Know the Trademark Registration Online process, eligibility and documents required for Trademark Registration. Secure GSTIN number with the help of experts on the applicability and compliances under GST for your business and get your business Registered under GST.
IndiaFilings has filed over 50,000 trademark application in India and helps various businesses with a complete suite of services to manage their brand names.
The process for trademark registration involves various steps and follow-up with the Government. Hence, it is essential to hire an expert for trademark filing to maximize chances of obtaining Trademark registration.
An IndiaFilings Trademark Consultant can help you easily complete a trademark search and provide advice on the classes under which the trademark registration should be made.
A trademark is a word or symbol used by a business to distinguish its goods or services from other competitors.
Business names, brands and logos can easily be trademark through IndiaFilings by filing an application online. Once a trademark application is filed, the trademark applicant can begin using the ™ symbol with the brand.
Thus to protect a brand or business name from being copied by others, the inventor of the must must apply for trademark registration.
Trademark filing is a simple, online process which can be completed within 24 hours. IndiaFilings has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands.
There are a certain set of documents that need to be signed, scanned and sent to us. The list is given below.
Trademark search will help gauge the availability of a mark and to find if any other similar or identical mark exists. The client can proceed depending on the availability of the mark.
The World Intellectual Property Office (WIPO) has organised all goods & services under 45 classes. The first 35 classes denote products and the rest services.
Businesses can start using the ™ symbol alongside their brand as soon as the trademark registration application is filed. This symbol is NOT indicative of registration.
The ® mark can be used once the trademark application is approved & registration is complete. The entire process usually takes eight to ten months.
Trademark Registration process begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the search is complete, you will proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government.
Once the trademark registration application is filed with the trademark registrar, a trademark application allotment number is provided within one or two working days. The application can then be tracked online through the online trademark search facility. On obtaining the allotment number, the owner of the trademark can affix the TM symbol next to the logo.
The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. Once the application is filed, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as "sent for Vienna codification".
Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.
If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.
Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks’ time.
If the trademark registration application is opposed by a third-party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.
If there are no objections or oppositions to the application, the trademark manuscript and trademark registration certificate will be prepared. Once the trademark registration certificate is issued, the mark is considered to be a registered trademark of the owner, granting the owner exclusive use of the mark. The symbol can now be placed next to the logo.
Trademark registration is basic to get your product, service or business get noticed. Registering a trademark will ensure that there is no doppelganger in the name of your products and service. Therefore, trademark registration will assure you rights and ensure your intellectual property resources.
A trademark owner ought to know the advantages trademark registration bestows. Here, we have listed some of them:
Registering a Trademark will help the Trademark owner enjoy some exclusive rights. The exclusive mark allows the Trademark owner to use the same name for all the products and services offered. The owner here enjoys the sole ownership of the Trademark and prevents others from using the same Trademark where it is registered. Here, it gives privilege to the prosecute an unauthorized user of the registered Trademark.
Trademark registration provides legal protection against the misuse of any kind including infringement, copying company’s name or logo as they are the significant assets for a company.
The owner is here granted exclusive rights to the mark which can be legally upheld in any court in any part of the country.
The logo is the identity of the product which helps the brand to create value overtime. A strong brand will pull new customers as well as anchor the existing customer base.
The trust and goodwill of the customer is established by the quality of the products and services offered by you. Registering a business at an early stage helps in creating a permanent customer base and generate more business for the trademark owner as well.
Registering a Trademark helps the customers to find the products and services offered by you easily. It make your product or service stand out within your contemporary and expected contenders which is an effective tool for promoting your business. The vision, quality and uniqueness of your company is conveyed through the logo you chose.
Enlisting the Trademark makes an Intellectual property of the company. An enrolled Trademark acts as a priveleged which can be sold, assigned, franchised and made economical contracts of. It acts as an invisisble asset for the organization.
A trademark application can be filed by any person or legal entity. The person or legal entity can also be a foreigner or foreign entity. Further, trademark applications can also be made for marks that are proposed to be used by the applicant in the future.
Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation.
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.
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.
TM, R and C symbols are frequently used with a trademark or Copyright to indicate certain aspects of an intellectual property registration. Take a look at the common usages of these symbols
There is a lot that one must know when it comes to trademark registrations. Registering your Trademark with IndiaFilings comes with aplenty of benefits as it is done with due care.
Online Registration of a Trademark is done starting at just Rs. 5988 through IndiaFilings. Once the registration is done you simple need to pay the maintenance cost and the renewal cost which is to be paid after 10 years.
The pros of registering a Trademark are more than the amount he has invested for registration. Though it may not be determined in fiscal terms in the present moment the market turnout offered by a registered Trademark plays an important role in business development. Apply for trademark registration today.
All Inclusive Pricing - No Hidden Fee
all inclusive fees
Trademark filing under one class for proprietorship and small enterprises. Inclusive of government fee and taxes.
all inclusive fees
Trademark filing under one class for proprietorship and small enterprises. Logo designing by Graphic Designers. Inclusive of government fee and taxes.
all inclusive fees
Trademark filing under one class for large enterprises not eligible of MSME registration. Inclusive of government fee and taxes.
The following forms must be provided for renewal of a Trademark along with the allotted fee.
|Form No.||Purpose||Cost (physical filing)||Cost (e- filing)|
|TM-R||Application form for renewal of a registered trademark to be used by the registered proprietor||Rs.10,000||Rs.9000|
|Application for renewal with a surcharge of registration of a Trademark||Rs.5000 + Renewal fee||Rs.4500 + Renewal fee|
|TM-18||Affidavit in support of the statement of the case||-||-|
Trademark infringement occurs when a trademark used by a person is similar or identical to that of a registered trademark rights of another person or company in the jurisdiction.
The most common standards for testing trademark infringement are:
(a) close similarity of a mark and its associated goods and/or services to a prior registered trademark and its associated goods and/or services; and/or
(b) use of a mark that creates a likelihood of confusion with a prior registered trademark among the relevant consumers.
A person is considered to be applying a trademark wrongfully if:
For the above offences, a person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
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 mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
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. Trademark registration is granted for that specific class of goods or service.
No, any 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.
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 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 the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.
If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
If the trademark examiner raises an objection to the application and if there is no response to the objection notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
Last updated: Feb 20, 2021