Trademark

Overview

ATrademarks are used to identify logos, designs, jingles, slogans, or even a single word or a series of words that identify and represent your company, product, or service. Think McDonald's golden arches or GEICO's chatty and personable gecko.

Trademark registrations are valid for a period of 10 year from date of application. A registered trademark’s validity can be extended at the end of ten years by filing a trademark renewal application.

Benefit of Trademark

    Legal Protection

    Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement. Trademark protection is not enforceable for trademarks that are not registered. All registered trademarks are valid for a period of 10 years and can be renewed for a period of another 10 years easily by filing a trademark renewal application.

    Unique Identity

    Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.

    Trust or Goodwill

    Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.

    Creation of Asset

    Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.

    Global Trademark Filing

    A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.

Why should regsister under Shop & Establishment Act?

  • Complying with Statutory laws such as Excise Duty, Sales Tax, Service Tax, etc.

Required Documents

  • Identity Proof of authorized signatory
  • PAN card /AAdhar in case of individual/proprietor
  • Other Incorporation Certificate /DEED/other registration Certificate
  • Logo(black & white) with Tagline except in case of application of word
  • Form-48 to authorize Vakil Salah
  • User Affidavit for claiming previous use of Trademark

How to apply for registration?

While each State has set different rules and regulations for registration under the Act, the basic procedure remains the same. The Act requires every business to get approval from the department of Labour.

The registration certificate can be obtained from the Chief inspector of Shops and Establishment Act, or from other inspectors delegated to the area where you run the establishment.

Process

An application, in the prescribed format, (obtained from the official websites of different States) needs to be submitted to the inspector in charge, with:

1. The name of the establishment

2. Name and details of the owner (employer) and the employees (at the time of incorporation of business)

3. The address of the establishment and a copy of sale deed or rental agreement for the shop

4. PAN card of the business or the owner