• Trademark application

Hi,

 I am initiating a proprietorship startup business. 

 1. The Business address would be the same as my Residential address, since my office is set up in one section of my home. Can this be mentioned as a valid address with supportive documents / Govt.ID(s) for procuring a Trademark?

2.How much time does it require to receive a trademark and what are the basic requirements?

3.The cost involved and any expert procedure & consultation that might help, the logo is ready so it would be excellent if the procedure is started urgently.

4.Documentation required considering the above points.

 I can manage a brief telephonic discussion on Sunday between 09:00 AM- 01:00 PM IST.

 Many Thanks!

 Regards,

 Siddharth
Asked 6 years ago in Intellectual Property

7 answers received in 1 day.

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8 Answers

Hello,

I would be able to help you in filing the Trademark application. If its a proprietary concern the address proof of your residential house would be sufficient. Since the TM office is a goverment body one cannot predict how much time it will take for registration. There is a procedure involved in procuring a TM application. I can provide you with a requirement sheet for what all documents are required. Hope this helps!

Let me know if you have any queries.

Regards,

Adv. Prafulla Paranjape

Advocate and Intellectual Property Lawyer

Prafulla Paranjape
Advocate, Pune
27 Answers
6 Consultations

If there is no opposition from other businesses in the next four months, your trademark is registered around six months later..

Requirements:

Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.Identity Proof of the individual or Proprietor.Address Proof of the individual or Proprietor.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Yes this can be given as valid address for registration of trademark.

2. Trademark registration can take a 2-3, month procedure and the basic requirement under he act is it should not be registered by any other person and it should not be generic .

It must be a coined term.

3.cost involved is around 5000 registry fee plus the fee of lawyer or agent you are hiring for all.documentation. you have to fill TM-1 and attach necessary documents.

4. Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.

Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.

Identity Proof of the individual or Proprietor.

Address Proof of the individual or Proprietor

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Hi,

The same address may be valid but you need to specify your business because some of the business may not be operated from residential complexes. As far as, the basic requirements of Trade mark registration are concerned, you need to apply to registrar in the specific format and the cost involved may be upto Rs. 10000/- depending on the circumstances such as objection etc. by parties, rectification etc. The time line may be up to 18 to 24 months depending on the circumstances.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

1) As of now you can provide your Business Address as Residential Address.

2) Normal TAT is 24 -30 months

3) Approx all fees involved Rs.16000/-

4) - Trademark or logo copy

- Applicant details like name, address and nationality and for company: the state of incorporation

- Goods or services to register

- Date of first use of the trademark in India, if used by you prior to applying.

- Power of attorney to be signed by the applicant

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. The address of the registered office of your company can be same as your residential address.

2. It'll take around 10-12 months to get the trademark issued to your company. First step is to conduct search to check whether your business name or logo is similar to other already registered trademarks. Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.

3. The procedure will be started as soon as you hire a trademark attorney and he will start the search and requisite documentation. Fees charged by the advocates varies from person to person.

4. Documents required are:

Copy of Logo (Optional)

Signed Form-48.

Identity Proof of Signatory.

Address Proof of Signatory.

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India.

Trademark registration is however a long process involving multiple steps.

Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar.

A trademark registration application must contain the following information:

Logo or the Trademark

Name and address of the trademark owner

Classification or Trademark Class

Trademark used since date

Description of the goods or services

Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days. The trademark application can also then be tracked online through the Online Trademark Search facility. Typically, on obtaining trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal.

If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application.

Once there are no objections or oppositions for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.

You may have to look for the services of the trademark agents/consultants in this regard who will be able to complete this task ion their terms.

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

1. yes this can be mentioned as a valid address.

2. 6-12 months, you will have to give IDs and date of first use of trade mark.

3. You should take help of a lawyer so that the same is filed in the relevant classes, govt. fee for one class is 9,000/- Rs.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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