Trademark Registration – Tax Biz Hub

Under the Trademark Act, 1999, a trademark is defined as a mark that can be graphically represented and is capable of distinguishing the goods or services of one entity from others. This may include the shape of goods, packaging, and color combinations. A trademark can be a name, signature, word, letter, numeral, or a combination of these.

Trademark Registration

A trademark is registered under the Trademark Act, 1999. The Controller General of Patents, Designs, and Trade Marks, functioning under the Department of Industrial Policy and Promotion (DIPP) within the Ministry of Commerce and Industry, is responsible for statutory protection of trademarks. Anyone claiming to be the owner of a mark—whether already in use or intended for future use—can apply for trademark registration.

Who Can Apply?

Any individual, company, proprietor, or legal entity that claims ownership of a trademark may apply for registration. The applicant mentioned in the Trademark Registration form will be recognized as the official owner of the trademark upon successful registration.

Benefits of Trademark Registration

1. Business Opportunities: A registered trademark enhances trust, credibility, and goodwill among customers. It provides a unique identity, setting the business apart from competitors.
2. Legal Protection: The trademark holder has the legal right to take action against infringement if someone unauthorized uses the registered trademark, logo, brand name, or slogan.
3. Unique Identity: Customers associate a product or service with its brand name. A trademark becomes a valuable business asset, preventing competitors from using it.
4. Creation of an Intangible Asset: A registered trademark is an intellectual property asset that gains value over time. It can be sold, franchised, or licensed.
5. Brand Recognition: Trademark registration strengthens brand recognition, enhances goodwill, and increases market value. It attracts new customers while retaining existing ones.

Trademark Registration Process

1. Documents Required: Submission of necessary documents for trademark filing.
2. Application Preparation: Preparing the application in the prescribed format.
3. Name Search and Approval: Ensuring uniqueness of the trademark.
4. Application Submission: Filing the trademark application.
5. Same-Day Filing: Immediate processing to secure trademark rights.

Validity & Renewal

A registered trademark is valid for 10 years from the date of registration. It can be renewed:

• Within 6 months of expiry using Form TM-12 by paying the renewal fee.
• After 6 months and within 1 year of expiry using Form TM-13 for restoration and renewal.

How Tax Biz Hub Can Help?

• Expert Consultation
• Trademark Search & Approval
• Application Preparation & Submission
• Quick & Hassle-Free Processing

Get your brand protected with Tax Biz Hub today!