In simple words, trademark registration in Bangalore Karnataka is one of the ways or a tool for protecting business innovations, reputations, business interests, etc for those businesses who is having their place of business in Bangalore Karnataka. Brand equity is one of the largest sources of value in large corporations i.e things that are not real estate, which are not equipment, not on the balance sheet, basically the intangibles. These includes three main types of intangibles and these are namely, copyright, patent and brand or trademarks. It is a physical mark that is put on a product used in trade and generally involves identities and logos.
Trademark registration in Bangalore Karnataka is very popular among large corporations mainly due to its monetary benefits and high value. For many companies the value of their brand exceeds the value of their copyrights or their patents and often the both combined. Trademark means huge money to big companies and this is the reason why it matters a lot. Through trademarks, the logos, names, reputation, brand and identities are protected.
For example, Apple, One of the most valuable things Apple has is it reputation as a brand and this makes it one of the most profitable corporations in the entire world. The sign of a large company is when its value of trademarks exceeds their value of copyrights. Therefore, we can say that the most valuable asset in a business is trademark and more so for the large companies. For large businesses trademark matters a lot. It protects their brand, their identity and creates more value for large companies than all of the physical assets they own.
COMPONENTS OF TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
There are four essential components or essential elements of any trademark application bangalore Karnataka. These are, the trademark owner, the trademark itself, goods and services and dates. The first one is straightforward, a registered trademark must be owned by an entity, a partnership, or an individual. The public and the trademarks office needs to know who owns it. If during the trademark registration in Bangalore Karnataka process, the trademark changes hands the pending trademark application can always be assigned to a new owner.
The second element is the trademark itself. A trademark application may only cover one single trademark and in case of several trademarks each will require a separate trademark application Bangalore Karnataka. While, there is often a temptation to combine several trademarks into one trademark application to cut the cost of online trademark registration in Bangalore Karnataka. It’s never a good idea especially when combined trademarks used separately. Therefore, a logo and a tagline will require different trademark application Bangalore Karnataka.
The third is goods or services, it is the most counterintuitive. Despite the popular belief, trademarks don’t give their owners a monopoly over the name or the logo itself, they only give a monopoly over their association with specific products and services for which their logo and name is used. That is why the trademark applicant is required to specify the goods or services in which they are going to provide and are going to use the trademark. The trademark office is very pedantic in drafting the list of these products and services. If an examiner believes that a term in that list is not specific enough then the trademark application will not be approved.
The fourth and final component is the dates of first use. If the trademark is already in use at the time when the application of trademark is filed. It is important to specify the earliest date that can be proved with evidence that the trademark was being used.
Earlier the trademarking processes used to be full of frustrations and complications for business owners until the trademark factory was launched with its unique triple peace of mind guarantee. “We guarantee you will know your budget to a penny before you spend a dime”, this has reduced the burden from the owners considerably as they would get their money back if their trademark is not registered. This has been followed by a lot of countries.
ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
In Bangalore Karnataka there was no special law governing this area before 1940. The Trade Marks Registry in Bangalore Karnataka was established in 1940 and presently is administered by the Trade Marks Act, 1999 and the rules thereunder. The objective of the Trade mark Act, 1999 is to register trademarks applied for in the country and to provide for a better protection of trademarks for goods and services and also to prevent fraudulent use of the mark. A Trademark is generally registered for a time period of ten years but is renewable according to the rules of the said act after the payment of required sum of money that is prescribed.
The Karnataka trademark law defines the trademark as signature, device, word, invented word, letter, numeral, brand, name written in a particular style, the shape of goods other than those for which the mark is intended to be used, or any combination thereof or the combination of colors etcetera. In certain cases, the trademark may also signified by the name of living or dead person. It is necessary to renew a Trademark Registration in Bangalore Karnataka by filling a trademark application Bangalore Karnataka for the same within 6 months from the date of expiry.
The trademarks grants rights to the owner which in turns take or can commence legal proceedings in the case of infringement of trademark. However, the registration of it is not compulsory.
DIFFERENT TYPES OF TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
The different types of Trademark registration in Bangalore Karnataka are as follows:
- Product Mark – It is used on goods as well as on products and not used on services. This type of trademark is used to recognize where the product originally came from and helps in maintaining the reputation of business. Trademark application Bangalore Karnataka filed under trademark class 1 to 34 could be termed as product mark, as they represent goods. This type of mark can also be registered as trademark registration in Bangalore Karnataka.
- Service Mark – It is similar to goods mark but represents services and not goods or product. Its purpose is that it distinguishes its proprietors from the owners of other services. Trademark application Bangalore Karnataka filed under the class 34 to 45 could be termed as a service mark, as they represent services. This type of mark can also be registered as trademark registration in Bangalore Karnataka.
- Collective Mark – It is used to inform the public about certain distinguished features of a product or services used to represent a collective. This Trademark registration in Bangalore Karnataka can be used by a group of individuals so that they can collectively protect their goods or services. The mark holder of Collective Mark can be a public institution as well as a company under Section 8 of the said act. In a Collective Mark, generally, the standards of the products are fixed by the regulating body owing the mark. Others who are associated with the collective are held responsible to abide with certain standards while using the mark in the course of their business. A very commonly known collective mark in Bangalore Karnataka is the Chartered Accountant designation. This type of mark is also registrable as trademark registration in Bangalore Karnataka.
- Certification Mark – It is that sign that denotes a products origin, material, quality or other specific details which are issued by the proprietor. It is mainly to bring out the standard of the product and guarantee the product to the customers. Certification Mark can also be used to uplift the products’ standard amongst the customers by showing that the product had undergone standard tests to ensure quality. It is usually seen on Packed foods, toys and electronics. This type of mark is also registrable as trademark registration in Bangalore Karnataka.
- Shape Mark – It is exclusively used to protect the unique shape of any products that customers find it relatable to a certain manufacturer and that particular shape is unique to that particular manufacturer. The preference of the customers is also ensured that way and in order to avoid confusion in the minds of layman. Therefore, the shape of a particular product can be registered once it is recognized to have a noteworthy shape. There are several examples of noteworthy shapes that have been registered i.e the bottle shape of Coca-Cola or Fanta and for that matter Bisleri, these shapes are identifiable with the manufacturers and it is enough for the customers to see the shape and recognize the manufacturer of the product. This type of mark is also registrable as trademark registration in Bangalore Karnataka.
- Pattern Mark – Pattern Marks are mainly the patterns or say, specific patterns that come out as the most distinguished feature of the product. This type of trade mark is can be found as very difficult to get registered as there are numerous patterns and the idea of registering one pattern under the said act can be very vague. Therefore, there are strict rules to register a pattern and the manufacturer or the company or individual or organization can only register the Pattern Trademark only when it is proved to be unique in all ways. This type of mark can also be registered as trademark registration in Bangalore Karnataka.
- Sound Mark – Any sound or tune associated with a particular kind of manufacturer, goods or services or originating from a certain supplier. To be able to register the sound mark, when heard then people should be able to identify easily the services or product or whatever that particular sound represents. Sound Logos are called audio mnemonic and most likely appear at the beginning or end of a commercial. The example of sound mark in India can be that of IPL (Indian Premier League). This type of mark can also be registered as online trademark registration in Bangalore Karnataka.
PROCESS OF ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
Step 1 – Before starting with the TM registration process the manufacturer, entrepreneur or TM professional must conduct a TM search of the trademark database. It will provide the one going to register with all the informations about identical or similar trademark if any exists or has been filed with the trademark registry. This search can be conducted on the Trademark Registrar Website.
The second step towards the online Trademark registration in Bangalore Karnataka is the online trademark filing in Karnataka.
Step 2 – Once the search is done the applicant willing to register his or her trademark can file a Trademark application Bangalore Karnataka for online trademark registration in Bangalore Karnataka. It must be filed in the prescribed manner and must be filed along with the fees for trademark registration in Bangalore Karnataka. Trademark application Bangalore Karnataka can be filed at one of the five Trademark Registrar Office having jurisdiction over the state or can also be done online.
The following are necessary information for the filing of the trademark application Bangalore Karnataka i.e logo or the trademark, name and address of the trademark owner, classification or trademark class, trademark used since date, description of the goods or services.
Step 3 – The Vienna Codification Agreement 1973, is an international classification of the figurative elements of the marks. Once the filing of the trademark application Karnataka is done the Trademark Registrar will apply Vienna Classification to the trademark based on figurative elements of marks. While this work is in progress, the application status says as “sent for Vienna Codification.”
Step 4 – Once the above step is done the trademark application Bangalore Karnataka will be allotted to Trade Mark Officer in the Trade Mark registrar Office. It’s the reviewed for further correctness and an examination report is issued. The officer in charge of this has the right to allow or object to the publication of it to the journal of trademark and approve or deny the trademark registration in Bangalore Karnataka. If rejected or objected, the applicant has the right to appear before the Trademark Officer and address the objections. If the officer is satisfied then it will be allowed and if not the applicant has the right to appeal against the decision before the Intellectual Property Appellate Board.
Step 5 – After the online trademark registration in Bangalore Karnataka, the trademark application Bangalore Karnataka is accepted it is published in the Trademark Journal. It is a weekly journal and contains all the Trademarks accepted the by the Trademark Registrar. Once published, it can be objected by the public if there is any damage involved to anyone. If there are no objections to it within 90 days of it being published, the mark is usually registered within 12 weeks of time. If the trademark registration in Bangalore Karnataka is opposed by any third party, there will be a hearing with the Trademark Hearing Officer. And, based on this hearing and the evidence provided it is on the Trademark Hearing Officer to determine the acceptance or rejection of the said application. This decision if against the applicant can be challenged before the Intellectual Property Appellate Board.
Step 6 – After crossing all the stages when the applicant states this stage, a trademark registration in Bangalore Karnataka certificate is issued and sent to the applicant. Once the certificate is issued, the trademark is considered to be a registered trademark of the owner which grants exclusive right to the owner to make use of his trademark. The R symbol can now be placed next to the logo/ the trademark.
MAJOR REASONS FOR ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
- The form is easily available on the website of the Trademark Registrar and can be filled at home or any place comfortable. It has a lifespan of ten years and it can be renewed easily. It is a cheap available option. There is no kind of fees to be paid during these ten years.
- It makes the hiring easier. As to a customer a company is recognized only through the goods and services that he offers and hence it also creates employment opportunities. It is quick. There is no need to wait and more time in talking and pleasing the officials.
- Sale of Trademark registration in Bangalore Karnataka, an online registered trademark is an asset and can be sold, purchased, resold and repurchased. This is another way to earn more and more profit.
- Once registered online, it can be used for a really long period and it is secured and does not attract any kind of litigation expenses.
- Payment can also be done easily from the respective debit card or through online banking.
- It is also very transparent and prevents cybersquatting. Cybersquatting is a measure where people register well- known brand names as internet addresses or domain names with an aim to resell them at higher profit. It prevents the rightful owner from such fraudulent activities and gives the ownership of the domain name to the right owner. It is save the applicant from commuting charges, fees can also be paid online.
- Saves paper. In this period of environmental crisis, even one paper matters and the digitization of the said registration will help save papers and hence trees.
BENEFITS OF ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
- Easy Process – In today’s fast growing and development oriented arena it is very easy to register trademarks. It can be obtained from the comfort of our homes through a simple access to internet . Once filed, the application takes from around six months to two years based on how it is being processed. The priority is afforded for trademark applications based on date of its filing.
- Trademark Registration in Bangalore Karnataka is very Cheap in terms of its fee – The maximum that one needs to pay for Trademark registration is Rs 9500/- which includes the fees, government fees and taxes.
- The Trademark Registration in Bangalore Karnataka as an Asset – As explained above how for big companies their trade mark holds more value than their all assets combined. In this market which is so crowded with similar service providers who provide similar services and do the same work, it is important to register trademark to distinguish the services from that of others. It is a great tool for standing apart from the competitors. Just like property the value of trademark grows over time. Trademarks has become very similar to real estates these days, trademarks are bought, sold, licensed and even used as a security for obtaining bank loan.
- Trademark can be enforced against a company name. According to the Companies Act 2013, a company name cannot be similar or identical to that of a trademark. Hence, once a trademark is registered, a company cannot be registered in the same name. This provision can be used to block company names that one wishes to use in the future for their business.
- Trademark Registration in Bangalore Karnataka offers a protection against unfair competition. It is an effective tool against unfair competition. In today’s world the market place is filled people who steal ideas and counterfeit the logos or brand name and thus exploit and use brand names for their success and in the manner fool people. Under the trademarks act, remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third part. So no third party from Bangalore can infringe upon the registered trademark of the owner.
DOCUMENTS REQUIRED FOR ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
Anyone, individual, either from Karnataka or from any state of India or a foreign national has the right for trademark registration in Bangalore Karnataka and the documents required are :
- copy of the logo, preferably black and white. In case there is no logo then the trade mark application can be filed for word.
- Scanned form of all the documents required for online trademark registration in Bangalore Karnataka must be attached in the online form of the trademark application Bangalore Karnataka.
- The brand name to be applied for trademark registration in Bangalore Karnataka.
- Signed form 48 which is a authorization from the applicant to Trademark Attorney for filing the online trademark application Bangalore Karnataka on his/her behalf.
- Information sheet to be filled with basic information required for the filing of the online Trademark Application Bangalore Karnataka.
- A user affidavit, in case the name or mark to be trademarked is already being commercially used by you or your business.
- In an application for Trade Mark has already been made in other countries, a list of these countries with date is required.
- In case of International Trade mark to be trademarked, it must be already being commercially used by you or your business.
- Identity proof of the individual proprietor.
- Address proof of the individual or proprietor.
- The trademark registration in Bangalore Karnataka fees varies from small enterprises to large enterprises. It is important for the small enterprises that the applicant must provide with Udyog Aadhar registration certificate and incorporation Certificate of Partnership deed is also necessary.
- Address proof of the signatory who needs trademark registration in Bangalore Karnataka.
ADVANTAGES OF GETTING A TRADEMARK REGISTRATION IN BANGALORE KARNATAKA CERTIFICATE
- The owner of Trademark Registration in Bangalore Karnataka enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark which is registered under online Trademark Registration in Bangalore Karnataka and can stop other from the unauthorized use of the Trademark under the same class where it is registered. The owner gets the right to sue the unauthorized owner for the use of his trademark.
- The established quality of product and services are known by everyone through the trademark which has been registered under online Trademark Registration in Bangalore Karnataka and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand. The biggest example in today’s world can be taken of Apple. The one thing that customers will remember is the ‘Brand’ and hence it is the core value of a company which helps them to differentiate one company from other. A strong brand allows the customers to feel confident in their purchase and willing to pay higher prices for the products or services.
- It make it easy for the customers to find the products for which trademark registration in Bangalore Karnataka has been done. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo which has been registered under online logo registration in Bangalore Karnataka can communicate the vision, quality or unique characteristic of the company and any organization.
- It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name which is registered under online brand registration in Bangalore Karnataka and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
- Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organization. Trademark registration in Bangalore Karnataka creates a right which can be sold, assigned, franchised or commercially contracted. Also, the Trademark which is registered under Trademark Registration in Bangalore Karnataka is an intangible asset which gives the advantage to the organization situated in Bangalore Karnataka.
- Once the trademark registration in Bangalore Karnataka is done, you can use the ® symbol on the logo, in case the logo is registered under online logo registration in Bangalore Karnataka stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else i.e a third party uses the trademark then he or she can be sued the if the trademark is registered. It is basically a trademark registration in Bangalore Karnataka.
- No competitor or other person can use the word mark or logo registered by the owner or even brand name if that one is also registered under online brand registration Bangalore Karnataka as their own trademark. However, if in any case one uses it without the approval of the owner of trademark who has done trademark registration in Bangalore Karnataka or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.
- Online Trademark registration in Bangalore Karnataka is done on a very low maintainability cost. Once registered the trademark, the cost is the maintenance cost and renewal cost which is after ten years of registering the trademark. It is cost efficient and helps the company create an unique image.
- If one wants trademark registration in Bangalore Karnataka or in cities/state other than Bangalore/Karnataka, the trademark registered in Bangalore Karnataka can be used as basis of registration there. For any person willing to expand outside Bangalore Karnataka, the trademark registered in Bangalore Karnataka can provide a good base along with the Established Goodwill in the state.
- Young minds aspire to join big Brands as it acts as a magnate; if they have done online brand registration in Bangalore Karnataka then it becomes easy for them to popularise their brand. It inspires the positive image of the organization and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.
FREQUENTLY ASKED QUESTIONS RELATED TO ONLINE TRADEMARK REGISTRATION IN BANGALORE KARNATAKA
Who can apply for a trademark registration in Bangalore Karnataka and how ?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for trademark registration in Bangalore Karnataka. The trademark application Bangalore Karnataka should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The trademark application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the trademark registration in Bangalore Karnataka official website.
Who benefits from a trademark registration in Bangalore Karnataka ?
The Registered Proprietor of a trademark can create establish and protect the his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels if the proprietor has done online trademark registration in Bangalore Karnataka.
The Government earns revenue as a fee for online logo registration in Bangalore Karnataka or other kinds of trademarks and protection of trademark registration in Bangalore Karnataka.
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
Can any correction be made in the trademark application Bangalore Karnataka or trademark register ?
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation related to trademark registration in Bangalore Karnataka.
Can a registered trademark be removed from the register ?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a trademark which has done trademark registration in Bangalore Karnataka.
What does the Register of trademark contain ?
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
What are the formalities and government fees for major trademark transactions ?
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-A. Fees vary with the nature of applicant i.e. (Rs.4500 – 10000/-)
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (Form TM-O). Fees: Rs. 2,700/- for e-filing and Rs 3,000/- for physical filing for each class covered
- For Renewal of a Regd. trademark (Form TM-R ). Fees: Rs.9,000/- to RS 10,000/-
- Surcharge for belated renewal (Form TM-R).Fees: Renewal fee + Surcharge
- Restoration of removed mark (Form TM-R) Fees: Renewal fee + Surcharge
- Application for rectification of a registered trademark (Form TM-O) Fees: Rs. 2,700 – 3,000/-
- Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
- Copyright search request and issuance of certificate (Form TM-C) Fees: Rs. 9,000 – 10,000/-.
What are different types of trademarks that requires online Trademark Registration in Bangalore Karnataka ?
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Who can apply for a trademark registration in Bangalore Karnataka and how ?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The trademark application Bangalore Karnataka should be in English or Hindi. It should be filed at the appropriate office.< /p>
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the trademark registration in Bangalore Karnataka official website.
What is the function of a trademark ?
Under modern business condition a trademark performs four functions
- 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.
How to select a good trademark which can be availed easily while applying for Trademark Registration in Bangalore Karnataka ?
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. 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.)
WHY TO CHOOSE ATTORNEYS FOR TRADEMARK REGISTRATION IN BANGALORE KARNATAKA ?
A good trademark attorney is very important because he or she would be the concerned person who would be authorized for filing the trademark application Bangalore Karnataka. A good trademark attorney must have the required knowledge and must be well versed with IP laws. It is to the Trademark Attorney that all the future government notifications are sent on behalf of the owner. Trademark registration in Bangalore Karnataka offers a wide range of IP services and registration of trademark being one of them. The sign of a good TM attorney is that he/ she must be able to do proper due diligence of the proposed brand as in Bangalore Karnataka every year thousands of brands apply every year.
If an when objections are raised to the trademark it is the trademark attorney who deals with it and has to represent the case in front of the Trademark Hearing Officer. While doing trademark registration in Bangalore Karnataka, their Trademark Attorneys should avoid Objections from its very inception but even in case it arises they should form a well researched replies and customize according to the demands and objections of the Registrar of Trademark.
Hence, website of trademark registration in Bangalore Karnataka offers a wide range of services and it is very easy for he consumers to avail them sitting at home. They have separate FAQs section to help the applicant at every stage. The process of online trademark application Bangalore Karnataka is a bit cumbersome and takes a lot of time to finish. So, it is advisable to contact an attorney.
Trademark registration in Bangalore Karnataka offers different tools and trademark checkers that make the registration very simple and seamless. They also believe in customer redressal mechanism. Afterwards, with the help of very experienced and well versed advocates, the advocate who know their case well, it becomes even more easy or the customers, owners, company or individual proprietors to file the trademark application Bangalore Karnataka. As law is very difficult for a layman to understand and thus the need of lawyers, advocates, attorneys arise. The website of online trademark registration in Bangalore Karnataka is handy and can be operated easily. All the necessary informations related Trademark have already been mentioned on their website and has been explained in a simple language. Therefore, it is a good choice to get your trademark registered and protect your business interests in the market.