Nowadays they’re are many fake companies that sell fake products and many people also buy these fake products because they are not able to differentiate between real and fake. The Trademark Law was implemented to avoid hunting for fake products from the same fake company.

So let’s know in Trademark Definition Detail.

What is a trademark – Trademark Meaning

Are you also looking to open a company with a product? If yes, for this you will have to get you’re product and brand trademarked.

Before getting a trademark registration, you should know what a trademark is because very few people know about what a trademark is.

A Trademark is a symbol designed to protect a company’s product, which is registered by that company. Trademark is used so that we can know who has created the product of which company.

Each company has it’s own brand and logo. Trademark is a symbol that is printed on the product so that the product of that company can be easily identified in the market. No other company can use it’s brand and name.

Trademark Examples like- If we have made a mobile purchase from the market and the company has created that mobile, we use Trademark to represent the name of the company.

Friends, the validity of the Trademark is 10 years. It is than made Renewal. Once any company has done Trademark, no other company can use the name of that company to earn a business profit.

Companies like Apple, Nike, Mercedes-Benz, Dell, Honda, etc. have got their name trademarked. No other company can use it for it’s business profit.

So this was the trademark definition you know here today.

Friends, they’re are also some rules for Trademark Registration which you will have to follow.

 

Registered Trademark Rules

Trademark rules

The new rules of Registered Trademark have been made with the affect that came out on 6 March 2017. In which the process was made so that it does not take much time by making the entire Trademark Registration Process easy and eliminating the hassles in this process.

• In Trademark Rules 2017, the applicant is divided into 2 categories Individual / Start-ups / Small Enterprises and other start-ups, and Small Enterprises have been defined under the Definition Clause.
• E-filing is promoted.
• Application’s Quick Processing
• Hearing via Video Conferencing.

To get a Trademark Registration done, you will need some necessary documents.

Trademark Registration Documents

Trademark contains different documents according to the ownership of a different company.

Copy of Logo, Brand, and Name in which a person or company is going to make it’s Trademark.

Documents for Individual Trademark

If you are registering Trademark Registration Individually, than you will need these documents.

• Trademark Questionnaire
• Pan card
• Aadhar Card
• Passport
• Copy of power of attorney signed by the applicant

For Private Limited Company –

• Power Of Attorney
• Trademark Questionnaire
• Board Resolution

Apart from this, they’re are other documents that you may need.

• Description of the product or service you are going to register Trademark.
• Legally owner
• Logo if Applicable.
• Address Proof
• If a company applies than Copy of Incorporation Certificate.
• If a person applies, than the identity and address of that person is Detail.

Trademark Registration Fees

Different Fees have been defined to complete the Trademark’s Registration Process.

• Various forms to apply for Trademark Registration – Tm-1, Tm-2, Tm-3, Tm-8, Tm-51 These have been created for the new Trademark Registration for which the trademark fee is Rs 4,000.
• If the Entrepreneur’s Trademark is removed, than a fee of Rs 5,000 will be paid by filling Form Tm-13 for Restoration.
• To renew a registered trademark, Form Tm-12 has to be filled for which a fee of Rs 5,000 is required.
• If you are getting the Form Renew done after Renewal Date, than for this you will also have to fill a Surcharge of Rs 3,000 and Form Tm-10.
• In order to raise the Opposition, Form Tm-5 has to be filled for which the Government of India has earmarked Rs 2500.
• To improve the Registered Trademark, a fee of Rs 3,000 will be filled by filling Form Tm-26.

So in this way, you will have to pay a fee to get Trademark Registration done.

How to register a trademark – Trademark registration

Trademark registration can be done both online and offline. To do Trademark Registration Online, first, do Trademark Search or you can also apply through the official website Ipi of Government of India.

Trademark Search: First of all, you have to do a Trademark Search that the Trademark you have thought to say is not Already Registered, so if it is Trademark Already Registered than you can not get it registered. You have to think of another Trademark.

To do a Trademark Search, you can do a Trademark Login Search on the website of Ipindiaonline.Gov.In. You can also search for offline by visiting they’re office.

Preparing Trademark Application: After doing Trademark Search, now you have to apply for Trademark Application for your Business Name, Logo, and Brand. You can also do Trademark Application Online and Offline. Submit the application form to the Registrar Of Trademark Office.

Trademark Registration: The fee prescribed for Trademark Registration has to be filled which can be Rs. 4,500. After registration of the Trademark, you become the Legally Owner of the Trademark after which no other person or company can use your Trademark without you’re Permission. If a Trademark is not registered than it cannot take action against any other company.

Create Company Identity: It helps you to create you’re company identity so that no other company can sell goods or items using Trademark without you’re permission.

Identity in Customer: Through Trademark, the company is able to establish a good identity among its customer, this does not cause much problem in searching the product to the customer.

Secure Company Brand: The biggest advantage of a Trademark is that it keeps the brand and name of the company safe. If a Trademark has been registered by a company, you can take action against it if it is used by other traders.

So this was the Trademark Registration Process, how did you know how to register the trademark.

Have you also got a Trademark Registration and now you want to check its status?

So know…

Trademark Registration Status

If you have done Trademark Registration and now you want to check its status, what is the status of your trademark registration than you can also check it.

For this, follow the steps mentioned above.

Visit Website: First you have to go to the official website of the Trademark. Go to the IP India Trademark Status Page.

Click Trademark Application / Registration Mark: As soon as you go to this page, here you will get 4 options, in which you have to click on Trademark Application / Registration Mark Button.

Click National / Irdi Number: Now 2 options will appear in front of you, click on National / Irdi Number.

Trademark Application Number: Here you have to enter the Trademark Application Number and put the captcha and click on View.

View Trademark Application Information: As soon as you enter the Captcha Code, the field with the Trademark Application will come up on top of the Trademark Application Information along with the list of all the Documents.

This way you will get to know about your Trademark Registration Status.

Do you have the same question that how many types of Trademark are they’re, than you know the answer?

Types Of Trademark

Type of trademark

• Generic Marks: This is a Trademark that uses Common and Daily Terms. Anyone can use these terms. A Generic Trademark will describe that Particular Class and Variety like – it would be Generic to try to use the word Car for Automobile. It would be wrong to get a Trademark Allow of a car for the sale of automobile.

• Descriptive Marks: Descriptive marks use terms that only describe Goods or Service. This mark uses the color, Smell, and Ingredients of a Goods and Service. The descriptive mark cannot be registered until it acquires the specialty.

• Suggestive Marks: It suggests the qualities and qualifications of Marks Goods and Service. These Marks are different from Descriptive Marks, they do not Describe that Product in Reality but suggest a Quality to find out what the consumer thinks about it.

• Arbitrary Or Fanciful Marks: words or real words formed from Arbitrary and Fanciful Marks that are not related to Goods and Service Supplied. This is the strongest type of mark because it is mostly Arbitrary Words, so it is less likely that someone else is using it to Describe your Goods and Service.

We talked about Trademark, now we will know about Patent.

What is patent

Patent definition

Patent means an Idea on which it’s patent is patented to get rights, so that if someone else or organization copies you’re patent by not getting you’re Idea copied, than it will be considered as invalid. If the person or organization copied you’re patent, than you can take action on it.

If you want to copy a product, than you have to get permission from the patent holder for this. The patent holder can also sell his patent to another person or entity. The maximum limit for patenting a product or item is 20 years.

Friends, this was the Patent Meaning that you understood in simple language.

Let us now know farther…

Types Of Patent 

Do you know about the type of patent? If you do not know, than no problem, let us tell you about it. There are three types of patents.

Utility Patent: It provides protection to useful processes, machines, product raw material, the composition of something like fiber optics, computer hardware, Medicines, etc.

Design Patent: This works to prevent the illegal use of the new, original, and design of the product such as shoes designed for athletics, character of a cartoon, design of a bike. All these designs are protected by patents.

Plant Patent: In this, protection is given to newly prepared tree-plant varieties, in which varieties of Hubriid Rose, Silver Queen Corn and Better by Tomato, etc. are given protection.

So I have got a piece of good information about you’re Patent.

But have you ever wondered what the difference between Patent and Trademark is?

Patent Vs Trademark

We are telling the difference between these two, farther apart, they’re is a difference between these two as well.

• The term of the patent has been set by the World Trade Organization to be 20 years. The person receiving the patent has the right to sell or transfer this right.
• A trademark distinguishes that party and it’s accessories by Phrase, Word, Design, or Symbol used by other competitors.
• No other person can sell or invention that product in the patent.
• Trademark can be registered forever and it remains valid as long as you keep using it for business.
• A patent is an invention like – Machines, Manufactures, Processor Improvements, no one else can use it when patented by someone.

So this is the difference between Trademark and Patent that you know.

Conclusion

So, guys, this is how you came to know about Trademark and Patent. Here you got information about Trademark and Patent in Detail.

Now you too will be able to get you’re product trademark and you’re Idea patented. In this post, you got a lot of information about these two, which you learned…

• What is a Trademark? What are the rules of a Registered Trademark?
• What are Documents and Fees for Trademark Registration?
• How to do Trademark Registration
• How to check the status of Trademark Registration
• There are many types of Trademark.
• What is a Patent? What are the types of Patents?
• What is the difference between Trademark and Patent?

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