Apply for Trademark in India!
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We provide quick and affordable trademark filing services in India.
Prateek is a practicing Patent Attorney in India. He is a qualified Electronics & Communications Engineer and an Advocate registered with the Bar Council of India. He is an empaneled Patent Start-up Facilitator under the Government of India – Start-up India Intellectual Property Scheme (SIPP) and has an extensive Intellectual Property experience. He specializes in counselling on protection and management of Intellectual Property Assets.
Prateek has represented clients from sectors like Information & Technology, Electronics, Fast Moving Consumer Goods (FMCG) and recognized universities and professors/scholars from universities such as IIT and NITs.
Prateek is a regular speaker at various IP forums which are including but not limited to Cell for IPR Promotion & Management – Government of India, Madhya Pradesh Council of Science & Technology- Government of MP, various incubation centers, and Technical Universities in India. He is also an IP mentor to various Incubation centers and Technical Universities in India.
Prateek is also a member of esteemed International and National organizations such as Asian Patent Attorneys Association (APAA), International Association for the Protection of Intellectual Property (AIPPI), and Society of Automotive Engineers India and is the Chairperson of the Udyovidh Foundation. He is also an empaneled legal expert in a committee formed under Government of India’s KAPILA scheme.
Education:
B-Tech (Electronics & Communication) & Advocate
Area of Expertise: Patents, Trademark, and Industrial Design
Licenses: Patent Agent with Reg No. [IN/PA-3334], and Advocate with Reg No. [MP/1759]
Knowledge is Power and sharing knowledge is the key to unlocking the power – Martin Uzochukwu Ugwu
1. Trademark Application Filling.
2. Examination of the trademark Application.
3. Publication of the trademark Application.
4. Disposal of Trademark Application.
Getting one’s application registered by the Indian Trademark Registry is called the registration of their Trademark. One must register a trademark in order to receive trademark protection. Registering your trademark is crucial because it stops other people from using it fraudulently to impersonate you and other products. There is a defined procedure under Trademark Act, 1999 and Trademark Rules for registration of a mark.
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. Your rights to use the mark in connection with your products or services are safeguarded by trademark registration. It provides a strong defense against infringement and gives you the ability to sue anyone using your trademark without authorization. Any Individual/ Sole Proprietor, Startup, Small Enterprise, or others, can file a TM-A form for applying for registering their mark. After going throw the process of examination of your application, the mark is registered if worthy and a certificate to use ® symbol in the trademark or logo is issued.
After the class of the trademark is identified, the government fees for getting the trademark registered can be decided. The attorney fees, if appointed any for this purpose, may be in addition to government fees. The filing fee of Trademark differs depending on category of applicant. In case the application is filed an Individual / Sole Proprietor, Startup or a Small Enterprise, Filing Fee is for each class and for each mark will be Rs.4500.00 In all other Cases, the Filing Fee for each class and for each mark will be Rs.9000.00.
A registered trademark provides protection against all the legal rights in respect of that trademark to its owner. It helps differentiate product & builds trust and goodwill, gives you an exclusive right to take legal action against a party who attempts make unauthorized use of your trademark, provides protection against unfair competition, attracts human resources and enhances asset creation
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.
The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark. Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws.
The government charges ₹4,500 per class per application for trademark registration to individuals, DPIIT registered start-ups, and registered MSME filing a single mark in a single class. The government fees for trademark registration are ₹9,000 per class per application for all other entities. The registration fee for a collective mark is ₹10,000 for each application, per class.
Once your trademark application has been filed, you can make changes or corrections to it. The modifications, though, ought to be relatively small and shouldn’t significantly change the mark’s identity or the scope of the covered goods and services. Filing a new application might be necessary for significant changes.
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