Any person or entity can file a trademark application in India. Unique names and prior usage of mark will help boost chances for getting the mark registered.
IndiaFilings offers free trademark searches. Prior to applying for a trademark registration, doing a trademark search can help uncover similar or identical marks.
A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
IndiaFilings is the market leader in trademark filing services in India, offering a variety of trademark services like trademark filing, trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an IndiaFilings Trademark Expert.
A detailed guide to trademark registration process and procedures in India. IndiaFilings can help you obtain trademark registration for your logo or brand.
List of documents required for trademark registration in India.Trademark registration process in India has been simplified by the Government and Entrepreneurs can now easily obtain trademark registration for their brands within a few months.
Difference between patent vs copyright vs trademark in India. Comparison of applicability and validity period for all three intellectual property filings.
Trademark registration must fall under one of the 45 class for goods and services as defined by WIPO. Find the trademark class applicable for your goods or services based on our search. Easily find trademark class, complete trademark search and register a trademark on IndiaFilings.
Top reasons for trademark objection and procedure for replying to objection. Most trademark objections can be overcome by replying to examination report.
Detailed information on trademark infringement with legal definition and relief for trademark infringement. Trademark infringement has legal consequences.
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Trademark filing under one class for proprietorships and small enterprises having MSME registration. Inclusive of government fee and taxes.
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Trademark filing under one class for proprietorships and small enterprises along with MSME registration. Inclusive of government fee and taxes.
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Trademark filing under one class for all other enterprises and entities. Inclusive of government fee and taxes.
IndiaFilings offers a comprehensive suite of solution for protection of your trademark in India. Prior to application of the mark and post-application of the trademark, IndiaFilings can help you with consultation on protecting your mark. However, please note that the ultimate authority for registration of a mark rests only with the Trademark Registrar and IndiaFilings or its Employees can at no-stage guarantee registration of a trademark.
Prior to applying for a trademark, we can help you do a trademark search. Under the Trade Marks Act, identical or similar trademarks cannot be registered. It is easy to determine identical trademark from a trademark search. However, the test for similarity is applied by a Trademark Examiner on a case to case basis. Hence, IndiaFilings or its employees cannot predict which trademark applications will be objected.
In case a trademark application is objected by the Trademark Examiner, a reply can be submitted to the objection raised by the applicant with facts and points supporting registration of the mark. Based on the reply, the Examiner can call for hearing or allow the trademark filing to proceed or reject the trademark application
Prior to a trademark application being registered, the Trademark Registrar would publish the mark to be registered in the Trademark Journal and allow a period of 90 days for any person to raise an opposition. IndiaFilings can help you manage trademark oppositions or file an application opposing registration of any other mark published in the Trademark Journal.
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Trademark applications are distinctive to the goods or services it is represents. Therefore, trademark applications are made under a "Class" of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or service it represents.
To standardise the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.
No, trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
Yes, a foreign person or a foreign entity can apply for trademark registration in India.
Any person claiming to be the owner of the trademark used or proposed to be used can authorise the trademark filing. The person can be an individual, company, NGO, etc.,
A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.
Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.
The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.
The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.
Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.
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