Home / Services We help you in creating a strong foundation of your business View More Check For Trademark Availability Trademark Class   Trademark Class 1 Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use use in industry; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science   Trademark Class 2 Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art   Trademark Class 3 Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations   Trademark Class 4 Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting   Trademark Class 5 Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides   Trademark Class 6 Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes   Trademark Class 7 Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines   Trademark Class 8 Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors   Trademark Class 9 Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus   Trademark Class 10 Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes, and teeth; Orthopedic articles; Suture materials; Therapeutic and assistive devices adapted for the disabled; Massage apparatus; Apparatus, devices, and articles for nursing infants; Sexual activity apparatus, devices, and articles   Trademark Class 11 Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes   Trademark Class 12 Vehicles; Apparatus for locomotion by land, air or water   Trademark Class 13 Firearms; Ammunition and projectiles; Explosives; Fireworks   Trademark Class 14 Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments   Trademark Class 15 Musical instruments; Music stands and stands for musical instruments; Conductors’ batons   Trademark Class 16 Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers’ type, printing blocks   Trademark Class 17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes, and hoses, not of metal   Trademark Class 18 Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness, and saddlery; Collars, leashes, and clothing for animals   Trademark Class 19 Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar, and bitumen; Transportable buildings, not of metal; Monuments, not of metal   Trademark Class 20 Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber   Trademark Class 21 Household or kitchen utensils and containers; Cookware and tableware, except forks, knives, and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi-worked glass, except building glass; Glassware, porcelain, and earthenware   Trademark Class 22 Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor   Trademark Class 23 Yarns and threads, for textile use   Trademark Class 24 Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic   Trademark Class 25 Clothing, footwear, headwear   Trademark Class 26 Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair   Trademark Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile   Trademark Class 28 Games, toys, and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees   Trademark Class 29 Meat, fish, poultry, and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yogurt and other milk products; Oils and fats for food   Trademark Class 30 Coffee, tea, cocoa and artificial coffee; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces

Home / Services We help you in creating a strong foundation of your business View More Design Registration   DESIGN REGISTRATION WHY A DESIGN NEEDS TO BE REGISTERED Design of a product can be registered to avoid counterfeiting by complying with The Designs Act 2000 at the Office of Controller General of Patents, Designs and Trademarks. According to the statute, a design of a product can be registered if it has a very new a shape, configuration, pattern or ornament or composition of lines or color or combination is applied. In order to make a design valid for registration, it must be new and original, applied for composition, pattern or ornament which is created through an industrial process. The purpose of registration is to provide the owner of the design exclusive rights to exploit the design and use it for commercial purposes. The mere filing of an application does not guarantee the registration of a design as various facts will be considered by the registrar before allowing the registration. Therefore it is advisable to seek professional assistance in the process of applying for registration as the expert hands will ensure better drafting of application which increases the chance of getting the design registered and the status of registration needs to be checked periodically, seeking professional assistance can help you sort with that requirement as well. eStartIndia comprises of best professionals who would help you in the register a patent online before the Comptroller. We offer assistance to various performances like company registration, trademark registration, patent registration, copyright registration, design registration, and other connected services. The average process time for trademark objection is within 14 days, subject to government processing time and documents submitted by clients. eStartIndia will help you with all design registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual. Get a free Consultation for Design registration with Our Top Rated Experts with a simple registration.   WHO CAN APPLY TO REGISTER A DESIGN? The owner of the product or his authorized agent can apply to register the design. In case an authorized agent is applying an affidavit by the owner authorizing the agent must be submitted.   ADVANTAGES OF DESIGN REGISTRATION LEGAL PROTECTION: A registered design owner can approach the court in case of infringement claiming damages. But this facility is not available for unregistered designs. EXCLUSIVE RIGHTS: The registration allows the design owner to have exclusive rights to use, explore and transfer the product for commercial usage and gain profits. GLOBAL PROTECTION: Though the registration of a design is only valid in India it can be used as a basis for registration of a patent in any other part of the world. VALIDITY: The patent registration provides special rights to the patentee for 10 years which is extensible up to another 5 years. CREATES MONOPOLY: The competitors who sell similar goods cannot use a similar design. All the right to use the design for commercial use vests with the owner. CREATION OF ASSET: The design that is registered becomes an intellectual property which is an asset that can be sold, franchised or contracted for commercial purposes.   DOCUMENTS REQUIRED IDENTITY PROOF: The identity proof of the owner of the authorized agent applying for registration must be submitted which can be Driver’s license, voters ID, Aadhaar card, ration card or passport. FORM 1: Form 1 of The Designs Act 2000 must be submitted which includes name, address and citizenship details of the applicant and the title of the product intended to be registered. REPRESENTATION: The representation of the product showing different views of the design has been submitted in drawings or photograph form ( in quadruplicate on A4 size paper). PRIORITY DETAILS: In case the design claims priority in terms of being registered in another country then such documents validating the priority has to be produced.       Registration Process PROCEDURE FOR DESIGN REGISTRATION DRAFTING OF APPLICATION: Advisably with the assistance of a professional an effectively drafted application including all the details and documents must be prepared. FILING OF APPLICATION: The drafted application has to be filed at the Office of Controller General of Patents, Designs, and Trademarks. AFFIDAVIT: In case the application is filed by the agent of the owner, then the affidavit authorizing the agent to apply has to be submitted.  EXAMINATION: The application will be examined by the Officials and in need of rectifications it shall be intimated to the applicant. And mostly within 6 months from the date of filing the application the office may accept or reject the application. PUBLICATION: Once the application is accepted then it will be notified in the official journal calling for objections. And if objections are raised hearing will be conducted. ISSUE CERTIFICATION: On being satisfied with the application and procedures the office will grant Certificate of Design Registration to the applicant. APPEAL: In case of grievance the affected party can approach the Intellectual Property Appellate Board. Click here to know more about “Patent Provisional Registration”. Step 1 Prepare an application: the patentee has to create an application to file at the patent office. The application must be accompanied by relevant documents and forms. eStartIndia will assist you in preparing your application ensuring best quality and effectiveness. Step 2 Filing of Complete application: After filing a provisional application, the complete application has to be filed within 12 months otherwise the application shall be abandoned. Step 3 Advertising the application: After scrutiny, the Patent Office will publish the application in the patent journal to call for any opposition and it will appear in the patent journal generally for 18 months. Step 4 Examination: A special request has to be filed before the Office to conduct examination and if the Controller raises any objection, a hearing will be conducted to conclude with a decision Step 5 Granting Of Patent: Once the officer is satisfied with the documents of the patent application it will be entered in the official gazette as granted.

Home / Services We help you in creating a strong foundation of your business View More Patent Provisional Registration   PROVISIONAL PATENT REGISTRATION– HAVE AN EDGE OVER OTHERS The Patent is the right given by the government to the inventor of a creation granting exclusive rights to the patentee. The registration of the patent is done through complete specification or a provisional specification. Filing for provisional specification when the inventor is in the path of reaching the end result will improve the chance of the product being patented. The application for provisional registration must contain the title of the product and its description. The claims are only included in a complete specification and not in the provisional specification. eStartIndia comprises of best professionals who would help draft and file a provisional patent registration before the Controller. We offer assistance to various performances like company registration, trademark registration, patent registration, copyright registration, and other connected services. eStartIndia will help you with all patent registration and other connected services from the comfort of your home by offering you services that are specialized and tailored as per your requirements Get a free Consultation for Provisional Patent registration with Our Top Rated Experts with a simple registration.   WHO CAN APPLY FOR A PATENT PROVISIONAL REGISTRATION A true and first inventor of the product, the authorized agent of the inventor or at times even legal representative of the inventor can apply for registration of the patent. A Provisional patent application is filed generally when the invention is on the verge of completion and the inventor is sure of its results.The inventor can file the provisional application to secure the priority date and to have an edge over others.   ADVANTAGES OF PROVISIONAL PATENT REGISTRATION Secures Priority date: Filing provisional patent application helps secure priority date and the applicant have an edge over the other who files an application after filing of a provisional application by the applicant. Less Cost and less formality: The cost of filing the provisional patent application is much less than the complete application. Also, it has lesser formal requirements than complete specification. Extended validity: One year time period is given to the applicant to file the complete specification, so we can say that by filing provisional application validity is extended by one year or in another word we can say that a delay/extension of one year is given to complete the specification.   DOCUMENTS REQUIRED IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhaar card, ration card or passport). Form 1 (Application for grant of a patent). Form 2 (Provisional specification). Form 26 – Form for authorization of a patent agent ( when an agent is applying on behalf of the inventor). Form 28 – (in case the applicant is a start-up or small entity). Priority documents (when the registration on the basis of any foreign registered patent intending to enter the Indian market). Registration Process PROCEDURE TO APPLY FOR PATENT REGISTRATION Click here to read more about “Patent Registration” Click here to read more about “design Registration” The procedure is governed by the Patents Act 1970 which is as follows: Step 1 Prepare an application: the patentee has to create an application to file at the patent office. The application must be accompanied by relevant documents and forms. eStartIndia will assist you in preparing your application ensuring best quality and effectiveness. Step 2 Filing of Complete application: After filing a provisional application, the complete application has to be filed within 12 months otherwise the application shall be abandoned. Step 3 Advertising the application: After scrutiny, the Patent Office will publish the application in the patent journal to call for any opposition and it will appear in the patent journal generally for 18 months. Step 4 Examination: A special request has to be filed before the Office to conduct examination and if the Controller raises any objection, a hearing will be conducted to conclude with a decision Step 5 Granting Of Patent: Once the officer is satisfied with the documents of the patent application it will be entered in the official gazette as granted. FAQs What is a provisional patent registration ? It is filed before a complete specification to reserve a filing date that will improve the chance of getting the product patented. This is usually done when the investor feels that the process can be put to paper but not ready to be finalised.   Within what time a complete specification has to be filed after provisional specification ? A complete specification has to be filed within 12 months from the date of grant of provisional registration.   How can a patent search be done ? The database of patents will provide every detail of existing inventions and application received. The applicant can conduct a search in the database using keywords.   When can a patent be objected ? It can be objected within 6 months from the date of publication in the journal in form 7A and 12 months after the grant of the patent. Related Services Patent Provisional Registration Read More Patent Registration Read More Copyright Registration Read More Trademark Rectification Read More Load More

Home / Services We help you in creating a strong foundation of your business View More Patent Registration   WHY PATENT REGISTRATION A patent is an exclusive right granted by the government of India to an inventor for his invention for a limited period of time. The inventor can register his patent with the Comptroller of Patents at the Indian Patent office for the product or the process. The registration allows the inventor to have special rights to use the product he invented. eStartIndia provides best professionals who would help you to register a patent online before the Comptroller.  eStartIndia will help you with all patent registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual. Get a free Consultation for Patent registration with Our Top Rated Experts with a simple registration.   PREREQUISITES TO REGISTER A PATENT NOVELTY: The product invented must be new to the industry, never been used or made before which an ordinary man cannot create. It must be new to public knowledge. INVENTIVE STEP: The term Inventive step means that it must not be obvious. The product invented should not be a one that can be deduced by a person skilled in that technique. UTILITY: The product must be a useful one and it must have a commercial purpose. INDUSTRIAL APPLICATION: The invention must be capable of being used in an industry NOT COMMERCIALLY USED OR DISCLOSED: The product before registering for a patent must not be a one already used for commercial purposes or disclosed to the public. COMPLIANCE WITH LAW:  The invention must be patentable in accordance with the existing law.   WHO CAN APPLY FOR A PATENT REGISTRATION A true and first inventor of the product, the authorized agent of the inventor or at times even legal representative of the inventor can apply for registration of the patent.   ADVANTAGE OF PATENT REGISTRATION LEGAL PROTECTION: A registered patentee can approach the court in case of infringement claiming damages. But this facility is not available for an unregistered inventor. EXCLUSIVE RIGHTS: The registration allows the patentee to have exclusive rights to use, explore and transfer the product for commercial usage and gain profits. GLOBAL PROTECTION: Though the registration of a patent is only valid in India it can be used as a basis for registration of a patent in any other part of the world. VALIDITY: When the applicant file complete specification after 12 months from the date of provisional registration the patent will be registered which provides special rights to the patentee for 20yrs from the date of registration and later it has to be released to the public domain. CREATES MONOPOLY: The competitors who sell similar goods cannot benefit from the invention of the patentee. All the right to use the product commercially vests with the patentee. CREATION OF ASSET: The product that is registered as patent becomes an intellectual property which is an asset that can be sold, franchised or contracted for commercial purposes. DOCUMENTS REQUIRED IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhar card, ration card or passport). Abstract/Details of the invention to be submitted in a CD or pen drive. Form 1 (Application for grant of a patent). Form 2 (Provisional/Complete specification). Form 3 (If the application is made in a foreign country along with this application). Form 5 – Declaration as to inventorship (only to be filed along with the complete application). Form 26 – Form for authorization of a patent agent ( when an agent is applying on behalf of the inventor). Form 28 – (in case the applicant is a start-up or small entity). Priority documents (when the registration on the basis of any foreign registered patent intending to enterIndian market). Registration Process PROCEDURE FOR PATENT REGISTRATION The procedure governed by the Patents Act 1970 is as follows:   Click here to read more about “Copyright Registration”. Click here to read more about “Patent Provisional Registration”. Step 1 Prepare an application: the patentee has to create an application to file at the patent office that may be either complete or provisional. The application must be accompanied by relevant documents and forms. eStartIndia will assist you in preparing your application ensuring best quality and effectiveness. Step 2 Filing of application: After the application is signed and authorised by the patentee it has to be filed before Comptroller of Patents at the Indian Patent Office. If you have made a provisional application then the complete application has to be made within 12 months. Step 3 Advertising the application: After scrutiny, the Patent Office will publish the application in the patent journal to call for any opposition and it will appear in the patent journal generally for 18 months. Step 4 Examination: A special request has to be filed before the Office to conduct examination and if the Controller raises any objection, a hearing will be conducted to conclude with a decision Step 5 Granting Of Patent: Once the officer is satisfied with the documents of the patent application it will be entered in the official gazette as granted. FAQs What is registration of patent ? A patent is a right granted by the government of India to the inventor of very novel creations. The registration of the patent with the Comptroller of the patent gives exclusive rights to the inventor in exploring the product for commercial usage?   Who can apply for registration for patent ? The first owner or the inventor of the patent, the assignee appointed by the first owner or a legal representative of the first owner (under special circumstances) can register for the patent.   Can a patent be renewed after years ? The validity of a registered patent is 20 years and after the stipulated time it shall be released to the public domain.Generally, a patent cannot be renewed after 20 years, but if the product is slightly changed and additions are made to the invention then it can be renewed. What

Home / Services We help you in creating a strong foundation of your business View More Copyright Registration   WHAT A COPYRIGHT IS? Copyright, as the word suggests, confers a legal right to the creators of literary, dramatic, musical and artistic works as well as to the producers of cinematograph films and sound recordings. The concept of copyright was initiated to ensure the protection of a creative person’s intellectual works and to encourage innovativeness by lifting its uniqueness and guard the work against being reproduced by unauthorized beings. Copyright is guaranteed with a legal recognition under the Copyrights Act 1957. The right authorizes a person to reproduce, translate, bequeath or sell the work for consideration. But the ideas, methods or procedures cannot be copyrighted. The registration of Copyright is done at the Copyright Office, under the control of Registrar of Copyrights who shall act under the guidance of Central Government. The term of Copyright differs in respect to the kind of work copyrighted which is dealt with under Chapter V of the Copyrights Act 1957. eStartIndia is the best online legal services platform for services relating to Intellectual Property Rights in India, offering a variety of IPR registration services like Trademark Registration, Copyright registration, and other connected activities. eStartIndia will help you to get the Copyright from the comfort of your home, offering you services that are very specialized and tailored as per client’s request. Get a free Consultation for Copyright registration with Our Top Rated Experts with a simple registration.   WHAT CAN BE COPYRIGHTED? The rights permitted to an owner of copyright varies as to the type of original work which is noted down:- In the case of artistic, literary, dramatic and musical work which are not computer programs the owner of Copyright has the power to reproduce, translate, issue copies, perform/communicate to the public, to make cinematographic films with respect to the work Copyrighted. The creator of computer programs will have the right to sell or rent out the program for consideration in addition to the rights mentioned in the point above. When a sound recording or cinematographic film including photographs are copyrighted then the creator has the right to reproduce, communicate to the public, store in electronic form, sell or rent out the work.   WHY IS REGISTRATION OF COPYRIGHT IMPORTANT The registration grants the creator of the work a legal guard against any infringement of his rights. Copyright makes your work more unique and it gives right for you to market it among the targeted consumers. The creator gets exclusive right in reproducing, translating, disseminating and adapting the copyrighted work. The certificate of registration of Copyright acts as evidence before any court of law in reference to your ownership. It acts as intellectual property and the goodwill can be bequeathed, sold or rented out by the owner. It preserves the original work and protects it from being duplicated. The copyright protection granted by the Indian legal system is widely accepted by many foreign countries which allow the work to seek privilege in those countries. Registration makes the work more publically acceptable and it can be easily identified and searched with the registered database.   DOCUMENTS/DETAILS REQUIRED. IDENTITY PROOF: The identity proof of the author and the applicant must be produced. CERTIFICATE OF INCORPORATION: If the copyright is registered on behalf of a company then the certificate of incorporation must be produced. CLASS, DESCRIPTION, AND TITLE OF WORK COPY OF THE WORK: The copy of the work, if not in English then with a translation in English must be made. DETAILS OF PUBLICATION: If the work is published then the details of such publication must be made. POWER OF ATTORNEY IN FAVOUR OF THE ATTORNEY NOC FROM AUTHOR/PUBLISHER(if applicable) SEARCH CERTIFICATE: Search Certificate is required from the Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods. Registration Process PROCEDURE FOR COPYRIGHT REGISTRATION An application form containing all the details of the work and the creator must be filled in Form IV. The application must be duly signed by the applicant and the advocate or power of attorney must be executed. The filled application along with the copy of work have to file with the Registrar of Copyrights at Copyrights office. The payment can be made through demand draft, postal in favor of Registrar of Copyrights or through E-payment. A statutory time limit of 30 days is given to raise an objection. In case no objection is raised copyright is granted and in case any objections are raised, the registrar hears both the parties then decides. It normally takes 2 to 3 months’ time for successful registration of copyright.   Click here to read more about “Patent Registration”. Click here to read more about “Design Registration”. Step 1 The aggrieved must apply to the Registrar of Intellectual Property Appellate Board using Form TM 26 or TM 43 (for collective or certification mark), stating the reason to rectify with remitting the prescribed fee. Step 2 The registrar will then send notice to the proprietor of the trademark to file a counter statement. Step 3 Both the parties will then have to file affidavits producing their evidence. Step 4 The matter will then be put before the Registrar or Board for hearing. Step 5 After hearing the sides the Registrar or Board will come to a decision and an order will be passed. FAQs For how long a copyright is valid ? The validity of a Copyright is 60 years. The computation of the number of years starts from the date of death of the author in case of literary, artistic, dramatic and musical works. Whereas in the case of cinematographic films, sound recordings, photographs etc. the computation initiates from the date of publication of work.   Can titles and names be copyrighted ? Short words like titles, names, logos cannot be copyrighted but can be trademarked. Copyrights only protect original works with creativity and will not protect mere ideas or concepts.   Why do we need to copyright a work ? The main objective

Home / Services We help you in creating a strong foundation of your business View More Trademark Rectification   ERRORS/IRREGULARITY IN TRADEMARK? DON’T WORRY WE ARE HERE TO HELP YOU. Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. And the owner of the mark can get it registered considering various conditions laid down by the Trademarks Act and Trademark Rules. If any person is aggrieved by the registration of a trademark due to any errors or mistakes in it, they can approach the registrar to apply for rectification of the trademark which means to remove the mark from the registry. eStartIndia comprises of best professionals who would help you in filing an effective Trademark Rectification or a counter-statement before the Registrar by understanding your grievances and identifying the best possible defenses that can address the issue. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification. eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored as per your requirements. Get a free Consultation for Trademark rectification with Our Top Rated Experts with a simple registration.   GROUNDS FOR RECTIFICATION OF TRADEMARK Grounds for rectification is mentioned under Section 57 of the Trademarks Act 1999. Contravention or Failure: – if it is found that the owner of the registered trademark has failed to comply with the conditions of the register, then such registration can be rectified. Absence or omission: – when the registrar omitted an entry or conducted fraud in the process of registration a rectification will be made. Non-payment of Registration fee: – if it is found that registration fee was not paid then it shall be rectified.   WHO CAN APPLY FOR RECTIFICATION OF TRADEMARK? Any person aggrieved by the entry of the trademark in the Trademark Register can apply for rectification or cancellation or removal of the trademark from the registry to the Registrar or Appellate Board.   WHERE CAN THE APPLICATION FOR RECTIFICATION BE MADE? The application has to be made to the same Trademark Registry under which the Trademark set for rectification was registered or to the Intellectual Property Appellate Board. Registration Process PROCESS TO FOLLOW  eStartIndia comprises of best professionals who would help you in filing an effective and well-drafted Trademark Opposition or response to the opposition before the Registrar. Step 1 The aggrieved must apply to the Registrar of Intellectual Property Appellate Board using Form TM 26 or TM 43 (for collective or certification mark), stating the reason to rectify with remitting the prescribed fee. Step 2 The registrar will then send notice to the proprietor of the trademark to file a counter statement. Step 3 Both the parties will then have to file affidavits producing their evidence. Step 4 The matter will then be put before the Registrar or Board for hearing. Step 5 After hearing the sides the Registrar or Board will come to a decision and an order will be passed. FAQs Who can file for rectification of trademark ? Any person aggrieved by the registration of a trademark can apply for rectification before the Registrar by showing the irregularities in the registration.   Can an application for rectification be made when there is suit for infringement is pending before the civil court ? The application shall be made to the same registry where the registration of the said trademark was made. Can an appeal be filed for the rejection of opposition or response filed ? The application can be made but if the suit is pending before the civil court regarding the validity of trademark then the hearing can only be conducted by the IPAB and not the registrar.   Where can the advertisement of the application for registration are found ? The fraud conducted by the registrar, error in registration, false entry made, contravention of terms, non-payment of registration fee etc. are the grounds for rectification Related Services Trademark Rectification Read More Trademark Opposition Read More Trademark Assignment Read More Trademark Renewal Read More Load More

Home / Services We help you in creating a strong foundation of your business View More Trademark Opposition   ARE YOU UPSET THAT SOMEONE OPPOSED YOUR APPLICATION FOR TRADEMARK REGISTRATION? OR REALLY WANT TO OPPOSE SOMEONE’S APPLICATION Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. Once an application is filed before the registrar, it will be kept for examination and the successful approval will lead to advertising the application in the Trademark Journal before it is registered. This advertisement is made to invite any opposition that a person raise against an application. The opposition can be raised on various grounds against the mark for being deceptive, cause confusion, scandalous, a threat to national security or similar with an existing mark or to. eStartIndia comprises of best professionals who would help you in filing an effective and well drafted Trademark Opposition or response to the opposition before the Registrar. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification. eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual. Get a free Consultation for Trademark opposition with Our Top Rated Experts with a simple registration.   WHO CAN FILE AN OPPOSITION? Any person, irrespective of their interest in the case can file an opposition before the registrar. Section 21 of the Trademark Act gives the right to any person to oppose the registration of a trademark. The opponent’s registration status in the trademark registry is immaterial.   WHAT MUST BE INCLUDED IN YOUR REPLY/OPPOSITION? A brief and specific reasons to raise opposition or answers to opposition. Relevant case laws to support your opposition/reply. To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT. Other evidence supporting the inherent usage of the mark and establish distinctiveness. Evidence to prove that the applied trademark is a well-known trademark used by one other competitor. Registration Process PROCESS TO FOLLOW  eStartIndia comprises of best professionals who would help you in filing an effective and well-drafted Trademark Opposition or response to the opposition before the Registrar. Step 1 CONSULT WITH eStartIndia : After an advertisement is made the opponent or the applicant who wants to file a response to the opposition can consult with the professionals of our team through online and provide information. Step 2 Our professionals who are experts in identifying the best means for framing an opposition/ response will prepare a specific, effective and quality draft with the consent of the client. Step 3 OPPOSITION/RESPONSE FILING OF : The standard time prescribed for filing an opposition is 4 months from the date of advertisement and a response to an opposition shall be made within 2 months from the date of receipt of notice against the opposition. The experts of eStartIndia will file opposition/response before the registrar within the said period subject to the time taken by the clients in producing evidence. Step 4 TRACKING: Every development in the procedure of Trademark opposition filed by the client will be tracked and intimated from time to time. FAQs Does filing of opposition guarantee non-registration of a trademark ? The acceptance of the reasons laid in your objection is under the discretion of the registrar and the circumstances of each case. Therefore the filing of opposition does not guarantee non-registration.   What are the grounds to file opposition ? The opponent irrespective of their interest in the trademark can file an opposition on the following grounds:- For the mark being generic in nature. If the applicant had a bad intention to deceive the public. If the mark is a threat to the public, against public morality or hurtful of religious sentiments. If the mark falsely represents any geographical area. If the mark is identical or similar to any pre-existing mark. Can an appeal be filed for the rejection of opposition or response filed ? Any person aggrieved by the order of the registrar can approach the Intellectual Property Appellate Board within 3 months from the date of that order.   Where can the advertisement of the application for registration are found ? The advertisement of registration will be published by the officials in the Trademark Journal which is an official gazette of Trademark Registry. Related Services Trademark Opposition Read More Trademark Assignment Read More Trademark Renewal Read More Trademark Objection Read More Load More

Home / Services We help you in creating a strong foundation of your business View More Trademark Assignment   MEANING OF TRADEMARK ASSIGNMENT? Like any other asset, the trademark can also be transferred to another person for commercial purposes. The process of assigning the trademark’s ownership title either partially or fully to a person on consideration is known as an assignment of the trademark. A contract will be created in the form of the deed by the assignor and assignee for the purpose of conducting Trademark Assignment and the assignee must apply to the registrar of trademarks within 6 months from the date of assignment. eStartIndia provides best professionals who would help you in drafting an effective trademark assignment agreement or applying to the registrar for licensing that would broaden the scope of your business interests. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification. eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are specialized and tailored as per your requirement. Get a free Consultation for Trademark assignment with Our Top Rated Experts with a simple registration.   TYPES OF TRADEMARK ASSIGNMENTS COMPLETE ASSIGNMENT: Under this assignment, the complete ownership of the trademark will be transferred to the assignee and no further rights of ownership shall vest with the assignor. SPECIFIC ASSIGNMENT: When only special rights to use the trademark is made available in the agreement then such assignment is known as a specific assignment. ASSIGNMENT WITH GOODWILL: The transfer of the rights will also include the transfer of goodwill. The computation of the goodwill amount will be done separately in the agreement. ASSIGNMENT WITHOUT GOODWILL: Sometimes only the ownership or rights alone will be transferred and the goodwill remains with the assignor. They are also known as gross agreement.  ADVANTAGES OF ASSIGNMENT USE WELL KNOWN BRAND NAME: The assignee will have the advantage of entering a market with an already existing and established brand name that negates the risk of being a fresher in the market. ADDS VALUE: The assignee can add value to its products by acquiring a well-known brand name through the process of assignment. ACTS AS EVIDENCE: An agreement made is always a valid proof when a dispute arises. Therefore assignment helps in reducing risks of fraud.   DOCUMENTS REQUIRED IDENTITY PROOF OF BOTH PARTIES ( passport, driver’s license, voters ID, Aadhaar card or ration card) COPY OF ASSIGNMENT AGREEMENT FORM TM-P PAYMENT OF FEE Registration Process PROCEDURE FOR ASSIGNMENT OF TRADEMARK The parties must identify the type of assignment they wish to have, either with or without goodwill. With the help of a professional, they must draft an agreement expressing their terms and conditions. An application has to be made to registrar using TM-P form and other documents within 6 months from the date of formation of the agreement. The registrar shall advertise the application A copy of the direction of the registrar and advertisement of the assignment has to be submitted before the office of Trademark Registry to ensure that the directions have been followed accordingly or not. The registrar after scrutiny will enter the assignment in the register. Step 1 RECEIVING OBJECTION NOTICE: The trademark registry officials send examinations report after reviewing the application for objections. If you have applied for the Trademark Registration through eStartIndia then our agents will keep a continuous track on the status and inform you. Step 2 DRAFTING REPLY: Considering the reason for objection a reply has to be drafted in such a manner to defend the concerns of the examiner. Step 3 FILING REPLY: The drafted reply must be filed before the registrar within one month from the date of the notice of objection. A time-barred filing of reply will result in the abandonment of the application. Step 4 HEARING: After the reply is filed, the registrar may either accept the application directly when the reply itself was satisfactory or else the registrar may conduct a hearing to give a chance for the applicant to address the issues. Step 5 APPEAL: If the registrar rejects the application even after the hearing process, then the applicant is eligible to file an appeal before the Intellectual Property Appellate Board. FAQs Is licensing of trademark assignment mandatory ? The licensing of the assignment is voluntary. But it is advisable to get the trademark licensed as it has many merits to it and acts as valid proof to the assignment.   Can an assignment be licensed after months’ time limit ? An application must be made to the registrar within 6 months from the date of making an agreement. But the extension of the time period is under the discretion of the registrar.   What is the difference of assignment and licensing of assignment ? A person can just merely create an assignment agreement for the transfer of rights or get it licensed through registrar by applying for licensing. The latter one is more advisable as it creates a protective shield to the assignee.   What are the documents required for licensing a trademark assignment ? A valid identity proof of both parties, a copy of the assignment agreement and a filled form TM-P of Trademarks Act 1999 must be produced along with fee payment. Related Services Trademark Assignment Read More Trademark Renewal Read More Trademark Objection Read More Trademark Registration Read More Load More

Home / Services We help you in creating a strong foundation of your business View More Trademark Renewal   How to renew a Trademark in India? Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. This trademark can be registered and the registration will be valid for 10 years. A registered trademark owner can apply to renew the mark before the expiry of its validity. This renewal will help the owner in extending the ownership over the trademark for another 10 years. The trademark owner can apply to renew the trademark, 6 months before the expiry of the trademark by remitting the prescribed fee and can also apply after 6 months from the expiry of the mark on the payment of a late fee. eStartIndia comprises of best professionals who will assist you in the renewal of your trademark. Seeking professional help is important as the expert hands can draft your application in a way to widen the scope of your trademark ownership rights under different classes. Moreover in the process of trademarking and its renewal, keeping a track on the developments with Trademark Registry is important and that will be handled with ease by our agents and therefore reduces the burden of the clients.  We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification. eStartIndia will help you with all Trademark renewal and other connected services from the comfort of your home by offering you services that are specialized and tailored as per your requirement. Get a free Consultation for Trademark renewal with Our Top Rated Experts with a simple registration.   WHY IS IT IMPORTANT TO RENEW A TRADEMARK The extended benefit of ownership rights. The existence of a registered trademark acts as an intellectual property which is an asset. Therefore ensuring its validation for an extended period is important. When the trademark is registered for a longer period it acts as goodwill. Non-renewal of the mark will result in its abandonment.   WHO CAN APPLY FOR RENEWAL? The owner of the registered trademark on his authorized agent can apply for the renewal of the Trademark.   DOCUMENTS REQUIRED COPY OF REGISTRATION CERTIFICATE. IDENTITY PROOF OF THE OWNER OR HIS AGENT ( Passport, Driver’s license, Aadhaar card, voters ID or ration card) POWER OF ATTORNEY. COPY OF FORM ‘TM-R’. In case of agent applying for renewal AFFIDAVIT by owner authorizing the agent to apply must be produced.   KEY POINTS TO BE NOTED The procedure for renewal can be done 6 months prior to the expiry of the validity, and the owner must begin the procedures as early as possible as the entire procedure for renewal takes time. 10 years of trademark usage brings in the chance of widening the scope of the mark to be represented in various other classes. Therefore a professional can help you understand such widened scope. The owner can apply for renewal either before 6 months of expiry or 6 months after expiry. Non-performance of renewal within this period will result in abandonment of the mark. But the owner can then apply for restoration of the mark within one year from the date of expiry. Registration Process PROCEDURE FOR RENEWAL OF TRADEMARK. The registrar will notify the owner regarding the expiry of the validation. Once a notice is received the owner can apply before the registrar for the renewal of trademark with the required fee and other document but within 6 months before the expiry of the validity of the mark. If the application for renewal is made after 6 months from the expiry of the mark, then the applicant must remit late fee along with the documents required. Non-renewal of the mark within the time will lead to the abandonment of mark. But an application for restoration of Trademark can be made within one year from the date of expiry. After the scrutiny, the registrar will issue a Certificate of Renewal to the applicant.   Click here to read more about “Trademark Opposition” Step 1 RECEIVING OBJECTION NOTICE: The trademark registry officials send examinations report after reviewing the application for objections. If you have applied for the Trademark Registration through eStartIndia then our agents will keep a continuous track on the status and inform you. Step 2 DRAFTING REPLY: Considering the reason for objection a reply has to be drafted in such a manner to defend the concerns of the examiner. Step 3 FILING REPLY: The drafted reply must be filed before the registrar within one month from the date of the notice of objection. A time-barred filing of reply will result in the abandonment of the application. Step 4 HEARING: After the reply is filed, the registrar may either accept the application directly when the reply itself was satisfactory or else the registrar may conduct a hearing to give a chance for the applicant to address the issues. Step 5 APPEAL: If the registrar rejects the application even after the hearing process, then the applicant is eligible to file an appeal before the Intellectual Property Appellate Board. FAQs What is the maximum time one can renew the trademark registration ? There is no maximum time limit. One can renew their trademark as many times as they wish to.   Which form has to be submitted for renewal of trademark registration ? Form TM R under Trademark Rules 2017 has to be submitted along with other documents for trademark registration.   Does the application for renewal guarantee extension of validation ? No, the allowing of renewal is under the discretion of the registrar. After scrutiny, the registrar decides whether to allow renewal or not. But generally, the registrar accepts the renewal.   What are the benefit of renewing trademark ? A renewing trademark allows extended usage of trademark ownership, improves goodwill and remains as an asset to the owner.   What are documents required for renewal of trademark ? Copy of registration, identity card, power of attorney, affidavit

Home / Services We help you in creating a strong foundation of your business View More Trademark Objection   Does your trademark registry status show the word “Objected”? Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. If your status in the trademark registry shows that it is “objected”, it means that the registrar finds the mark you selected in the application filed is not eligible for being registered. The registrar can object the registration of your trademark on the grounds stated in Section 9 and Section 11 of the Trademarks Act 1999. And a reply can be filed by the applicant within one month from the date of receipt of Examination Report before the registrar to reconsider the application for registration. Filing an effective, well-framed objection to justify the reasons for objection will be satisfactory and the registrar becomes more likely to allow the registration of your trademark. eStartIndia comprises of best professionals who would help you in filing an effective reply for Trademark Objection before the Registrar. We also provide for trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification. eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored as per your requirements. Get a Free Consultation for any Trademark objection with Our Top Rated Experts with a simple registration.   Why choose eStartIndia? We are a team of competent professionals in this field and we offer you the best services like IDENTIFYING REASON AND DEVELOP STRATEGY: – We identify the reason for the rejection of your application and the concerns of the Examiner. After a discussion with the client, our professionals will develop a strategy that will defend the grounds for objection. FILE REPLY: – A reply that addresses all the issues raised in the objection will be drafted and filed before the registrar after obtaining your consent. TRACKING: – We don’t end our service there!!!. We keep a check on all the developments in the objection filed from time to time which reduces the burden of the client from missing out any direction. NOW KEEP THIS IN MIND:- The argument for each reason for objection will be different. Only quality and professionally drafted reply for objection can cure the issue. If an objection is filed under Section 9 for the mark is not distinctive or indicating the quality, quantity and the nature of good, then in order to overcome the hurdle, it must be shown that mark was obtained inherently or out of continued usage. And in the case where the objection is raised in accordance to Section 11 for being similar or identical to any pre-existing mark then proofs shall be produced to show how distinctive the mark is from others or establish the extensive usage of this mark by the applicant.   WHAT MUST BE INCLUDED IN YOUR REPLY? A brief and specific answer to the objection. Relevant case laws to support your objection. To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT. Other evidence supporting the inherent usage of the mark and establish distinctiveness. Click here to read more about “Trademark Assignment”  Registration Process PROCESS OF TRADEMARK REGISTRATION eStartIndia will help you in Trademark Registration from the comfort of your home, offering you services that are very specialized and tailored for each individual. Get a Free Consultation for Trademark Registration with Our Top Rated Experts with a simple registration. In this era of advanced technologies, the registration of a trademark can be done both online and offline and is dealt with under Chapter III of the Trademark Act 1999. The process of registering the trademark has become less tedious when done through online following the steps listed down:- TRADEMARK SEARCH:- A trademark search will be conducted by eStartIndia to check whether your selected mark is available and in case of unavailability, we will assist you in creating a distinctive mark that is accessible. SELECTION OF CLASS:-The trademark registry has classified the goods and services under 45 classes and the applicant must select a class under which its products/service shall fall in order to register the trademark. PREPARATION OF APPLICATION:- Registration can be done by filling the application for Trademark Registration which shall contain the details regarding all relevant details of your business, logo, name, slogan, etc. under which you are intending to register the trademark. eStartIndia will prepare your application with the assistance of the information and documents submitted. FILING OF APPLICATION: – Once the application is prepared and signed, eStartIndia will file the application before the Trademark Registrar. Then the applicant will be awarded the TM number that will allow the applicant to track their application and use the ™ symbol for your products. VIENNA CODIFICATION: – The next step is to affix the Vienna classification to adhere to the provisions of the Vienna Agreement 1973. And the application status at this stage will be reflected as “sent for Vienna codification”. EXAMINATION AND APPEAL: – After the completion of Vienna codification the application will be examined by the Trademark Officer, where the officer has the discretion to object or accept the application. In case the application is rejected the applicant has the right to file his objections before the officer and in case of further dissatisfaction, the applicant can approach the Intellectual Property Appellate Board. The assistance for filing an objection and other related procedures is also offered by eStartIndia. PUBLISHING OF APPLICATION:- The application is accepted by the officer becomes eligible to be published in the Trademark Journal where it acts as an advertisement for the public to raise an objection against the said Trademark Registration within 90 days from the date of such publishing. And in case of genuine objections raised within the said period, the matter will be put to hearing before the Trademark Hearing Officer. REGISTRATION CERTIFICATE: – When no objections are raised or if the objections are raised didn’t stand after hearing then a Trademark manuscript and Trademark Registration certificate will be sent to the applicant that shall grant the applicant with the exclusive rights of trademark