Trademark Registration
Trademark Registration Consultant
Protect your brand identity with our comprehensive trademark services at Lawprotectors, Best trademark registration consultant in Pune. We assist you in every step, from trademark search and application to registration and enforcement. Our expert team ensures your brand’s unique elements are legally safeguarded, preventing unauthorized use and providing you with exclusive rights. With our dedicated support, navigate the complexities of trademark law effortlessly and secure your brand’s future with confidence. Trust Lawprotectors, to defend what defines you.
Our trademark Registration Service extend beyond registration, offering continuous monitoring to protect against potential infringements. We provide strategic advice on trademark portfolio management, helping you leverage your intellectual property for business growth. Whether you’re a startup or an established business, our tailored solutions ensure your brand remains distinctive and legally protected. Partner with Lawprotectors to uphold the integrity and value of your brand in the marketplace.
Benefits of Trademark Registration
- It advertises the goods/services.
- Protects hard earned goodwill in the business.
- Confers upon the owner the exclusive right to use the brand.
- Gives your products a status of “Branded Goods”
- It creates an image for the goods/services.
- Power to assign (Transfer) the Trademark to other for consideration.
- To Obtain legal relief in respect of infringement (Misuse by other) of the Trademark.
- It identifies the goods/ services and its origin. The brand itself is seal of authenticity.
- Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from casing on our long built goodwill.
Process of Trademark
Types Of Trademark
Word mark
Typically, a trademark is filed under a wordmark or a device mark. In a wordmark, only a word or text is used to denote a trademark, without any stylization or additional artistic elements. This type of registration gives the broadest legal protection to a trademark because it allows the owner to use such a wordmark in all styles, forms and representations. A few examples of registered word marks are NIKE,APPLE.
Device mark
A device mark usually has an artistic element such as symbols, or an artistic or pictorial depiction in addition to the element of the wordmark. It generally comprises a wordmark along with multiple artistic elements. Such elements present in a device mark can be a combination of trademarkable and non- trademarkable features. Such a type of mark grants protection over the composite mark which is being registered but not the individual elements. Interestingly, a device mark when registered in colour is limited in protection to the colour combination in which it gets registered. However, a registered device mark that is black and white in colour gives broader protection wherein the owner can claim protection for colours for such a device registration.
Certification trademarks
These marks are typically used by the owner in order to certify the origin, material, quality, mode of manufacture or performance of services and other characteristics of goods or services to which they are applied. Some examples of certified marks include the ISI Mark which is issued by the Bureau of Indian Standards (BIS), AGMARK which is issued by the Director of Marketing and Inspection of the Government of India.
Collective trademarks
This trademark is different from the ones we have studied above. This type of mark is typically used by an organisation or association of members in order to distinguish the goods or services of the members from those who are non-members. A very common example of this type of trademark is the CA mark which can only be used by registered members of the Institute of Chartered Accountants.
Colour trademark
Since the definition of a trademark under the Trademark Act, 1999 includes the words ‘combination of colours’ they are protected as a trademark. However, such a combination of colours to get registered as a colour mark must be unique, distinctive and must identify the product and its source. A simple combination of red and yellow to indicate orange will not be considered distinctive. The colour to get registered under this type of trademark must be extremely distinct and must be recognisable by its consumers.
Sound trademarks
Graphical representation is an essential element in trademark registration and this applies to sound marks as well. To register a sound under the trademark, it must be in such a form that it is distinctive and identifiable by the consumer.
Associated Mark
Associated Trademarks refer to those marks which are owned by the same proprietor in respect of identical or similar goods and services, which would otherwise be likely to deceive or cause confusion if used by a person other than the proprietor. These marks are entered on the register as associated with the earlier registered trademarks in order to prevent the existence of multiple rights in the market. For example, ‘ADDIDAS’ originally registered its mark when it began its operations whereas it has now come up with other marks such as “the three-stripe logo”, etc. which are its Associated marks.
Shape Mark
Shape Mark is exclusively used to protect the shape of the product so that the customers find it relatable to a certain manufacturer and prefer to buy the product. The shape of a particular product can be registered once it is recognized to have a noteworthy shape. For example, the Coca-Cola bottle or Toblerone, is a shape mark which have a distinctive shape identifiable with the brand.
Scope Of Work Involved For Trademark Registration
FAQ’s
A trademark, or “mark,” is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or combination of these, adopted and used by a company to identify its products or services, and distinguish them from products and services made, sold, or provided by others The primary purpose of marks is to prevent consumers from becoming confused about the source or origin of a product or service. Marks help consumers quewer the questions: “Who makes this product?” and, “Who provides this service?”
A COLLECTIVE MARK is a trademark or service mark used, or intended to be used by the members of an association, or other collective group or organization, including a mark which indicates membership in an association, or other organization
It identifies the goods / or services and its origin. It guarantees its unchanged quality. It advertises the goods/services. It creates an image for the goods/ services.
- It advertises the goods/services.
- Protects hard earned goodwill in the business.
- Confers upon the owner the exclusive right to use the brand.
- Gives your products a status of “Branded Goods”
- It creates an image for the goods/services.
- Power to assign (Transfer) the Trademark to other for consideration.
- To Obtain legal relief in respect of infringement (Misuse by other) of the Trademark.
- It identifies the goods/ services and its origin. The brand itself is seal of authenticity.
- Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from casing on our long built goodwill.
Word mark, Device mark, Certification trademarks, Collective trademarks, Colour trademark, Sound trademarks, Associated Mark, Shape Mark.
Search before you register a trademark. If you would like to register a trademark that is similar or identical to one that is already registered, your mark may infringe on the prior one. The owner of the prior trademark could demand the cancellation of your trademark and may ask for financial compensation. SO its advisable that to do the Search to ascertain whether particular trademark or identical trademark has been filed by someone else or not. Select your goods and service classes carefully. A trademark is always protected only for certain classes of goods and services. When you register, you must indicate the goods and services for which you would like to register and use your trademark. If you don’t use your trademark for the products (or services) you claimed within five years of registration, you can lose your trademark protection. Consult a trademark attorney. We would be glad to quewer your questions about the registration procedure, & we would like to represent your trademark in registry on behalf of you.
If it is a word it should be easy to speak, spell and remember. The best trade marks are invented words or coined words. Avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.