TRADE MARK REGISTRATION

A Trademark is a recognizable emblem that may be a term, image, product, logo or number used by a business to differentiate its products or services from the same in the same market among certain businesses. A trademark is a property protected by Indian legislation. The inventor of a word or symbol must apply for the registration of marks to protect a mark from being copied by others. The registration process involves several steps and an expert for registration of marks should be employed to ensure a smooth process.


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wise process of TRADE MARK REGISTRATION


Application for Trademark

Application for registration of a trademark /collective Marks /Certification Mark /Series of trademark for specification of goods or services included in one or more than one classes in Form TM-A.

Renewal of Registration

For renewal of registration of a trademark under section 25 for each class in Form TM-R

Registered Trademark in case of Goods or Services

Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark in Form TM -U

Following Documents are
Required

1. Incorporation certificate (if its a company or LLP)
2.Udyog Aadhar registration certificate-The government fees for trademark filing for companies having Udyog Aadhar is Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
3. Logo, if applicable and available, Address proof.
4. Form 48 is used to provide IndiaFilings attorney with authorisation to file your trademark application.


OFFICE ACTIONS IN PROCESSING APPLICATIONS FOR REGISTRATION OF TRADEMARKS



TO REGISTER A TRADEMARK IN INDIA THE FOLLOWING STEPS MUST BE FOLLOWED

Step 1. Selection of a trademark agent in India

Proprietors are only allowed to file a trademark application if their place of business is in India. If this is not the case, the right holder must file a trademark application through an agent or attorney. The agent or attorney usually takes care of the trivialities such as searching, preparing, filing and prosecution of the trademark.

Step 2. Determination of the eligibility and availability of the trademark

The agent usually starts the registration process by determining whether the trademark is eligible for registration and conducting a clearance search to see if there is a similar mark in the office of the controller general.

Step 3. Completing the application form and filing

If the trademark agent has the power of attorney from the right holder he can complete and file the application form. The form will require details such as name and address of the proprietor, a description of the goods and services associated with the mark, whether the mark is in use and a copy of the mark.

Step 4. Review by the trademark
office

The trademark office reviews the application to see if it is complete and then allots the application a number. If the trademark is registered, this number becomes the registration number.

Step 5. Show cause hearing or rejection of the application, Preliminary approval and publication

The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999. After this, they issue an examination report within a period of one month.

Step 6. Registration of
Trademark

Within the term of three months publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate.

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Frequently Asked Questions

What is the punishment for not maintaining the books of account?

If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section in respect of Books of Acounts, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial officer or such other person of the company shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to 500,000 Rs. or with both..

My company has no transaction, do I still have to file ROC Returns and ITR?

Yes, every company which is registered under the companies act must file the annual roc return and ITR within its due date. However, for newly incorporated companies, there is some relaxation on time of holding the AGM. To help companies with NIL or up to less than ten transactions during the financial year, we have straightforward pricing.

What are the documents required for filing ROC Return for the company?

The essential documents are balance sheet, profit & loss account, and audit report for filing the ROC Returns. However, in the annual return of the company information concerning shares, registered address changes of any during the financial year. We would need all ROC filing done during the fiscal year..

What is the penalty in the company does not file its financial statement with the ROC?

According to 134 of the companies act, 2013, the company shall be fined any amount between Rs. 50,000 to Rs. 25, 00,000 depending on case to case basis. Further, every key person in charge, including its directors, may be sent to imprisonment for a term of 3 years or fine between Rs. 50,000 to Rs. 5, 00,000 or with both