasted or attached on the goods themselves or their containers.
5. TICKET-
Ticket may be something tagged or pasted on the goods.
6. NAME-
It may be a name of an individual, company name, firm name.
7. SIGNATURE-
Signature means the signature of individuals.
8. WORD, LATTER, NUMERICAL
9. SHAPE OF GOODS
10. PACKAGING –
Package includes any box, case, container, covering, folder etc.
11. Combination of colour
12. Smell mark –
Some time the manufacturers are using pleasant sent to their product. It is also a technique to attract the customer. Trademark registration is the procedure to protect the rights of the manufacturer.
13. Sound mark
In this case of sound marks, some time the entrepreneur are use is some special kind of sound or musical note to advertise their product/ services like the sound of ya hooo. By the way of trademark registration the entrepreneur can protect the special sound and the special musical not which is used for the advertisement of the product/services.
14. COLLECTIVE MARK
Collective mark means a trademark distinguishing the goods and services of member of association.
15. WELL KNOWN TRADEMARK
Well-known trademark means a mark which has become so to the substantial segment of the public which uses such goods or services such services that the use of such mark in relation to the other goods and services would be likely to be taken as including a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first- mentioned goods and services.
Sec 11 (6) of the trademark act specifically lays down the various factors to be taken into account by the registrar while determining whether the applied trademark is well known trademark.
• The knowledge of the trademark in the relevant sec. of the public including knowledge in India obtained as a result of the promotion of the trademark.
• The duration, extent and geographical area of a use of that trademark.
• The duration, extent and geographical area of any promotion of the trademark, including advertising, publicity and presentation, at fairs or exhibitions of the goods or services to which a trademark applies.
• The duration , extent and geographical area of any registration of or any application for the registration of that trademark under this act to the extent they reflect the use or reorganization of the trademark
• The record of successful enforcement of the rights in that trademark, in particular, the extent to which the trademark has been recognized as a well known trademark by any court or registered under that record.
Sec 11(7) provides that the registrar shall, while determining as to whether the trademark is known or recognize in a relevant section of the public for the purpose of sub-sec (6), take in to account.
1. The number of the actual consumers of the goods and services
2. The number of persons involved in the distribution, marketing of the goods and services.
3. The business circles dealing with the goods and the services.
Sec 11(8) provides that where a trademark has been determined to be well known. In at last one relevant sec of the public in India by any court or registrar. The registrar shall consider that the trademark as a well known trademark for registration under this act.
Section 11 (9) provides that the criteria for the well known trademark
Following are the criteria for the well know trademark
1. That the trademark has been used in INDIA.
2. That the trademark has been registered.
3. That the application has been filed in the INDIA.
4. That the trademark is well known to the public at large in INDIA.
A trademark may be designated by the following symbol:-
TM (For an unregistered trade mark, that is, a mark used to promote or brand goods) SM (for an unregistered service mark is, a mark used to promote or brand service) R symbol (for a registered trademark)TRADE MARK CLASSES
Sec 13 of the Trade mark Act, 1999 entails provisions regarding the calcification of goods and services and provides that the registrar shall classify goods and service in accordance to the international classification of goods and services for the purpose of registration of trademarks.The NICE CLASSIFICATION consists of a list of classes and an alphabetical list of goods and services. There are 45 class in the nice classification, 34 classes of goods and 11 classes of services i.e. class 1 to 34 deals with the specification of goods whereas classes 35 to 45 deal with the specification of services. As per the business activities you have to select the correct trademark class, OUR professionals will help you to find out the correct trademark class as per your business activities. BHARAT REGISTRATION will help you to gate the trademark registration. BHARAT REGISTRATION providing the trademark registration within the lowest price in INDIA. BHARAT REGISTRATION providing the facility to choose the correct trademark class.
DO YOU WANT TO KNOW THE CORRECT TRADEMARK CLASS FOR YOUR BRAND NAME ?
http://euipo.europa.eu/ec2/
Before filling the trademark application it is the duty of the entrepreneur and the attorney to check the proposed brand name is already exist in the trademark or not . Here the BRARAT REGISTRATION providing the facility of TRADEMARK SEARCH with in free of cost.
DO YOU WANT TO SEARH THE TRADEMARK: -
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspxPROCEDURE FOR TRADEMARK REGISTRATION –
If an entrepreneur wants to register a trademark he/ she can fill the trademark by the help of an AGENT / TRADEMARK ATTORNEY.STEPS OF GOVT VERIFICATION PROCESS –
Submission of application form
Vienna codification
Trademark examination
Objection
Show cause hearing
Accept and advertise
Opposition
Register
Trademark Registration Process Flowchart
REQUIRED DOCUMENTS –
INDIVIDUAL / PROPRIETORSHIP FIRM
1. Form 48 ( power of attorney)2. Logo
FOR COMPANY –
1. Form 482. Incorporation certificate
3. MSME certificate
4. Logo
FOR LLP ( limited liability partnership firm)
1. Form 482. LLP agreement
3. MSME certificate
4. Logo
FOR PUBLIC TIMITED COMPANY
1. Form 482. Incorporation certificate
3. Logo
FOR TRUST/ NGO
1. Form 482. Incorporation certificate
3. MSME certificate
4. Logo
MINIMUM 8 MONTHS REQUIRED TO THE COMPLITION OF THE ENTIRE REGISTRATION PROCESS.
HOW MANEY KINDS OF TRADEMARK APPLICATION YOU CAN FILL -
There are various kid of application you can fill for the trademark registration . here we are discussing about the various kind of trademark application.
1. An individual/ proprietor ship firm can apply for the trademark in his/her name we have already mention the required documents and about the process previously.
2. An entity (any company, partnership firm, ngo etc) can apply for the trademark registration. We have already mentioned the required information and the required documents list previously.
3. Collective mark filling – this is applicable only for the association. In this case if an association wants to apply the trademark registration for the goods and services then through this process they can apply for the trademark registration. BHARAT REGISTRATION can help you for the filling of the collective mark.
4. Multiple application classes under one application –
Trademark registration is a process to protect the brand name, the first step of the trademark registration is to fill the trademark registration application in the concerned trademark registry. At the time of filling we normally fill one trademark CLASS under one application but if an entrepreneur want to apply multiple classes under one application, the facility is also available we can fill multiple classes under one application. In this case the applicant has to pay the prescribed government fees for each class. The benefit of this kind of filling is you can check the trademark status of multiple classes under one application. And all the class should be registered in the same date under one application no and one registration no is applicable for the all classes. BHARAT REGISTRATION can help you for the filling of the MULTIPLE TRADEMARK CLASS under one application.
5. Jointly owned trademark –
The act does not authorize the registration of two or more person as joint proprietors who use a trademark independently or purpose so to use it. However , where the relations between two or more persons interested in a trademark are such that no one them is entitled as between himself and the others to use it except- On behalf of both or all of them or in relation to an article or services with which both or all of them are connected in the course of trade , then both person may be registered as joint proprietors of the trademark. The act shall have effect in relation to any rights to the use of the trademark vested in those persons as if those rights had been vested in a single person. BHARAT REGISTRATION can help you for the filling of the JOINT OWNER TRADEMARK application.
2. An entity (any company, partnership firm, ngo etc) can apply for the trademark registration. We have already mentioned the required information and the required documents list previously.
3. Collective mark filling – this is applicable only for the association. In this case if an association wants to apply the trademark registration for the goods and services then through this process they can apply for the trademark registration. BHARAT REGISTRATION can help you for the filling of the collective mark.
4. Multiple application classes under one application –
Trademark registration is a process to protect the brand name, the first step of the trademark registration is to fill the trademark registration application in the concerned trademark registry. At the time of filling we normally fill one trademark CLASS under one application but if an entrepreneur want to apply multiple classes under one application, the facility is also available we can fill multiple classes under one application. In this case the applicant has to pay the prescribed government fees for each class. The benefit of this kind of filling is you can check the trademark status of multiple classes under one application. And all the class should be registered in the same date under one application no and one registration no is applicable for the all classes. BHARAT REGISTRATION can help you for the filling of the MULTIPLE TRADEMARK CLASS under one application.
5. Jointly owned trademark –
The act does not authorize the registration of two or more person as joint proprietors who use a trademark independently or purpose so to use it. However , where the relations between two or more persons interested in a trademark are such that no one them is entitled as between himself and the others to use it except- On behalf of both or all of them or in relation to an article or services with which both or all of them are connected in the course of trade , then both person may be registered as joint proprietors of the trademark. The act shall have effect in relation to any rights to the use of the trademark vested in those persons as if those rights had been vested in a single person. BHARAT REGISTRATION can help you for the filling of the JOINT OWNER TRADEMARK application.
Our Best Plans
( only for individual/proprietorship firm)
(Including GST).
( only for partnership, LLP, Private limited, OPC, NGO,TRUST)
We are providing :
• TRADEMARK registration
• MSME registration certificate
(Including GST)
(only for public limited company and large scale industry)
...