Trademark Registration
A trademark is a symbol, word, design, or a combination of these that distinguishes a product or service from those of others in the marketplace. Getting it registered protects the trademark owner’s rights to use the trademark exclusively and helps in preventing others from using it.
Eligibility
The minimum number of members required to form a Nidhi company is 200.
The minimum paid-up capital required is INR 5 Lakhs.
All directors of the company must be Indian citizens and residents.
 The company must have a minimum of three directors.
Document Required
PAN Card of all directors.
Address proof of all directors (Aadhar Card/Voter ID/Passport).Â
Passport size photographs of all directors.Â
Rent Agreement (in case of rented premises).
NOC from the owner of the premises (in case of owned premises).
Benefits
easy to set up and require fewer formalities compared to other types of NBFCs.
Low Cost of Funds
eligible for government subsidies and grants
Nidhi companies are owned and managed by their members.
Issues with Trademark Registrations
Registering a trademark in India involves navigating a legal process to protect unique symbols, names, and expressions associated with a business. Here are ten common problems that individuals or businesses may encounter while registering for trademarks in India:
1.Selection of Distinctive Mark: Choosing a distinctive and unique trademark that is not similar to existing trademarks can be challenging, as it needs to stand out in the marketplace.
2.Comprehensive Trademark Search: Conducting a thorough search to ensure the chosen trademark is not already in use or registered can be complex, and overlooking existing trademarks may lead to rejection.
3.Inadequate Knowledge of Trademark Classes: Identifying and correctly classifying goods and services under the appropriate classes is crucial for successful trademark registration, and lack of understanding may lead to errors.
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FAQ
A trademark is a symbol, word, design, or a combination of these that distinguishes a product or service from those of others in the marketplace. Getting it registered protects the trademark owner’s rights to use the trademark exclusively and helps in preventing others from using it.
Any distinctive mark such as logos, names, slogans, designs, or combinations of these can be registered as a trademark in India.
On average, the trademark registration process in India takes about 6 to 12 months from the date of filing to the grant of registration.
Yes, it is recommended to conduct a trademark search before filing a trademark application to ensure that the desired mark is available for use and registration.
Yes, a business name can be registered as a trademark if it is distinctive and has not been previously registered by another party.
Yes, it is necessary to use the trademark after registering it in India. Non-use of a trademark for a continuous period of five years may result in its cancellation.
Yes, a trademark can be registered for multiple classes of goods or services, but a separate application must be filed for each class.
The fee for trademark registration in India varies based on the number of classes applied for and the type of trademark application being filed. On average, the fees for filing a trademark application in India range from INR 9,000 to INR 20,000.
The duration of trademark registration in India is 10 years from the date of filing and is renewable every 10 years thereafter.
Yes, a trademark can be transferred to another party in India through an assignment agreement.
If a trademark infringement occurs in India, the trademark owner can take legal action against the infringing party. The remedies available may include an injunction, damages, and/or an order for the infringing party to cease using the trademark.
Yes, a trademark can be renewed in India after its expiration by filing a renewal application within a specified timeframe.
The process for registering a trademark in India includes conducting a trademark search, preparing and filing a trademark application, and waiting for the trademark to be examined and granted by the Indian Trademark Office.
A trademark attorney can assist in the trademark registration process in India by conducting a trademark search, preparing and filing the trademark application, and representing the trademark owner in case of any objections or oppositions.
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