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Trade Mark – Registration Process & Validity

Trade Mark

Trade Mark – Registration Process & Validity (4 Step Process)

Trade mark is a symbol, combination of characters or numerals used by a company to uniquely identify its goods or services from others in the market. Trade mark registration can help prevent repetition or duplication of a goods or service by competitors or other persons. Today most businesses are involved in building a brand and invest significant amount of resources into advertising and marketing initiatives. For such businesses, a trade mark registration will ensure that their investment and efforts are protected from unscrupulous copy-cats. In this article, we look at the registration process, types of trade mark and validity of a registered trade mark in detail.

To register a trademark, get in touch with an IndiaFilings Advisor at [email protected]

Benefits of Trade Mark

The biggest benefit to having a trade mark registered is for the protection of the brand and the business by contributing to the goodwill of the business. Further, having a strong brand can act as a bridge between the customer and the product by ensuring they are loyal and affiliated to the business for a long time. 

The following are some of the other benefits:

  • It gives credits to the source of the product or service.
  • It guarantees its quality
  • It helps in the advertisement of goods and service.
Infographic 7 Reasons to Get Trademark
Infographic 7 Reasons to Get Trademark

Validity of Registered Trade Mark

Once a trade mark application is filed with the Trade Mark office, the applicant can begin using the TM symbol. If the trademark is registered, the applicant can use the R symbol. All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration.

Know more about Trade Mark renewal.

Documents Required for Trade Mark Registration

The following is the list of documents required for trade mark registration in India:

  • A copy of the trademark or of the logo. In case of trade mark for word, logo is not required.
  • Applicant’s details like name, address and nationality.
  • In case of company or LLP, the incorporation certificate.
  • Udyog Aadhar registration, in case the company is eligible for lower filing fee.
  • Description of goods or services represented by the mark.
  • Trademark class under the application must be filed.
  • Power of attorney in Form 48 Format should be signed by the applicant

Trade Mark Registration Process

Registration for trade mark can be easily done in four steps and they are as follows:

Step 1: Trademark Search

The first step is trade mark search. The search should be done in both for various combination of similar marks on the intellectual property website. In case similar marks are found, check the description to see if the mark represents the same set of goods or services proposed by you.

Step 2: Application Preparartion

In the second step, an application is prepared by the Trade Mark Attorney. Form 48 and TM-1 will be prepare for approval and signature of the trade mark applicant. 

Step 3: Application Filing

In the third step, the trade mark filing is completed with the Trade Mark Registry. The Government fee for registering a trade mark for an individual, startup, small enterprise is Rs.4500. For all other types of applicant, the Government fee is Rs.9000. there is a separate fee setup for the attorney professional which is Rs.3500 for each application. 

Step 4: Government Processing

Once a trade mark application is filed and the Government is processing the application, the status of the trade mark application must be checked periodically. In case of objection, an objection reply must be submitted by the applicant within 30 days. Similarly, in case of opposition, the applicant must respond in a time-bound manner to allay the concerns of the counter-party.

Know more about trademark status.