Trademark Registration

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Rs. 6,499.00 Rs. 7,999.00

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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.

Tags: Trademark Registration trademark, registration, intellectual, property

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

Should the trademark be filed in the individual’s name or companies name?

Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.

What cannot be registered as trademark?

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

Once registered for what period, a trademark is effective? Can a trademark registration be renewed?

The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

How long does it take for the trademark to get registered?

Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.

What is trademark class? How to find appropriate class?

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying prescribed Government fee.

Will the trademark be valid outside India?

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

How does my start-up qualify for a 50% rebate on Government fee?

If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.

What is the process of getting a Trademark registered by the Ministry?

Trademark registration process in India consists of the following main components before the Trademark is granted:

Trademark application in the right class, with all the correct details.

Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.

Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.

An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.

Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.

“Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.

Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.

What is covered under Trademark Application service by TaxClue.co.in?

It includes t the drafting of entire trademark application along with the guidance for appropriate classes. Moreover, the final filing using the Ministry Registered Attorney is also covered under the service offering of Trademark Application.

If I register my Brand Name & Logo, would they be considered as 2 applications or 1 application?

The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

Can a multi-class application be filed in India?

Yes, one can apply for registration under multiple classes in one single application.

What is the Government fee for a Single Class TM Application vs. Multi Class Applications?

For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. Individual or Start-ups, for each class the government fees of Rs. 4,500 is to be paid. For all other cases, the Government fee of Rs. 9000 is to be paid. For example, if an individual applies for a trademark application under 3 classes, the Government fee will be Rs. 13,500

Can a registered trademark be amended later?

Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.

Is the trademark liable for removal on the ground of non-use?

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.

About TaxClue

TaxClue is India’s fastest growing business services platform dedicated to helping Entrepreneurs easily start and grow their business, at an affordable cost. We started in December 2016 with the mission of making it easier for Entrepreneurs to start their businesses. We have since helped start and operate thousands of businesses by offering a range of business services. Our aim is to help the entrepreneur with the legal and regulatory requirements and be a partner throughout the business lifecycle, offering support at every stage to ensure the business remains compliant and continually growing.

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Available Options

Trademark Registration

Guards the Commercial Goodwill

Advertises Goods and Services

Legal Protection

Creation of an Asset

Proof of Applicant

Brand Name & Logo

User Affidavit

Proof of TM Use

MSME / Start-up Recognition

Signed Form TM - 48

About TaxClue

Head Office

Regional Office

Information

Customer Service

Extras

My Account

Trademark Registration

Available Options

Trademark Registration

Guards the Commercial Goodwill

Advertises Goods and Services

Legal Protection

Creation of an Asset

Proof of Applicant

Brand Name & Logo

User Affidavit

Proof of TM Use

MSME / Start-up Recognition

Signed Form TM - 48

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About TaxClue

Head Office

Regional Office

Information

Customer Service

Extras

My Account