Trademark Registration
Starting from ₹3,000 + GST
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Table Of Content
What is Trademark Registration
A trademark is a particular sign or symbol that differentiates the products and services of one company from the rest. It can be a symbol, sign, logo, word, phrase, design, expression, sound mark, etc., for your brand, company, or idea. A trademark is considered a valuable intangible asset that gives you the exclusive rights to use and provides commercial and legal benefits. Trademarks are intellectual property and are protected by the Trademark Act of 1999. The Trademark Registry came into being in 1960 and is the functional body of the Act that governs the rules and regulations related to trademarks in India.
Trademark registration is a legal procedure to protect the trademark of your company and brand. An applicant can apply for a trademark registration and become the owner of the trademark once it is registered. The trademark is registered under the Trademark Act of 1999 and included in the Trademark Registry. Registering the trademark gives brands legal protection against others who attempt to use the trademark for their products and services, allowing them to take action against infringement. Patron Accounting can help you register your trademark to create a brand image and a strong presence in the market.
Benefits of Trademark Registration
Eligibility for Trademark Registration
Process for Trademark Registration
Step 1
Choose a unique and memorable trademark that isn’t common to represent your brand before applying for registration. You must select the appropriate class to which the chosen trademark belongs and for which you can get help from Patron Accounting. There are 45 classes under which goods and services are classified. Classes 1 to 34 are for goods, and Classes 35 to 45 are for services.
Step 2
Visit the Indian Trademark Registry website to conduct a trademark search to see if your trademark is available or already registered before applying. Instead of the online method, you can also take a legal approach and get assistance from legal services.
Step 3
Fill in the necessary details for the trademark registration in the TM-A application on the Intellectual Property India website. Otherwise, you can visit the Office of Trademark Registry. Submit all the relevant documents with the application for trademark registration on the IP India website. You will receive an acknowledgment receipt, after which you can use the TradeMark (TM) symbol next to your brand name.
Step 4
Once the trademark is published in the Trademark journal, there should be opposition from the public for 4 months from the date of publication. In this case of no opposition within 4 months, the trademark will become eligible for registration.
Step 5
Once the trademark is published in the Trademark journal, there should be opposition from the public for 4 months from the date of publication. In this case there’s no opposition within the period of 4 months, the trademark will become eligible for registration.
Step 6
If a third party opposes the trademark being published in the trademark journal within four months of the trademark being published, a counter-statement must be filed by you within 2 months. The Registrar of Trademarks will present a copy of the opposition, to which you must reply to support your case. The Registrar will hear both parties in the Trademark Opposition Hearing before deciding whether your trademark registration will be accepted.
Step 7
After your trademark has been accepted with no opposition within 4 months or with the successful opposition hearing, The Registrar of Trademarks will issue the Trademark Registration Certificate with the Trademark Registry Seal. You can use the registered trademark symbol — R, next to the brand name or element.
Documents Required for Trademark Registration
Additional requirements for foreign nationals/NRIs:
FAQs
How long is the trademark registration valid?
The registered trademark is valid for 10 years from the date the application is filed. You get exclusive rights to use the trademark for this period, after which it can be renewed by filling out an application before the expiry date.
Is the trademark search required for the registration process?
Yes, the trademark search is necessary for the registration process. It helps determine if the trademark exists or if it is unique to use for registration.
What do the Trade Mark (TM) and Service Mark (SM) mean?
The Trade Mark (TM) and Service Mark (SM) mean the trademark hasn’t been registered, but the application has been submitted. The application has yet to be approved by the authorities for registration.
What is Form-48?
Form-48 serves as a form of authorization. It is given by the applicant to the Trademark Attorney to file the trademark registration application on their behalf.
What is a good trademark?
A good trademark must be easy to remember, spell, and recognize. It should be original and memorable rather than lengthy and complex.
How long does the trademark registration process take?
The process of registering a trademark is lengthy. On average, it may take around 18 to 24 months to complete the process.
What are the fees for trademark registration?
The fee if the applicant is an individual, startup, or small enterprise is INR 4500 for E-filing and INR 5000 for physical filing. If the applicant is not an individual, startup, or small enterprise, the E-filing is INR 9000 and the physical filing is INR 10000.