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Trademark Registration

Registration of a trademark is important not only to enhance the brand value but also to protect the same. Trademark Registration Application is the first step to get exclusive rights over your brand name.

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Tags: Trademark Registration

Register Trademark Online

It takes a great deal of hard work and resources to build a brand. Hence, It is important to make sure that you have exclusive ownership to use the logo, slogan, shape and packaging of goods, sound, smell, colour combinations or anything else that gives your brand a distinct identity. Trademark Act, 1999 allows you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark.

Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 15-18 months. It includes various processes for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can now be registered as a trademark in India.

Experts at TaxClue.co.in file more than 1,000 trademark applications every year. We represent clients in all major cities of India including Mumbai, Delhi, Bangalore, Ahmedabad, Chennai and more.

Benefits of Trademark Registration in India

Guards the Commercial Goodwill

A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.

Advertises Goods and Services

Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.

Legal Protection

A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.

Creation of an Asset

Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.

Documents required to Register a Trademark

Proof of Applicant

PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)

Brand Name & Logo

The logo must contain the Brand Name applied to register a Trademark

User Affidavit

If a specific user date is to be claimed, the user affidavit is also required to be submitted

Proof of TM Use

To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided

MSME / Start-up Recognition

Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee

Signed Form TM - 48

TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name

a. Product Name: You can register a particular product’s name as a trademark. Samsung's Galaxy is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Tata.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Neelam has trademarked his name.
d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: TCS.

2. Logo/Symbol

It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger-lickin' good’.

4. Other Options

a. Colour Mark: You can trademark color or a combination of colors. (Ex: Cadbury has trademarked the color royal blue)

b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.

c. Scent Mark: Even scents can be trademarked.


All You Need to Know Before Applying for TM Registration