HERE'S HOW IT WORKS
1. Fill Form
Simply fill the above form to get started.
2. Call to discuss
Our trademark expert will connect & prepare documents.
3. Get Trademark
We will file your Trademark Application
TRADEMARK REGISTRATION IN INDIA
In today’s competitive business landscape, protecting your brand name, logo or punchline through trademark registration is crucial for long-term success. In this detailed guide, we will see the intricacies of trademark registration in India, covering the process, fees, required trademark documents, benefits, and differences between trademark, copyright, and patent registration. Also, we’ll explore the advantages of choosing Startupwala as your trademark registration consultant.
TRADEMARK REGISTRATION PROCESS
The process of online trademark registration in India involves below steps:
- Fill and Submit: the above .
- Submit a one page trademark questionnaire
- Startupwala expert will clear all your queries
- Legal team will conduct a thorough Trademark search
- Drafting of trade description
- Sign one page authorisation letter
- Filing of trademark application with TM registry
- Getting the Trademark Application number
- Itaxfilings will track and guide you through the entire process
BENEFITS OF TRADEMARK REGISTRATION
Registering a Trademark offers many advantages:
Protection against Copycats
Nobody will dare to copy your brand name once it is a registered trademark
Registered brand is Most valuable asset of the Company
Many brands in the world value their trademark more than their any other physical assets. Brand value is derived only when the company has absolute right over the brand name through trademark protection
Helps in expansion of business and growth
Trademark can be rented and royalty can be earned under licensing agreement. Franchising model solely depends upon trademark licensing and transfer.
Helps in image building and credibility in Market
Customers give more preference to registered brands with TM tag
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
The below documents are required to complete the trademark registration process:
- Trademark application form
- Proof of applicant’s identity and address.
- Logo or image of the trademark (if applicable).
- Details of goods or services covered by the trademark.
- Authorisation Letter or Power of Attorney.
TRADEMARK REGISTRATION FEES, COST & CHARGES
The fees for trademark registration vary depending on factors such as the type of applicant (individual/enterprise), mode of filing (online/offline), and the number of classes of goods/services covered. Generally, the cost includes:
- Government Fee: The Govt fee for filing the trademark application.
- Professional Fees: Trademark attorney or consultant fees starts at Rs.998.
DIFFERENCE BETWEEN TRADEMARK & COPYRIGHT REGISTRATION
While both trademark and copyright protect intellectual property, they serve different purposes:
- Trademark: Protects symbols, logos, names, and slogans that distinguish goods/services in the marketplace. It safeguards brand identity and prevents consumer confusion.
- Copyright: Protects original works of authorship, such as literary, artistic, musical, and dramatic works. It grants exclusive rights to reproduce, distribute, and display the work.
DIFFERENCE BETWEEN TRADEMARK & PATENT REGISTRATION
- Trademark: Protects brand names, logos, symbols, and other identifiers associated with goods/services. It distinguishes products in the market and safeguards brand reputation.
- Patent: Protects inventions or discoveries that offer a new solution to a problem. It grants exclusive rights to the inventor to prevent others from making, using, or selling the invention for a limited period.
WHY ITAXFILINGS
Register Your Trademark & Protect Your Brand Name From Intruders with Online Legal India
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate one’s goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorises it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
In India, anybody who claims to be the trademark owner, whether an individual, proprietor, corporation or other legal organisation, can apply for a trademark. The trademark application can be filed, and the “TM” sign can be used within a few days post registration following registration. The Trade Mark Registry takes a minimum 6-8 months to register if there’s no objection raised by the Registry. In case of an objection, it might take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. R, can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and has to be renewed at the due time.
Who Can Opt for Trademark Registration
01_ Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.
02_ Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
03_ Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners’ names in the application. In addition, if a minor partner is present, the name of the minor’s guardian must be stated.
04_ LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners’ names.
05_ Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
06_ Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.
07_Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
Kinds of Trademark Registration in India
The following are the kinds of trademark registration available in India-
Background of Trademark Registry
The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act’s operational or functional body. It can also be stated to be functioning concurrently. As a functioning entity, the trademark registry administers all of the laws and regulations of the Indian trademark Act.
The trademark registry’s headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a trade mark, the registrar will verify to see if it fits all of the Act’s requirements.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company’s products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
In India, some of the most common trademark classes are:
- Class 9 consists of mobile software (App) and electronics.
- Readymade Clothing is included in Class 25.
- Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
- Education and entertainment are included in Class 41.
Steps Involved in The Plan of Trademark Registration
There are some steps involved in the plan of trademark registration-
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product’s or service’s reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Selection of a Trademark
Remember to select a unique and distinct mark to represent your organisation. Another critical aspect is determining which class you belong to. There are now 45 kinds of products and services for which a trademark can be registered. Classifications 1–34 are for products, whereas classes 35–45 are for services.
Search for The Mark
Once you’ve decided on a mark, you should run a search to see if it’s comparable to an already registered mark. You may do this yourself by visiting the Controller General’s website for Patents, Designs, and Trademarks. A public search option is available on the website. After selecting this option, you must select your class and search the online database.
Application Submission
You can file a single application for several classes, series, or collective trademarks. Form TM-A must be completed for this. This form allows you to register your trademark in more than one class. This form has two distinct cost brackets:
- 9,000 rupees or 10,000 rupees If you are not a start-up, small business, or individual, you will fall into this category. You must pay Rs. 9,000 if you register the form electronically, or Rs. 10,000 if you file the form in person with the Office of TradeMarks.
- 4,500 rupees or 5,000 rupees This category includes individuals, small businesses (with MSME), and new businesses. The fee for e-filing the form is Rs. 4,500, or Rs. 5,000 if you file the form in person.
Make cautious not to make any mistakes when filling out the form since this may result in delays or even rejection of the application. You must fill out all the requirements and provide an image of the trademark with 9 by 5 cm dimensions. You may be needed to submit five copies of the same document. When filing, the whole file must be supplied with two duplicates.
Vienna Codification Procedure
The Vienna Categorisation, often known as the Vienna Codification, is an international classification of trademark sign components created by the Vienna Agreement (1973). Following the Trademark registration application filing, the Trademark Registrar will file the Vienna classification to the Trademark established on the marks’ figurative components. Accordingly, the trademark application status is normally indicated as “Sent to Vienna Codification” while this work is being done.
1,20,000+ STARTUPS TRUST US
Mr. Bapon Ghosh
Founder, Bethuadahari, Nadia, W.B
"
There was a little bit of anxiety and doubt when I contacted them as I was from one side of the country and they were from other side and I was new to online filing and legal process. But the service I got from them was marvelous. These guys are so professional, that I never felt to be new to them. The execution of legal and processing was first class. They finished the assignment before committed time and pricing is absolutely affordable and value for money.
FAQ ON TRADEMARK REGISTRATION
Trademark registration is the legal process of protecting symbols, names, and other marks used to distinguish goods or services. It provides exclusive rights to use the mark and prevents others from using similar ones without permission.
Trademark registration protects your brand identity, prevents others from using similar marks, and provides legal recourse against infringement. It also adds value to your business by establishing ownership rights and fostering consumer trust and loyalty.
Any distinctive mark, including words, logos, symbols, phrases, sounds, smells, and even colors, that distinguish goods or services can be registered as a trademark in India.
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.
The trademark registration cost in India vary depending on the number of classes covered and whether the application is filed online or offline. Generally, fees range from a Rs.5,999 to Rs.20,000 per brand per class.
Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.
Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.
You can check the status of your trademark registration application in India by visiting the official website. Also Startupwala will update you on a regular basis through email and whatsapp.
Firstly detailed trademark check is conducted, after that one page authority letter is signed by the owner, then the Consultant files the application with the trademark registry.
A trademark is a distinctive mark used to identify goods or services, while a trade name is the official name under which a company conducts its business.