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Trademark Registration

Need to register a Trademark?

Trademark Registration Starting at Just Rs.5,999/- (Inclusive of all Govt. Fees).

About Trademark Registration

Atrademark, trade mark, or trade-mark is a recognizable sign, design, or unique expression related to products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

ADVANTAGES OF TRADEMARK REGISTRATION

Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.

Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.

Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.

Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.

A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.

A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

TRADEMARK REGISTRATION PROCESS

Application Preparation

Our Trademark Expert will prepare the trademark application for your business based on your requirements and information. We will prepare your application based on the information provided.

Trademark Filing

Once, the trademark application is prepared and signed by you, we can file it with the Trademark Registrar immediately. Once, the application is filed with the Registrar you can start using the TM symbol.

Trademark Registration

Once the trademark application is filed with the Registrar, the Government processing will start. We will provide trademark application status tracking through SMS, Email and iCFO Platform.


Success is focusing the full power of all you are on what you have a burning desire to achieve.

DOCUMENTS REQUIRED FOR Registration

Documentation Required for Trademark Registration

 


Documentation Required

  • PAN card of the Proprietor
  • Address Proof of the Proprietor
  • 4 Photographs of the Proprietor
  • Soft Copy of Logo(Trade Mark)

OR

Requirements for filing a trademark application

  • The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
  • A list of goods and/or services for which registration is required.
  • Soft copy of the trademark to be registered.
  • Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • If the applicant is a company, the country or state of incorporation.
  • If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
  • Date of first use of the trademark in India, if at all used

Guidelines to be followed:

  • AVOID Superlative or Laudatory words E.g. Premium, Gold, Deluxe
  • AVOID Descriptive words E.g. Coffee shop for coffee bars; Cooler for Refrigerators
  • AVOID trademarks Confusing Similar to existing trademarks
  • AVOID words which have direct reference to the Character or Quality of the product/service. E.g. Best Choice, Easy Cook, Super
  • AVOID Common Personal Names or surnames. Such names are registrable only if it has acquired distinctiveness through advertisements and long use

Well known geographical names such as SWISS chocolates or U.S.A. pizza are also not registrable. There are also other factors to be considered in the adoption of trademarks, which is beyond the scope of this text.

Trademark Services

  • Trademark Search
  • Opinion on registrability of trademark
  • Filing and prosecuting trademark applications
  • Responding to office actions
  • Handling trademark opposition proceedings
  • Dispute resolution and litigation
  • Advice on validity of registrations
  • Advice on infringement and passing off
  • Issuing legal notice (cease and desist letters)
  • Publishing caution notice
  • Trademark watch and monitoring services
  • Renewal of trademarks
  • Trademark due diligence
  • Drafting license agreements, franchisee agreements and assignment deeds

Trademark Search

  • Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry.
  • We provides trademark search services in India, assisting clients in the selection of brand names and ascertaining whether any identical or similar trademarks are already existing in the records of the Trade Mark Registry.
  • The cost of conducting a trademark search is quite insignificant in comparison to the efforts and costs involved in rebranding due to infringement of others rights.
  • Therefore, a trademark availability search is highly advisable before huge amounts of money and time are invested in a trademark and the guidance of an experienced trademark attorney are extremely worthwhile.
  • The trademark search results are reported within 1 or 2 business days.

Salient features

  • Multi class applications are allowed in India. However, statutory filing fees will be applicable for each class.
  • Classification of goods and services is according to NICE classification (45 classes).
  • Prior use of the trademark is not mandatory for filing. Therefore, applications can be filed on a 'proposed to be used' basis.
  • Power of attorney is required (if filed through an agent/attorney).
  • Applications are examined as to registrability and availability based on existence of prior filed applications. Once accepted, it is published in the Trademarks Journal and an opposition may be filed by a third party within 3 months (extendable by one month). If no opposition is filed, the registration certificate is issued thereafter.
  • A trademark may be subject to removal on the grounds of non-use, if it is not used for a continuous period of 5 years.
  • The registration is valid for 10 years from the date of application and can be subsequently renewed every 10 years by payment of renewal fees.
  • Priority can be claimed provided the application is filed within 6 months from the date of the filing in the convention country.

Selecting a good trademark

A trademark must be chosen carefully. If you are launching a product and adopting a new trademark, please bear in mind that the scope of legal protection you would obtain depends on the type of trademark chosen.

The most common mistake is to choose a word that is descriptive of the goods or services. People do this in the belief that the consumer will know straight away what the product is or the service rendered. The same result can easily be obtained by combining a distinctive and fanciful trademark with a word which indicates the goods or services. E.g. Kodak film.

Descriptive trademarks are difficult to register and enforce. Although it may be easier to market such products at inception, such trademarks are offered the least amount of protection and therefore, in the long term, it would be difficult to stop your competitors from using the same or similar trademarks.

A better strategy would be to adopt a coined word, which has no reference to the goods/services upon which it is used. E.g. Canon

Another option is to adopt an arbitrary word, which has no relevance to the goods/services upon which it is used. E.g. Apple computers; Lotus software

Classes of goods and services

Before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark. An application should be made in the relevant classes of current goods/services as well as in classes where there is intent to use. All goods and services are divided into 45 classes. The 9th edition of the NICE international classification system is followed in India.

The following list gives general information about the goods and services covered in each class.

Trademark Classification of Goods and Services in India

Class No Class Description
1 Chemical used in industry, science, photography, agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics, manure, fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry.
2 Paints; varnishes; lacquers; preservatives against rust and against deterioration of wood; colorants mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
3 Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; dentifrices
4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks
5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
8 Hand tools and implements (hand-operated); cutlery; side arms; razors
9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
12 Vehicles; apparatus for locomotion by land, air or water
13 Firearms; ammunition and projectiles; explosives; fire works
14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
15 Musical instruments
16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
17 Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
20 Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
21 Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool, unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
23 Yarns and threads, for textile use
25 Clothing, footwear, headgear
26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
33 Alcoholic beverages (except beers)
34 Tobacco, smokers' articles, matches

Services

Class No Class Description
35 Advertising, business management, business administration, office functions
36 Insurance, financial affairs; monetary affairs; real estate affairs
37 Building construction; repair; installation services
38 Telecommunications
39 Transport; packaging and storage of goods; travel arrangement
40 Treatment of materials
41 Education; providing of training; entertainment; sporting and cultural activities.
42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43 Services for providing food and drink; temporary accommodation.
44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
45 Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Basic
5,999
/-

(Inclusive of all Govt. Fees).

For Propriertors & Small Entities
Free Trademark Search
Protect your Brand
File Your Trademark in 24 Hours
Trademark any Word, Title, Symbol, Slogan, Punchline

Get Started

Standard
7,999
/-

(Inclusive of all Govt. Fees).

For Propriertors & Small Entities
Free Trademark Search
Protect your Brand
File Your Trademark in 24 Hours
Trademark any Word, Title, Symbol, Slogan, Punchline
Objection Handling

Get Started

Premium
11,999
/-

(Inclusive of all Govt. Fees).

For Other Business Entities
Free Trademark Search
Protect your Brand
File Your Trademark in 24 Hours
Trademark any Word, Title, Symbol, Slogan, Punchline
Objection Handling

Get Started

FAQ

What can be registered as a trademark?

Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

What trademarks are NOT registerable?

Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

Will my trademark registration be valid for all types of services and goods?

Trademark registrations are distinctive to the goods or services it is represents. Therefore, trademark registration are made under a "Class" of goods or service it represents. The trademark registration will therefore be valid for the entire class of goods or service it represents.

What is a trademark class?

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

Will my trademark registration be valid across the world?

No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.

Can a foreigner or a foreign entity apply for trademark registration in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

Who can apply for trademark registration?

Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.

What are the documents required for trademark registration?

A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.

How long will it take to obtain trademark registration?

Trademark application can be filed with the trademark registry in a matter of days. However, it will typically take 8 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

When can I use the TM mark?

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 can I use the ® mark?

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.

How long is the trademark registration valid for?

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark registration current.

How can a registered trademark be protected?

In case there is infringement on a registered trademark, there are several ways to stop it or sue for damages. A legal suit can be filed in a District Court where infringement has occurred or arbitration proceedings can be initiated or other legal measures can be initiated to stop the trademark infringement.

Can I sell or transfer a registered trademark?

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Trademark registration gives the owner of the trademark ownership over the trademark and any person wishing to use the trademark must obtain the registered trademark owners consent.

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