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. On registration of a trademark, the mark becomes an asset of the company and is protected against misuse under the Indian law. Thus to protect a brand or business name from being copied by others, the inventor of the must must apply for trademark registration. The process for trademark registration involves various steps and followup with the Government. Hence, it is essential to hire an expert for trademark filing to maximise chances of obtaining trademark registration. 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.
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. 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.
Registering a trademark provides legal protection against misuse of any business name or brand or logo by a competitor. A registered trademark grants the trademark owner exclusive nationwide ownership of the mark under the Indian laws.
A trademark registration will be valid for 10 years from the date of application. Before or at the end of 10 years, the trademark owner can easily renew their trademark by filing for renewal.
The ™ symbol can be put next to a business name or brand or logo once a trademark application has been filed with the Government. Putting a ™ symbol next to a brand indicates to competitors that you have filed a trademark application claiming ownership over the trademark.
A registered trademark can use the R symbol to indicate that the business name, logo or brand is registered under the Intellectual Property laws of India. In case any person copies a trademark that is registered, the trademark owner has the right to legal remedy including obtaining an injunction barring unauthorized use.
After filing the trademark application, registration of the mark can happen between 6 - 12 months, subject to Government processing timelines. If a trademark application is objected or opposed, the registration process can take longer.
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.
The process of trademark 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.
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.
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.