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Trademark Registration

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Required Documents

Proof of Applicant:- Aadhar Card/Driving License/Passport/Voter ID card (of trademark owner or authorized person)

PAN Card of Applicant

Address Proof of Applicant

Certificate of Registration (for other than an Individual applicant)

Brand Name & Logo:- The logo must contain the Brand name applied for trademark registration. If a trademark application is made for a tagline with only words there is no need for a logo. In cases, where a logo is used, then it should be submitted in black & white format

User Affidavit: In case where a particular user date is to be claimed

Proof of TM use:- To claim specific user date, documentary proof such as invoices, registration certificates etc. with the brand name also to be provided

MSME/Start-up Recognition: Partnership firm/body corporate (other than individual) can avail 50% rebate in Government fees by providing MSME or Start up India Scheme Certificate

Signed Form TM-48

A Trademark can be defined as the unique identity which distinguishes your products or services from the others. Such unique identity or expression can be a logo, word, slogan, photograph, label, color combination, name or graphics. A registered trademark is your business’s intellectual property or intangible asset. Registration of trademark helps safeguard the company’s investment in the brand or symbol

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. As soon as trademark application is made, one can start using “TM” symbol. However, TM registration process takes up to 15-18 months. After such validation period, trademark owner can use “R” symbol. Such registration is valid for 10 years from date of registration and can be renewed thereafter

Required Documents

Proof of Applicant:- Aadhar Card/Driving License/Passport/Voter ID card (of trademark owner or authorized person)

PAN Card of Applicant

Address Proof of Applicant

Certificate of Registration (for other than an Individual applicant)

Brand Name & Logo:- The logo must contain the Brand name applied for trademark registration. If a trademark application is made for a tagline with only words there is no need for a logo. In cases, where a logo is used, then it should be submitted in black & white format

User Affidavit: In case where a particular user date is to be claimed

Proof of TM use:- To claim specific user date, documentary proof such as invoices, registration certificates etc. with the brand name also to be provided

MSME/Start-up Recognition: Partnership firm/body corporate (other than individual) can avail 50% rebate in Government fees by providing MSME or Start up India Scheme Certificate

Signed Form TM-48

Benefits of Trademark Registration

  • Exclusive rights & Legal Protection

    The owner of registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use or infringement of the trademark

  • Creation of an Asset

    A registered trademark is an intangible asset for an entity, Such intangible asset can be traded, franchised or commercially contracted to bring commercial benefits to the entity

  • Provides business opportunities

    A product or service being sold under a registered trademark helps in building up trust, reliability, quality and goodwill in the minds of customers. It gives you a unique identity as compared to the competitors

  • Helps promoting sales of goods & services

    The customer of a company attaches the name of the brand to the feature of the product or service that they give. It helps to increase sales by bringing more and more customers towards the product

  • Get Unique Identity

    Customer will recognize a product or service only with the brand name. Registering a trademark ensures that competitors will not apply it and thus, it remains a company’s unique asset

  • Global Filing of Trademark

    A trademark which is registered and filed in India is permitted to be filed in other countries outside India as well

Frequently Asked Question

Step by Step procedure of registration

Step by Step procedure of registration

Step-1: Trademark Search: We will check trademark availability or check brand name availability to make sure that desired name or logo has not already been taken or isn’t similar to an already existing trademark

Step-2: Preparing Trademark Application Authorization: Once it is ensured that the desired name of logo is available, we proceed with the application by preparing the authorization letter. It is to be duly signed by you and returned to us so that we get legal authority to act on your behalf for trademark application

Step-3: Trademark application submission: Our associate will file Trademark application on receiving authorization letter. On successful filing of application, you can start using TM symbol

Step-4: Trademark registration: Once a trademark application is filed, your application will be validated by trademark office. Objections can be raised if there exist a similar registered trademark in same class or the name desired is not proper

In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months

Step 5: Hearing before Registrar: If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar

What is Trademark registration?

The Trademark Registration is registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark

What is trademark class?

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only

Can an application for Trademark registration be made in more than one class for the same trademark?

Yes, You can file trademark application for a single class or for multiple class of products

Who can make a trademark application in India?

A trademark application can be made by any individual, commercial enterprise or companies, partnership firms, LLP, One Person Companies. Even an NGO can apply for trademark

When can I use symbol R or TM?

Once a trademark application is successfully submitted in the Trademark office or online, the applicant can start using the TM symbol on the products or the services. After final registration, he may start using the R symbol over his products or services

What is the validity period of Trademark registration?

All registered trademarks are valid for 10 years from the date of registration. Request to renew trademark can be made within 1 year before the expiry of registration/renewal term. However, request for renewal can be made within 6 months of the expiry of registration/renewal term after paying late fees for renewal as prescribed

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