Legal registrations

Trademark Registrations

Before building a brand, the entrepreneur should make legally strong to the extent that the brand should exist long. Every Company creates a distinctive  name for  their product which is called trademark of its respective organization. If a company creates a name for its product and continues to use it, it is a de facto trademark whether or not it is registered. Thus essential function of a trademark is to exclusively identify the commercial source or origin of products or services

A trademark is a brand identification for a product or service, the latter technically called a "service mark." The mark can be written text, text in a particular stylized form or a graphic symbol. Thus Trademark not only means the brand name but it also means the logo, symbol, design, image, or a combination of these elements. This symbol or word or phrase or logo or combination of these that legally distinguishes one company's product from any others

Company names and products are often registered with the  Trademark Organization to help ensure their legal usage. Among other legal reasons, registration of a trademark serves to officially document how long a name has been in use.

A good example of a popular trademark is CADBURY’s DAIRYMILK. If another company tried to confuse consumers by using a symbol that looked like the DAIRYMILK, that company would be infringing on the CADBURY’s trademark rights. CADBURY would therefore has grounds to sue. Any infringement on a trademark is illegal and therefore grounds for the company owning the trademark to sue the infringing party.

The first ever Trademark Registered is that the Red Equilateral Triangle which got registered in 1876 in England.

The Company names and products are registered before the Trademark registry of Intellectual Property Office, located in four Metrocities of India, to help ensure their legal usage

The Process of Trademark registration:                                                        

In India, Trade Marks Act, 1999 and Trade Marks Rules, 2010 is the Legislation governs the right, rules and procedure for filing the Trademark.

Step 1:

Trademark Search: Before going for register a trademark or service mark we have to check is there any other person registered or trying to register similar or identical Trade name. The search is done through Trademark Registry by paying the appropriate fee.

Step 2:

Once the Search report is positive, the applicant shall go over Registration of Trademark. Before that we should see who all are eligible to be an applicant. The applicant shall be an individual or a partnership firm or a Limited Company even Trust, represented by Trustee. The goods or service must first be classified under appropriate class. Class 1 to 34 deals with Manufacturing Goods, Class 35 to Class 45 deals with Services. The required forms for Filing Trademark application is Form TM 1, Additional Representation along with Authorisation deed ie., Form TM 48. The application should bare the details like Applicant’s name, Address, goods or service details appropriate Class and the user date. The user date is the one where we should mention the first date when the Trade name or brand name used. Even a proposed trademark can be filed before the Trademark Registry.

Step 3:

Once the Trademark Application is filed, the Registry will allot a TM number as an acknowledgement. After this the Applicant shall start using a small ^TM after the trade name or logo. The registry will upload the application in the database of the Registry.

Step 4:

The Applications are examined to confirm that the provisions of Trademarks Act and Rules are complied accordingly. Further the registry will also make a search that is to see is there any similar or identical trade name already registered.

If there is any conflict, the registry will raise objection for registration. Once the Registry raises objection we shall give reply to the objection within a period of 30 days. We shall a set of evidence supporting our version. We can even request the registry to pose it for hearing.

Step 5:

If the registry satisfies with the reply, the applicant shall be advertised in the official journal of the Trademark Registry which will be published every Monday. The journal shall be kept open for three months for public opposition. If any third party aggrieves because of the application, they may raise the opposition against the registration.

If any opposition raised we have to submit the reply accordingly. After the reply the registry will post the case for hearing.

Step 6:

If no opposition raised after 3 months of publication or once the registry decides against the opposition, the Certification of registration shall be issued by the Registry.

If no objection or opposition is raised, the certificate will be issued within a period of 10 to 12 months.

Copyright 
 

Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Copyright registration is invaluable to a copyright holder who wishes to take a civil or criminal action against the infringer. Registration formalities are simple and the paperwork is least. One of the supreme advantages of copyright protection is that protection is available in several countries across the world, although the work is first published in India by reason of India being a member of Berne Convention. Protection is given to works first published in India, in respect of all countries that are member states to treaties and conventions to which India is a member. More than all this, the main thing in copyright registration is that the process of getting certificate is within 6 month.

A suit for infringement can be filed in the place where the author/licensee ordinarily resides. He need not travel or find a counsel in other countries to take infringement action against the infringers. This is unique provision given in the Copyright Act

Company Incorporation

1. Selection of type of the company.

2. Selection of name for the proposed company.

3. Apply for Directors Identification Number and Digital Signatures.

4. Drafting of Memorandum and Articles of Association.

5. Stamping, digitally signing and e-filing of various documents with the Registrar.

6. Payment of Fees.

7. Obtaining Certificate of Incorporation.

8. Preparation and filing of Prospectus/Statement in lieu of Prospectus and e-Form 19/20 (in case of public companies) for obtaining the certificate of commencement of business.

9. Obtaining Certificate of Commencement of business (in case of public limited companies).

The duration for the complete process would be 30 days. To obtain certificate of registration will take  2 months. 

We at fred-john solutions have professional tie up with legal firms and professional lawyers to take care of all the legal registration process.