Are you a startup in Gurgaon trying to understand the trademark registration process? The steps might seem complicated, however with our guide you will stand out with your distinctive trademark with ease. As the top chartered accountant firms in Gurgaon, we are aware of all the steps within trademark registration and company registration in Gurgaon. Keep reading this blog to know about the steps of trademark registration in Gurgaon:
To establish your presence as a business in the marketplace, one of the most important steps is to register a trademark.
By registering your trademark, you will be officially and legally recognised as a brand, and more customers will actively seek out your company’s products and services.
The process of trademark registration may seem complicated, however it only requires a few steps. As the income tax consultant Gurgaon, we are here to guide you through the process, so that your trademark registration is completed smoothly.
Our team of consultants have thorough knowledge and guide you through processes like gst registration in gurgaon, which helps your business to seamlessly deal with all important paperwork required to establish your business. Continue reading to learn more about trade registration.
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A trade mark is an identifying symbol or mark that helps customers in recognising the brand of goods and services and differentiate between competing businesses. It is defined as the graphical representation of goods to be able to distinguish goods and services of one party from another under Section 2(1)(zb) of the Trade Marks Act, 1999.
Trademark registration is the legal process of obtaining a mark, logo, or symbol for any product or service. It helps your business to acquire exclusive trademark rights for the sale of the goods or services. This implies that your trademark will be protected by law and order, and the government will take action against any unethical businesses that attempt to use your company’s registered mark.
The following are the main advantages of trademark registration:
A registered trademark reinforces the authenticity of your brand and adds credibility to it. Additionally, it makes it easier for consumers to find the goods and services of your business and sets it apart from those of other companies.
By registering your trademark, you can gain rights to your brand's logo and obtain protection from the law in case any business unethically uses your brand name or mark to promote their products. The registration needs to take place only once and then can be renewed every 10 years.
Potential clients and competitors will recognize your brand, making it a business asset. If you are ever presented with the opportunity of businesses or foreign players wishing to acquire your company, you can sell it for a higher rate.
The trademark owner needs to submit an application for the trademark of their business. The owner may register their trademark as an individual, a business, or a limited liability partnership during the application process. All business types are applicable for trademark registration. The applicant will be formally recognized as the trademark owner upon completion of the registration procedure.
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The trademark needs to be unique and should not resemble the logo of other businesses. It will serve as a representation of your company and the goods or services you plan to offer. The Act's Sections 9, 11, 13, and 14 provide a detailed explanation of the approved marks and the grounds for rejection. Owners of businesses must understand all of the laws and guidelines pertaining to this.
Additionally, in order to register your trademark, you must select among 45 classes of goods and services. Goods belong to classes 1–34, whereas services belong to classes 35–45. For example, if your company sells clothing products, then your mark will be registered under class 25 of trademarks.
To make sure your mark is exclusive to your brand and does not resemble an existing trademark, it is crucial to perform a trademark search. You can manually search the available public database on the website of The Controller General of Patents, Designs, and Trademarks. The search needs to be conducted based on the class of your business, where you critically examine for any chances of similarities of your mark with other competitors.
DSRV India can successfully offer you legal services to help you avoid the possibility of such instances occurring and guarantee that your company won't create a trademark that would be opposed. Our team of professionals will guide you with the search and walk you through every step of the process.
The following details need to be prepared for your trademark application:
In this step, you need to submit your trade mark application online using the TM-A form or in person at the Trademark Registry, Delhi office. The Act's Section 18 discusses the application procedure. The application must be submitted for a trade mark under one of the registered classes and needs to be written to the registrar. After this, use Form TM-48 to file for the power of attorney to complete the application process.
Depending on the filing method, the Trademark Office in New Delhi or online undergoes a formal application examination. During the process of application review, the examiner confirms whether all of the information on the form is accurate and complies with the Trademark Act of 1999.
During this procedure, the registrar may request more information or even object to your application. To carry on with the registration process, you must address each objection within a given time frame.
If the application passes through the formal examination, the trademark is published in the Trademark Journal. Your trademark will move on with acceptance for the issuing of the Trademark Registration Certificate if no one objects to it within four months after the publication date.
Following the completion of all application rounds, a Certificate of Registration will be issued by the Trademark Registrar. You will then have the legal right and protection by the governing authorities to use the trademark for the goods and services offered by your company.
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Registering a trademark for your startup in Gurgaon helps you obtain many advantages in the world of business. It increases the value of your brand, makes it easy to be discovered and overall increases the likelihood of increase of trust among customers. If you have to have a unique image as a brand, then it’s important to register a unique trademark for your company.
Do you need more guidance in the registration process for your business? If yes, then contact DSRV India. Our team of professionals is here to provide you valuable assistance for all your queries.
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