Trademark Registration in India: Protect Your Brand Today

Trademark Registration is important for any Business because it is used to distinctively identify a company from another and build its credibility among consumers. Protect your brand Name, Logo , Business Name, Design from get copied. Get Right to use as TM within 24Hours. Get your Brand protected with a 12+ Years experienced legal team. To Register your Trademark, Schedule telephonic appointment with our Attorney. 

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₹ 6500/-
  • Trademark Availability Search
  • Trademark Registration Under One Class
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Trademark Registration Fee

In India, the trademark registration fee varies depending on the type of application and the number of classes of goods or services for which the trademark is being registered. Here are the trademark registration fees in India as of February 2023:

Basic Package

(Professional Fee ₹1,999 + Govt Fee ₹4500)

₹ 6500/-
  • Free Consultation
  • Trademark Availability Search
  • Classification of Trademark
  • Drafting of User Affidavit
  • Filing of Trademark Application
Get Started
Popular plan

Standard Package

(Professional Fee ₹5999 + Govt Fee ₹4500)

₹ 10,499/-
  • Basic Package +
  • Tracking of TM Application
  • Alert on Examination Report
  • Reply Drafting to Examination Report
  • Filing of Reply to Examination Report
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Premium Package

(Prof. Fee ₹15,000 + Govt Fee ₹4500)

₹ 19,500
  • Standard Package +
  • Drafting & Filing of User Evidence
  • Attending 1 Show Cause Hearing
  • Track Advertising of Mark
  • Followup With TM Registry
Get Started
Register Your Entity Under MSME to avail benefits

Documents Required for Trademark Registration

  1. Trademark Questionnaire (Information about applicant)
  2. Image of Logo or Device Mark in JPEG (If any)
  3. Trademark Attorney Authorisation (We will draft)
  4. Affidavit (We will draft)
  5. Usership Proof like invoice, Domain Registration etc (if Any)

Services Covered

  • Online Filing of ONE trademark application
  • Drafting of Form TM-A
  • Advise on trademark classification
  • Documented Follow-up
  • 24*7 Hours Support
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What is Trademark?

A trademark is a recognizable sign, symbol, design, word, or phrase that is used to identify and distinguish the products or services of one business from those of another. A trademark is a valuable asset that helps to build brand recognition, customer loyalty, and goodwill associated with a particular business or product.

Trademarks are used to indicate the source or origin of goods or services and are used by businesses to protect their intellectual property and prevent others from using similar marks that could cause confusion among consumers. Trademarks can also be registered with the appropriate government authority to obtain legal protection and exclusive rights to use the mark in connection with the goods or services for which it is registered.

Some examples of well-known trademarks include the Nike “swoosh” symbol, the McDonald’s “golden arches” logo, and the Coca-Cola name and distinctive script. Trademarks can be a combination of letters, numbers, colors, shapes, and other elements that are used to identify and distinguish a particular product or service.

Trademark law is designed to protect the rights of the owner of the mark and prevent others from using similar marks in a way that could cause confusion or dilution of the mark’s distinctive quality. Trademark law is governed by both federal and state laws, and the registration process can vary depending on the country or region in which the mark is being registered.

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Type of Trademark

Trademark Registration_ business name

Business Name

The most important trademark is your Business Name, You must protect it immediately before someone else get copy.

Trademark Registration - logo

Logo of the Company

The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.

Trademark registration - punchline

Punchline or Slogan

Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark registration in India.

Trademark registration

Brand Name

The products of business are known by its independent name. It may be a wordmark or a device mark (image).

trademark registration

Domain Name

The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it

trademark registration

Sound Mark

If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark.

Why is Trademark Registration Important in India?

Trademark registration offers several advantages to the owner of a trademark. Some of the main advantages of trademark registration are:

Exclusive Rights

The most significant advantage of trademark registration is that it provides the owner with the exclusive right to use the trademark in connection with the goods or services for which it is registered. This means that no other person or business can use the same or similar trademark for similar goods or services without the owner’s consent. This exclusive right helps to protect the goodwill and reputation associated with the trademark.

Legal Protection

Trademark registration provides legal protection to the owner of the trademark, which means that the owner can take legal action against any person or business that uses the same or similar trademark for similar goods or services without the owner’s consent. The legal protection also allows the owner to seek damages and other legal remedies in case of infringement.

Brand Recognition

Trademark registration helps in building brand recognition and creating a unique identity for the business. A registered trademark helps consumers to easily identify and distinguish the products or services of one business from those of another.

Asset Value

A registered trademark is an intangible asset that can be valued and used for various business purposes, such as licensing and franchising. A registered trademark also enhances the value of the business and can be used as a valuable asset in the event of a sale or acquisition of the business.

International Protection

Trademark registration can be used to obtain protection in foreign countries through international treaties and agreements. This allows the owner to expand their business globally and protect their trademark in multiple countries.

Use of ® symbol

Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.

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What is Trademark Class?

A trademark class, also known as a class of goods or services, is a category of goods or services for which a trademark is used or intended to be used. The classification system for trademarks is used to facilitate the registration and management of trademarks by organizing them into different classes based on the type of goods or services they represent.

There are 45 different classes of goods and services recognized by the International Classification of Goods and Services, also known as the Nice Classification. This classification system is used in many countries around the world, including the United States, India, and the European Union.

Each class of goods and services is assigned a unique number, ranging from 1 to 45. The classes are divided into two main categories: Goods and Services. The Goods category is further divided into 34 classes, covering goods such as chemicals, pharmaceuticals, and vehicles. The Services category is divided into 11 classes, covering services such as advertising, education, and legal services.

How to Find out Right Trademark Class ?

When applying for a trademark registration, the applicant must identify the class or classes of goods or services for which the trademark will be used. The classification of the trademark is important because it determines the scope of protection provided by the trademark registration. A trademark registration in one class does not provide protection for the same trademark used in a different class. Therefore, it is important to carefully consider the goods or services for which the trademark will be used and to ensure that the trademark is registered in the appropriate class or classes.

Find out Trademark Class for Your Your Business

Validity of Trademark

In India, a trademark is initially registered for a period of 10 years from the date of application. After 10 years, the trademark can be renewed indefinitely for successive periods of 10 years each, as long as it continues to be used and maintained properly by its owner.

To maintain the validity of a trademark in India, the owner must continue to use the trademark in connection with the goods or services for which it is registered. Failure to use the trademark for a continuous period of 5 years can result in the trademark being vulnerable to cancellation or invalidation. This means that any interested party can file an application to cancel the registration of the trademark on the grounds of non-use.

In addition to non-use, there are other factors that can affect the validity of a trademark in India, such as abandonment, improper licensing, or infringement. It is important for trademark owners to monitor the use of their trademarks and take action to protect their trademarks from infringement or misuse.

The Trademarks Act, 1999 and the rules made thereunder provide for various provisions to protect the validity of trademarks in India. For instance, the Act provides for the cancellation of a trademark registration on the grounds of non-use or if the trademark has become generic, among other grounds. The Act also provides for legal remedies, such as injunctions and damages, for infringement of trademarks.

Trademark Registration Process

In India, trademark registration is governed by the Trade Marks Act, 1999 and is administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). The process for trademark registration in India is as follows:

  1. Trademark Search: The first step in trademark registration is conducting a search of the trademark database to check if there are any similar or identical trademarks that are already registered or pending for registration.

  2. Trademark Application: Once the search is complete and there are no similar or identical trademarks, the applicant can file a trademark application with the CGPDTM. The application can be filed online or offline.

  3. Examination by the Registrar: After filing the application, the Registrar will examine the application to determine whether the trademark meets the requirements for registration. The Registrar may raise objections or issue a refusal if the trademark does not meet the requirements.

  4. Publication: If the Registrar is satisfied that the trademark meets the requirements for registration, the trademark will be published in the Trade Marks Journal. The public is given an opportunity to oppose the registration of the trademark during a specified period.

  5. Registration: If no opposition is filed or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued.

The process of trademark registration in India usually takes around 18-24 months. Once registered, the trademark is protected for a period of ten years from the date of registration and can be renewed indefinitely. It is important to note that trademark registration gives the owner the exclusive right to use the trademark in relation to the goods or services for which it is registered.

 

Trademark Infringement Lawsuit in India

The unauthorized use of a trademark or a service mark in such a way that is likely to cause any confusion, misrepresentation, or misconception about the source of a good or service is known as trademark infringement. Learn More 

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Frequently Asked Questions

What is a trademark registration?

Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.

What is the purpose of trademark registration?

Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time.

What is trademark search and How to do it?

A trademark is registered by the registrar of trademarks only if it is unique and is not same or similar to any existing brand. The database of all registered and applied trademarks is available for public search. The applicant must search for an identical mark in the appropriate class of the TM.

  1. Link for Public Search of TM - https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
  2. Learn more about How to Do a Trademark Search in India?
What is Class of a Trademark, How to do trademark classification?

For Trademark Registration, the goods and services are classified into 45 different classes. The most recent change in TM Classification is done by World Intellectual Property Organisation (WIPO) on 1st Feb 2018. Classes 1 to 34 pertains to goods and classes 35 to 45 are for services. The protection of the trademark is legally enforceable only within the specification of a specific class of trademark for which it is registered. Some time one trademark and the goods or services associated with it falls under multiple classes, in that case, the application should be filed in all such classes.

Check your Classification - http://euipo.europa.eu/ec2/

When can I use the ™ & ® symbol?

As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.

What are the documents required to apply for trademark registration?

Owner of the trademark needs to authorise our panel of trademark attorney or trademark agent in the prescribed trademark authorisation form. It is like a power of attorney for trademark filing and departmental representation on behalf of the applicant. The owner of the trademark is also required to submit an affidavit sworn before notary public about the user dare of the mark. 

What is the government fee for filing a trademark application?

The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee.

    1. For Individual and HUF - Rs 4500/
    2. For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
    3. For all other applicants like companies/LLP etc. - Rs 9000/

 

What is Brand Registration, is it different from Brand Name Registration or Trademark Registration?

A trademark is something which connects the goods or services to the business which provides them. The process of registration of Brand Registration / Brand Name Registration is similar to that of a trademark registration or logo registration

How do I register a trademark?

Trademark Registration is completely online Process. However you can also file Application for trademark through Physical mode at registrar office of IPR. 

Can I register trademark myself?

Yes you can also file its by yourself but its is always advisable to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government. 

What is the validity for the trademark in India?

 A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed.

How long does it take to get my trademark?

It can take anywhere between 6 months to 1 year for your trademark to be Registered. However, we can apply and start using the ™ symbol within few days if we can get all the details and documents at the earliest.

Learn more about Trademark Registration Steps: https://setupfiling.com/trademark-registration-process/

What happens if I don't renew my trademark?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.

What is the function of a trademark?

Under modern business condition a trademark performs four functions

    1. It identifies the goods / or services and its origin.
    2. It guarantees its unchanged quality
    3. It advertises the goods/services
    4. It creates an image for the goods/ services.