Okay, so, let me ask you this question when I say “premium phone” what is the first thing that comes to your mind? Is it that elegant Apple logo? Exactly and obviously! But why only Apple’s logo? Why not Samsung? It sells more phones than Apple. Or why not Oppo, they provide great customisation options? Because Apple has positioned its brand in the mind of customers in that manner.
Apple having just 20% of smartphone market share, takes home 80% of the profit of the smartphone industry. Not to mention that it is the most valuable company in the entire world! But imagine if Steve Jobs wouldn’t have bothered to give that Apple logo the requisite brand registration? The drift here is that having a robust brand distinguishes your company from competition and also helps you create a niche and loyal customer base for yourself.
How to Register a Trade Mark in India
Trade Mark registrations are done by the Trade Marks Registry of India. The person whose name is on the trademark application, he will be the owner of that particular trademark. It can be an individual, LLP or a company. But please take a note that trade mark registration is not mandatory but if your trade mark is registered, then you have solid evidence of its ownership and it prevents competition from stealing and capitalising on the brand you build.
Once done with choosing a trademark class for your commodity, you need to do a Mark Search, a kind of due diligence to ensure that your mark is not similar to an existing entity. This is the most difficult part and seeking professional assistance is highly recommended on this stage because if not the mark search properly, you might end up with an objection, prolonging the already lengthy process of trademark registration, adding to the cost of registration and reducing the odds of successful registration.
Once the Mark Search is out of the way, you can now file for the trademark. As per your requirements, you can file under a single class (trademark will only be registered for that particular class of product).
The Timeline and Cost of Registration
In our experience, it generally takes a minimum of 6-7 months for a Trade Mark registration certificate to arrive provided that there is no objection or opposition. Regarding the registration fees, for individuals, start-ups and small enterprises, it is INR 4,500 (online) and INR 5,000 (offline) filing. If you don’t fall under any of the mentioned categories, the registration fees will be INR 9,000 (e-filing) and INR 10,000 (offline).
One needs to be very meticulous while filing the trademark application, otherwise it may lead to delays or even rejection of the application.
What is the Validity of a Trade Mark
The validity of trademark registration is of 10 years and after its expiry, it needs to be renewed within one year prior to the expiry, failing to do so, the trademark will be removed. Though, even if a trademark is removed, it can be reinstated via the process of Restoration of Trademark.
Our partners have 5+ years of experience in dealing with issues pertaining to intellectual property and we have worked with top-notch clients such as Maple, North Constructions, Chocodolce, M Realty, Paperboat Apps, VSV wins groups, Numiv Research and many more and we provide our customers with tailor-made, comprehensive and cohesive solutions.
Further, we also provide accounting/ taxation/ financial/ legal services, offering amazing value for money if we form long term relations on retainership, which saves you on the business bandwidth of outsourcing to multiple service providers and salvages the cost of changing service providers when the business grows.
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We offer Brand registration, along with a range of other services to take full accountability as the virtual CFO to your business.
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