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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, color 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 benefiting 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 07-18 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.
Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.
Documents Required for Trademark Filing
Make Application in 3 Easy Steps
1. Follow Quick Process
Pick the best suitable Package
Spare less than 10 minutes to fill out our online Questionnaire
Upload required documents
Make quick payment through our secured gateways
2. Experts at LW are here to help
Assigned Relationship Manager
Consultation for right TM Class
Trademark Search Report
Drafting of Documents
Preparation & Filing of Application
3. Start Using TM now!
All it takes is 3 working days*
Procedure to Register a Trademark
DAY 1 - Collection
Discussion and collection of basic Information
Provide Required Documents
Select appropriate Class
Trademark Search & Availability Check
DAY 2 - Execution
Drafting of Documents by Professionals
Franking on Power of Attorney
DAY 3 - Submission
Filing of online TM application
Sharing the filed application & receipt
DAY 3 - Submission
You can now legally start using ™ beside your logo or brand
Trademark Registration Fees
Ideal for Individual, Proprietor, Medium and small Enterprises
Ideal for Private/Public Limited company & Partnership Firm
How to Register Trademark in India With LEGAL BIZ INDIA
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Legal Biz India has made it easier for you by breaking it down into three parts and doing the majority of the work. Register trademark today to protect your company’s logo, slogan, and brand.
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
The following supporting documents together with the application have to be submitted for online trademark registration:-
– Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
-Soft copy of the trademark.
– The proof of claim (which is applicable) of the proposed mark can be used in another country.
– Power of attorney to be signed by the applicant.
Manual Filing and e-filing are the two different ways for filing the registration.If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges. It means you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.
In case of failure to get the name approved in the second go, you can file the SPICe form again from scratch. This will any day prove to be cheaper than opting for the first option. The whole process including name approval and incorporation takes around 2-3 days.
Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!
After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.
How to Register a Trademark ?
Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.
Choosing a trademark:
Remember to choose a unique and distinctive mark it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. You can find the class list here
Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option.
Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search they will also help you with the whole process.
There are two options you can take while filing for a trademark.
– File for a trademark under “one” class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-1. The fee payable for the filing of form TM-1 is rupees 3,500. You can find all the amounts payable for the corresponding forms here
– The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class. Filing of this form has two separate cost brackets:
Rupees 9,000 or rupees 10,000
If you are not a start-up, small enterprise or an individual you will fall under this bracket. You have to pay rupees 9,000 for e-filing of the from or rupees 10,000 if you file the form in person.
Rupees 4,500 or rupees 5,000
If you are an individual, small enterprise or a start-up then you fall under this bracket. Rupees 4,500 is the charge for e-filing of the form or rupees 5,000 if you file the form physically.
While filling the form make sure not to make any mistakes, this may lead to delays or even rejection of the application. You have to fill in all the details and also add a picture of the trademark with the dimensions of 9 by 5 cms. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.
You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, if done physically it may take to 15-20 days.
Know Regarding Trademark Registration
A trademark can be one of your company’s most valuable assets. It is a form of identification and contributes significantly towards building the company’s public image. A trademark is a visual symbol – a word, name, numbers, label, logo, a combination of colours etc. It is a mark of uniqueness and helps the customers identify a particular brand or company.
The Trademark Act, 1999, governs the laws related to trademarks and their registration.The trademarks in India are registered by the Controller General of Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.
Take a look at the top 8 things you need to know about trademark registration:
A Visual Representation
The types of trademarks you can get registered are quite varied. Here are a few types:-
– Word Marks
– Service Marks
– Logos and Symbols
– Shape of Goods
– Series Marks
– Collective Trademarks
– Certification Mark
– Geographical Indicators
– Pattern Marks
– Sound Marks
– Colour Marks
– Three Dimensional Marks
An Intangible Asset
Consider the fact that your business builds a reputed name and turns out a successful brand. A trademark, being a type of intellectual property, brings heaps of benefits to the company. Once a trademark is registered, it becomes an intangible asset that can be traded, franchised, commercially contracted and distributed.
Protection Against Infringement and Other Legal Protection
The owner of a registered trademark can exercise his legal rights in case there is any infringement with regard to the owner’s logo, brand, a slogan that has an active trademark against it. The owner has the right to sue any third party that uses the trademark without the prior permission of the owner of the trademark.
A trademark search is usually carried out to check if a particular trademark already exists. The search can be conducted through the government’s Indian Trademark Registry database or a third-party service provider website.
The goods and services here are classified into 45 different sectors. Each sector is referred to as a class. Every logo or brand name is to be registered under the appropriate class at the time of application. Out of the 45 different classes, 34 of those classes comprise of product classes, and the remaining 11 are for service.
Voluntary, not Compulsory Registration
The registration of a trademark is done on a voluntary basis. However, if a trademark is registered, it holds concrete evidence that the ownership of the trademark belongs to the person who has taken the effort to register it. All legal decisions will be in favour of the party that had the trademark registered.
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed. Even on removal, the trademark can be reinstated through what is known as restoration of the trademark in the prescribed form.
Trade Mark (TM) and Service Mark (SM)
This symbolises that the trademark has not yet been registered, but an application for the same is pending. It is put up to warn third parties lest they infringe upon the same. There is no specific legal significance as such because the application has not yet been approved by the authorities.
On the approval of the trademark application, you, as the proud owner of the newly registered trademark, are empowered to display the R symbol next to the trademark. This symbolises that the trademark is officially registered, that infringement of any kind by a third party will be punishable by law.
It is not mandatory to display the R symbol. However, it protects the owner of the trademark in a way that, should anyone rip-off the actual product, on suing the third party for infringement, he has a right to recover all the profits that were lost. This is because the court requires the owner to prove that the infringer was aware of the fact that the trademark was registered and yet went ahead to use it without any prior permission.
The C symbol is generally used to signify copyright that the owner has over some creative work. This includes:
– Artwork- Photography
– Literary Works
The C symbol is valid for a lifetime. The symbol is used with the copyright holder’s name and the year of the first publication in the country where the work was copyrighted. All in all, there is a lot that one must be aware of when it comes to trademarks and their registration. The process, in itself, is quite tricky, which is why the applicant must carry out proper research concerning the same. Therefore, registering your trademark has benefits aplenty provided it is done with due care.
Benefits of Trademark Registration in India
Trademark is a unique symbol or sign which may be a label or numeral or combination of colours for identification of your goods or services. You can obtain a trademark registration under the Trademarks Act, 1999.
Trademark enables you and a third party to distinguish your products and services from those belonging to your competitor. However, it would be helpful to keep in mind that geographical names, common names, common trade words and common abbreviation cannot be registered as a trademark.
Apart from being unique, a Trademark should be easy to use, make your products marketable and create brand recognition for your products. Trademark registration has several advantages and benefits to the owner:
Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected from infringement. Trademark registration also confers an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark. Further, you can use the ® symbol only for the goods and/or services listed in the registration certificate.In the case of unauthorized use of a registered trademark, you can seek relief for infringement in appropriate courts in the country.
Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. Also, since trademark registration will be valid for the entire class of goods or services so represented, it will help in distinctly identifying your products. Customers uniquely identify products carrying different trademark, thus creating a customer base for your product.
Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognized as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customers.
Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognized as an intangible asset for accounting and income tax purposes. Trademarks are intellectual property and carry a value associated with the products they represent. Trademarks can be sold, franchised, assigned or commercially exploited in any other manner. You can recognise the value or cost associated with trademarks in the books of accounts, and also claim a deduction for depreciation and recognise income from the same.
Business valuation and goodwill: Trademarks registered and associated with your products enhance your overall business value, goodwill and net worth in the industry. Your trademark communicates your quality assurance, distinct features of your products and your organisation’s mission. Trademarks contribute to the growth of your business. They help retain loyal customers and protect the goodwill of your business.
Trademark recognition: Trademark registered in India is valid for ten years from the date of filing of an application . However, the trademark can be further renewed. In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.
Business expansion: A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base. Your trademark helps you in retaining and expanding the customer base. Registration of your trademark confers exclusive rights of use for 10 years and protects your business revenues. Business enterprises can leverage the benefits of a customer base by introducing new products and expanding their business.