Step-by-Step Procedure for Registration of Trademark
Securing your brand’s identity is essential for long-term success. Registering a trademark ensures that your brand name, logo, or tagline is legally protected. Komal Ahuja, a tax consultant at NGO Experts, specializes in offering legal guidance for businesses and NGOs, including trademark registration, Section 8 NGO registration, and 12A and 80G registration. Here’s a detailed guide on the procedure for registration of a trademark.
Table of Contents
What is a Trademark?
A trademark is a symbol, word, or logo that identifies and distinguishes your products or services. It helps establish your brand and protects it from being used by others without permission.
Why Register a Trademark?
Trademark registration legally protects your brand from misuse. It also gives you exclusive rights to use the mark for your products or services. Whether you are a business or an NGO, registering a trademark adds credibility and ensures your brand’s protection.
Step 1: Conduct a Trademark Search
Before filing, check if the trademark you want to register is already in use. Visit the Intellectual Property India website to perform a trademark search. This step is crucial as it avoids possible rejection due to existing similar trademarks. A thorough search will save you time and effort.
Step 2: Choose the Appropriate Class
In trademark registration, each product or service is categorized under specific classes. The World Intellectual Property Organization (WIPO) has divided goods and services into 45 classes. Choose the correct class based on your business or NGO activity. For example, if you’re involved in educational services, choose Class 41.
Step 3: Prepare Necessary Documents
Gather the required documents for trademark registration. This includes:
- Proof of business registration
- Logo or wordmark you wish to register
- Identity proof of the applicant (like PAN card)
- Address proof of the business or NGO
Step 4: File the Trademark Application Online
Once you have the documents ready, file your application online through the official trademark registration portal. The application form (TM-A) is filled with all the necessary details, including the trademark type, class, and applicant’s information.
If you’re an NGO looking to register a trademark, the process remains the same. However, ensure that your Section 8 NGO registration is completed before filing for a trademark to avoid legal complications later.
Step 5: Application Review and Publication
After submission, the Trademark Registrar examines the application. If no issues are found, the trademark is published in the Trademark Journal for public review. During this time, anyone can oppose the registration if they believe the trademark infringes on their rights. If no objections are raised within four months, the registration moves forward.
Step 6: Trademark Registration Certificate
Once the opposition period passes, and no objections are received, you will receive the final registration certificate. Your trademark is now officially registered and protected under the law.
Section 8 NGO and Trademark Registration
Section 8 NGOs often seek trademark registration to protect their brand name, especially when involved in public fundraising or awareness campaigns. In addition to trademark registration, NGOs should ensure they complete Section 8 NGO registration and secure 12A and 80G registration for tax benefits. Komal Ahuja, with her expertise in NGO legalities, provides professional guidance on these processes.
Why Seek Professional Help?
Filing for a trademark can seem simple but requires attention to detail. Incorrect filings can lead to rejection or delays. Consulting a legal expert like Komal Ahuja can save you from these common mistakes. At NGO Experts, they offer end-to-end support, not just in trademark registration but also in Section 8 NGO registration, 12A and 80G registration, and other legal services.
Conclusion
The procedure for registration of a trademark involves multiple steps, from conducting a trademark search to receiving the certificate. By protecting your brand legally, you ensure its long-term success. If you’re unsure of the process or need assistance, professionals like Komal Ahuja at NGO Experts are here to help. They offer legal expertise in NGO-related matters and trademark registrations, ensuring smooth and hassle-free filing.