June 19, 2024/
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As per the Delhi Municipal Corporation (Amendment) Act, 2003.. the properties falling under the Municipal Corporation of Delhi’s jurisdiction are liable…
Trademark Registration
Are you a business owner looking to protect your brand identity? Look no further! Miraculous Taxes offers top-tier trademark registration services tailored to meet your needs. But first, let’s understand what trademark registration is and why it’s essential for your business.
Trademark registration is the legal process of securing exclusive rights to use a particular sign, symbol, or design to identify your products or services. By registering your trademark, you gain legal protection against unauthorized use by competitors, safeguarding your brand’s reputation and value.
Documents needed for Trademark Registration
Before preparation of the documents, it’s important to get an authorization letter that is appropriately signed by you because it enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents which are required, to apply online. Soon, you will receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you are required to provide are as follows:
- Proof of Applicant.
- PAN Card and Address Proof of Applicant.
- Certificate of registration (other than an Individual applicant).
- Brand Name & Logo.
- User Affidavit.
- Proof of TM Use.
- MSME / Start-up Recognition.
- Signed Form TM – 48.
What can be Registered as a Trademark?
Name
A name including the personal or surname of the applicant or the signature of the person e.g., the name Dhirubhai Ambani can be trademarked.
Word
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Numbers
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Images
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound
Sound marks in audio format. For example, the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Validity of a Registered Trademark
Once a trademark application is registered in the TradeMark office or online, the candidate can begin applying the TM symbol on products or services, and if the trademark is registered, then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
Steps In Trademark Application
Step 1:
Trademark search
(1 Day)
Miraculous Taxes checks trademark availability or checks brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark.
Step 2:
Create trademark application
(1 Day)
Once we ensure that your chosen name or design is available & exclusive, we will send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers the authority to file a trademark application on your behalf.
Step 3:
Trademark application submission
(1 Day)
Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4:
Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademark office. The government can also raise an objection on if your name is similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademark journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5:
Hearing before Registrar
If the object has been filed on your trademark and the opposition doesn’t agree with your response, then a hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
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