Trademark Registration Online in India
Trademark registration is the process of securing exclusive legal rights to your brand name, logo, or symbol. In India, it is governed by the Trade Marks Act, 1999, which allows you to protect and exclusively use your intellectual property in the marketplace.
The trademark application process involves filing Form TM-A with the Trademark Office and selecting the appropriate class for your goods or services. This classification ensures that your brand receives the correct legal protection. Once registered, you gain the right to use the ® symbol, signifying that your trademark is officially recognized.
At Vakilsearch, we simplify the online trademark registration process by offering expert guidance through trademark searches, addressing objections or oppositions, and managing renewals. Our experienced trademark attorneys help you secure your trademark certificate and safeguard your intellectual property, building a strong legal foundation for your brand’s identity.
What is a Trademark?
A trademark is a type of intellectual property that includes a word, phrase, symbol, design, or combination of these elements, used to identify and distinguish the goods or services of one entity from others. Under the Trade Marks Act, 1999, a trademark can also encompass the shape of goods, packaging, or color combinations, provided it can be graphically represented and is capable of differentiating one product or service from another.
Why Should You Register Trademark?
Trademark registration in India offers legal protection, helping the owner to pursue legal action against infringement and unauthorized trademark use. According to the Trademark Act of 1999, a registered trademark is valid for 10 years from the filing date. You must renew it thereafter to ensure ongoing brand protection. Here are a few other reasons to register a trademark:
- Registering your trademark with the trademark registry establishes an official public record of your ownership through publications in the trademark journal.
- It distinguishes your brand from competitors, boosting recognition.
- As registered trademarks are associated with quality, it build customer trust.
- Increases the business value, attracting investors and partners
- Protects against counterfeiting and imitation
- Allows you to license your trademark to others
- Lets you use the ® symbol, boosting brand credibility.
- Becomes a valuable, marketable business asset.
Who can apply for a Trademark Registration Online?
The person or entity listed as the applicant in the registration form will be considered a trademark owner. The following entities can apply for trademark registration online:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Partnership firms (with a maximum of ten partners)
- Limited Liability Partnerships (LLPs)
- Indian companies
- Foreign companies
- Trusts
- Societies
Documents Required for Trademark Registration :-
1. Form TM-A
2. Logo (if applicable)
3. Power of Attorney (Form-48)
4. Identity Proof like an Aadhar card, PAN card, Passport, or Driving License
5. Address Proof like a utility bill, bank statement, or voter ID
6. User Affidavit
The minimum two person start section 8 company, not need to 3 or 7 persons like as trust or society.
A Section 8 company is a non-profit organization registered under the Companies Act, 2013. Its primary purpose is to promote charitable objectives such as arts, commerce, education, charity, environmental protection, sports, science, research, social welfare, and religion. The income of such companies is not used for paying dividends to members but is solely dedicated to furthering their stated objectives.
An individual or a group of individuals can apply for the registration of a Section 8 company if their purpose or goal is to promote science, commerce, education, art, sports, research, religion, charity, social welfare, environmental preservation, or similar objectives. The government must be satisfied with the proposed objectives.
No, a Section 8 company cannot change its Memorandum or Articles of Association without the approval of the Central Government since its existence is based on the license granted by the government.
No, Section 8 companies are not required to include the terms “Limited” or “Private Limited” in their names, unlike other types of companies.
Registering as a Section 8 company can provide several benefits, such as exemptions and privileges under the Companies Act due to the charitable nature of the organization. Additionally, it can enhance the credibility and trust of the organization among stakeholders, as it demonstrates a commitment to serving the community and promoting social welfare.