Trademark Registration in India2022-09-26T20:32:37+05:30

Online Trademark Registration in India

Trademark registration is a process where the owner of trademark applies for registration of his unique trademark or brand name with the Trademark Office in order to get exclusive rights over it.

Online Trademark Registration in India starting at just ₹1499*/- (consultation fees)

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    Online Trademark Registration in India

    Intellectual Property Rights are a very important asset class for any business, startup, or enterprise. Developing and protecting intellectual property such as Trademark, Patent, Designs, and Geographical Indication (GI) with proper registration can help them to gain a competitive advantage. It is essential to obtain trademark registration for the business name/trade name under the Trademarks Act 1999. Registration of a company or business in India does not by itself give protection for your name/brand name against others who might start using identical or similar marks.

    A trademark (also known as a brand name) may be a name, signature, word, letter, numeral, symbol, logo, device, packaging labels, tagline, the shape of goods, or any combination thereof to distinguish it from other similar goods or services originating from another seller. It is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

    A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another person/entity to use the same in exchange of agreed consideration.

    Who can file application for Trademark Registration?

    • An Individual Person
    • Joint Owners
    • Proprietorship Firm
    • Partnership Firm
    • Limited Liability Partnership
    • Indian or Foreign Companies
    • Trust, Society, NGO’s
    • Banks, Insurance Company, Financial Institution, Stock Market Intermediaries
    • Government Ministries, Departments, and Agencies
    • Schools, Colleges, Institutions and Universities

    What can be registered as a Trademark

    • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person).
    • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
    • Letters or numerals or any combination thereof.
    • Devices, including fancy devices or symbols
    • Monograms
    • Combination of colours or even a single colour in combination with a word or device.
    • The shape of goods or their packaging
    • Marks constitute a 3- dimensional sign.
    • Sound marks when represented in conventional notation or described in words by being graphically represented

    Benefits of Online Trademark Registration in India

    • Exclusivity of the mark

      Once the trademark is registered, the owner of the trademark enjoys exclusive rights over it. It ensures that he has sole ownership of the trademark and can use it in respect of various goods and services under which it is applied. Further, the owner can prevent the unauthorized or illegal use of his brand name or logo. If anyone wants to use a registered trademark, he has to obtain prior approval from the owner.

    • Legal protection 

      A registered trademark will not only protect unauthorized use of a brand name or logo but shall also give the power to take legal action against infringement, misuse, or imitation of a brand name or logo by any person/entity or competitor. Further, the owner of a registered trademark can claim appropriate damages and compensation from the person who has infringed his trademark.

    • Goodwill and Prestige

      A registered trademark can be used for building a franchise model, it can be sold, rented, assigned, or transferred to any person. Customers associate the quality of products with the brand name, which helps in differentiating products from another seller and gradually a trademark becomes a mark of quality goods and services. It not only adds value to the business but also builds goodwill and prestige for the brand.

    • Asset to the Organization

      A registered trademark is an intangible asset to the organization. A lot of organization invests a significant amount in the formation of Intellectual Property for the organization which in return transforms into Intangible asset for the organization. This helps the company to increase the valuation of the overall business.

    • Global Representation 

      The trademark registered in India can be further registered in different countries globally. The applicants who wish to register marks outside India can take advantage of the goodwill and reputation acquired and provide evidence of registration in India.

    Different Types of Trademark Symbols

    •   ‘TM’ Symbol

      The TM symbol can be used by an applicant after he makes an application for a trademark. It can be used with the brand name until the trademark is unregistered and the application is in pending status. It is generally used to inform the public about the exclusive claim over the brand.

    • SM SM Symbol

      SM stands for Service Mark. It is used in respect of trademark applications that are filed for services. For example, if an applicant has applied for a trademark in relation to Information Technology (IT) services, it’s a service mark. However, a trademark applied under the service class can use anyone of the mark “TM” or “SM”

    • ® – R Symbol

      The R symbol can be used by the applicant once a trademark is registered and a certificate of Registration is issued by the Registrar of Trademarks. It denotes that the trademark is registered and is protected against any kind of infringement. You are not allowed to use the circled R before you receive the registration.

    • © – C Symbol

      The C symbol stands for copyright. It protects the original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. The C symbol is used along with the copyright holder’s name and the year of first publication. The use of the C symbol is not mandatory in India. However, in some countries, it is mandatory to use this symbol to claim copyright protection.

    What Is Included In our Online Trademark Registration in India package?

    • Consultation and selection on Appropriate Trademark Class for Product/Services

    • Preliminary search report of the brand name

    • Documentation and Application for Trademark Registration

    • Government Acknowledgement and Challan after filing Trademark Application

    • Regular updates on the status of Trademark Registration

    Procedure for Online Trademark Registration in India

    • Trademark Search and Availability Check

      In the very first step, you have to provide us with the information about the brand name or logo and details of the business to be carried out under the brand name. Accordingly, we shall select the appropriate trademark class, conduct a search for the proposed trademark and inform you about the availability options.

    • Documentation and Preparation of Trademark Application

      Once the trademark is finalized, you have to provide us with the required documents as per the checklist and we shall prepare the required form and application for Trademark registration.

    • Filing of Trademark Application

      Once, the Trademark documentation is completed, we shall file the Trademark Application along with the documents submitted and pay the required government fees. You will receive the Government Acknowledge receipt and challan after successful submission.

    • Start using the trademark with “TM” mark

      Once the application is successfully submitted, you can start using the trademark with a “TM” mark till the trademark is registered or refused.

    • Get the Trademark Registration Certificate

      If there is no objection or opposition to the applied trademark, then the trademark will be registered with a period of 8 months to 1 year, as may be processed by Trademark Office and you shall receive a copy of the Trademark Registration Certificate

    Documents Required for Online Trademark Registration in India

    • Brand Name and/or Logo

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • MSME Registration or Start-up Registration (Optional)

    • Board Resolution or Authorisation letter

    • User Affidavit (If the Trademark is already been used before the date of application)

    FAQ

    Do I need to be physically present during this process?2021-09-17T20:12:03+05:30

    No, trademark registration is a completely online process. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    How long does it take for a trademark to be registered?2021-09-17T20:10:52+05:30

    It generally takes about 8-12 months for a trademark to get registered, the processing time at Trademark Office generally depends on many factors. If the Trademark gets objected or opposed by someone it may take a much longer time.

    How to select a brand name or trademark?2021-09-17T20:10:18+05:30

    Trademark should be short, easy to speak, spell and remember. It should be invented or unique and should not be identical or similar to other trademarks. Also, avoid the selection of a geographical name, general words, common personal name, or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or descriptive words.

    I have my brand name and a logo, should I apply for two different trademarks application or file a single application?2021-09-17T20:06:34+05:30

    A single application can be filed consisting of brand name and logo, but if you want to have the brand name in one application and logo in another, then you can go for two different applications.

    Will I get any kind of concession if my organization is an MSME or registered under Startup India?2021-09-17T20:06:13+05:30

    Yes, if you are a Company/LLP/Firm/Any other Organization and registered under MSME or Startup India, you would have to pay only 50% of government fees applicable to a registered entity.

    Should I apply for the trademark as “Proposed to be used” or show the “used since” date?2021-09-17T20:02:52+05:30

    You can apply for a trademark under any one of the options. Trademark can be applied as “Proposed to be used” where the applicant has not started to use the brand name or logo and is yet to launch the product/service in the market. Whereas, used since can be shown along with an affidavit where the trademark is already been used in the market since adoption.

    What is the validity of my Trademark?2021-09-17T14:24:29+05:30

    A registered trademark shall be valid for a period of 10 years from the date of initial application. It has to be renewed every 10 years thereafter by making the required application along with the fees. Don’t worry! You don’t have to reapply for the entire registration process every 10 years. You can get it renewed 6 months before expiry by just paying the nominal renewal fees. You even get a reminder from the Trademark Registry informing about the renewal. If you keep renewing it you can keep the trademark with you for a lifetime.

    What if a similar name is already registered, will I get a trademark for a similar name?2022-05-12T00:47:10+05:30

    As per the Trademark law, if you are using a certain brand name for many years, you can still be granted registration keeping in mind the goodwill attached with your name over the years. In other cases, if you’re brand name is similar to other registered trademark it is difficult to get the registration of your brand name.

    Can an NRI, Foreigner, or entity registered outside India apply for Trademark registration in India?2021-09-17T13:55:09+05:30

    Yes, an NRI, foreigner, or entity registered outside India may obtain trademark registration in India.

    Can any correction be made once the trademark application has been made?2021-09-17T13:50:49+05:30

    Yes, an applicant may before the registration of the trademark can apply in Form TM-M accompanied by the prescribed fee for the correction or any amendment in his trademark application but the basic principle is that the trademark applied for should not be substantially altered affecting its identity or substitute a new specification of goods or services. Subject to these guidelines, minor changes are permissible.

    Can my brand name and company’s name be different?2021-09-17T12:49:00+05:30

    Yes, your brand name/trademark may be different from your company or LLP or Firm name.

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