Trademark Registration
Trademark Registration
Market Price – Rs: 7,899
OnlineTaxSeva Price- Rs: 5,799 (All Inslusive)
“Note: Please talk to an advisor first and get all doubts resolved before proceeding with payment. Once we receive the payment, our team will reach out to you and work on the service.”
Documents required For Trademark Registration
PAN CardOf the authorised signatory |
Incorporation CertificateIf the trademark is registered under a company or LLP. |
Form-48 SignedPlease print document in color. Authorised signatory to sign on each of the pages. |
Trademark Registration
Trademark registration is the process of legally securing the exclusive rights to use a particular symbol, name, phrase, or design that identifies and distinguishes the goods or services of a business from those of its competitors. The registration of a trademark gives the owner the right to prevent others from using a similar mark or confusingly similar mark on similar goods or services.
Trademark registration provides legal protection for the brand of a business and helps to establish and maintain its reputation and goodwill in the marketplace. It also allows the trademark owner to take legal action against anyone who infringes on their trademark rights.
The process of registering a trademark typically involves conducting a comprehensive search to ensure that the mark is available for use and does not infringe on the rights of any other trademark owners. Once the mark is deemed available, an application is filed with the appropriate trademark office, along with the necessary fees.
The trademark registration process can be complex and time-consuming, and it is recommended that businesses work with a qualified trademark attorney to ensure that their trademark is properly registered and protected.
Eligibility for Trademark Registration in India
Trademark registrations protect unique brands, slogans, or invented terms. The following table summarizes the eligibility criteria for trademark registration in India for various types of applicants:
| Type of Applicant | Eligibility Criteria |
|---|---|
| Individual (Person) | Can obtain trademark registration for a symbol or word. |
| Joint Owners | Both names must be mentioned in the application. |
| Proprietorship Firm | Can file under proprietor’s name but not under business name. |
| Partnership Firm | Must include names of all partners (up to 10 members). |
| Limited Liability Partnership/LLP | Application should be in the name of the LLP. |
| Indian Company | Must file trademark application in the company’s name. |
| Foreign Company | Must apply in the corporate name as registered in foreign country. |
| Trust or Society | Managing trustee, chairman, or secretary must be named. |
It is important to note that each type of applicant has its own set of requirements for filing a trademark application. It is recommended to work with a qualified trademark attorney to ensure proper registration and protection of trademarks.
The following are the documents required to register a trademark online in India:
Logo/Image: A soft copy of the logo/image to be registered, in JPEG format with a maximum size of 2MB.
Trademark/Brand Name: The name or word(s) to be registered as a trademark.
Applicant Details: Name, address, nationality, and business type (individual, proprietorship, partnership, LLP, company, trust/society).
Power of Attorney (POA): If the trademark application is filed through a trademark agent or attorney, a signed POA is required.
Business Registration Certificate: For a company or LLP, a copy of the Certificate of Incorporation is required. For a partnership firm, a copy of the Partnership Deed is required. For a proprietorship, no such certificate is required.
Address Proof: Any document showing the address of the applicant, such as a utility bill or bank statement.
Identity Proof: Any document showing the identity of the applicant, such as a PAN card or passport.
It is important to note that the exact documents required may vary depending on the type of applicant and the nature of the trademark being registered. It is recommended to consult with a qualified trademark attorney or agent for guidance on the specific documents required for your particular case.
The trademark registration process in India is as follows:
Trademark Search: Conduct a trademark search to ensure that the proposed trademark is available for registration and does not conflict with any existing trademarks.
Application Filing: File a trademark application with the Trademark Registrar in India. The application can be filed online or offline. It must include the details of the applicant, the trademark, and the class(es) of goods or services for which registration is sought.
Examination: The Trademark Registrar will examine the application to ensure that it complies with the requirements of the Trademarks Act, 1999. If there are any objections, the Registrar will issue an Examination Report.
Response to Examination Report: The applicant must respond to the Examination Report within one month of receiving it. The response can include arguments or amendments to the trademark application.
Advertisement: If the trademark application is accepted by the Registrar, it will be published in the Trademark Journal. This is done to invite oppositions from third parties.
Opposition Proceedings: If any third party opposes the trademark within four months of publication in the Trademark Journal, the opposition proceedings will be initiated.
Registration: If no oppositions are filed or if the opposition proceedings are resolved in favor of the applicant, the Trademark Registrar will issue a Certificate of Registration. The trademark will be registered for ten years and can be renewed thereafter.
The entire process of trademark registration can take up to 12-18 months, depending on the complexity of the case and any objections or oppositions that may arise. It is recommended to consult with a qualified trademark attorney or agent to ensure a smooth and efficient trademark registration process.
- How do I register for a trademark?
To register a trademark in India, you must conduct a trademark search to ensure that the mark is not already registered. After the search, you can file an application for registration with the Indian Trade Marks Registry. Once the application is reviewed, and if it is accepted, the TMR will issue a trademark registration certificate.
- How much does it cost to register a trademark?
The cost of registering a trademark in India depends on the class of goods or services associated with the trademark. The fees for registering a trademark can range from a few thousand rupees to a few lakh rupees.
- What is the validity of a trademark?
A registered trademark is valid for ten years from the date of filing. The owner of the mark can renew the registration before the expiry of the validity period.
- Is my trademark application valid across the world?
No, a trademark registered in India is only valid in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
- Can a foreigner or foreign entity get a trademark registered in India?
Yes, a foreign person or entity can apply for trademark registration in India.
- How long does it take to obtain trademark registration?
The trademark application can be filed with the trademark registry within 1-3 days. However, it typically takes 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.
- When is the TM Mark used?
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.
- When is the R mark used?
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.
- What is the validity of trademark registration?
Registered trademarks are valid for ten years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current before the end of its validity.
- What happens when the trademark application gets refused?
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.
- What is the function of a trademark?
A trademark identifies the goods or services and their origin. It guarantees their unchanged quality and creates a brand identity for the goods and services.
- How to carry out a trademark search?
A trademark search is necessary before filing a trademark application. You can check the trademark registry or use the search option on our website to find information on registered trademarks.
- What information should the trademark application contain?
The trademark registration application should contain the logo or the trademark, name and address of the trademark owner, trademark used since the date, and a description of the goods or service.
- What are the documents required for trademark registration?
The documents required for obtaining a trademark registration in India are identity proof of the trademark owner, PAN card, passport, Aadhaar card, incorporation certificate (if it is a private limited company or LLP), Udyog Aadhaar registration, a logo if applicable and available, and address proof.
- Which forms are to be filed while making a trademark application?
Form 48 and TM 1 have to be filed while making a trademark application.
- What are the benefits of getting trademark registration?
Trademark registration is essential as it acts as an asset for the company, provides legal remedies, and serves as a powerful deterrent.
Trademark Registration FAQ’s