Trademark registration
Procedure, Documents and Cost
Trademark registration helps you protect your brand name in India. Trademark registration will help you to protect your brand name, your brand logo and your tag line. Trademark registration is a completely online process and application can be completed in 2 working days. The trademark is usually registered in 1 year, if the TM authorities do not raise any objection.
All about the trademark application - Fees, Process and Documents required
Trademark registration fees | Government Fees – Rs 5500 for Udyam and startup India registered companies Professional Fees – Rs 2000 Total fees – Rs 7500 |
What is included in the Package | · Search report to see if the trademark can be applied · Guidance on whether the trademark should be applied as it is or with some changes · Advice of Wordmark or devicemark |
Trademark registration documents required | The documents required for the trademark registration are:
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Trademark registration online process | The online process to register a trademark is :
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Trademark renewal / validity | Registered trademark is valid for 10 years. You will receive a intimation of the expiry of the trademark 6 months prior to its expiry. |
Trademark registration portal | The trademark can be registered on https://ipindiaonline.gov.in/eregister/eregister.aspx |
Trademark search | You can search for existing trademarks on https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx |
What is the government fees to register a Trademark?
For individuals the fees is Rs 5000, For MSME registered companies the fees is Rs 5000 and for non MSMe registered companies the fees is Rs 10000
What are the advantages of obtaining trademark registration?
- Prima-facie evidence of ownership of the trademark.
- Important asset for your business or company and contributes to the goodwill generated.
- Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
- Trademarks can be sold, licensed or assigned.
- Registration usually covers the whole of India.
What is difference between device mark and word mark?
Word mark – Word mark is where the trademark owner has right over the word. This word can be represented in any font, colour or format.
The logo is not covered in this type
Device Mark – Device mark is where the trademark owner has a right over the design, logo etc. It just protects the design and logo.
Its recommended that you always apply for both as it protects your brand and your name as well.
What are the details required to register a trademark?
Trademark to be registered
Class of trademark
The date when the trademark was first used
Power ofattorney
What are the details required to register a trademark?
What are the details required to register a trademark?
There are 45 classes of trademark. Our of it 43 are for good and 9 are for services. The detailed classes can be seen from the
http://www.ipindia.nic.in/writereaddata/images/pdf/classification-of-goods.pdf
What is the procedure to register a trademark?
Step 1 – Finalize the name and the logo
Please make sure that you take a trademark search before finalizing your name and logo. Other important thing to consider in the domain name availability. You can search the name on https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Step 2 – Preparation of POA
Preparing the power of attorney to authorize the lawyer to submit the application on your behalf. It has to be printed on a stamp paper and submitted online while
Step 3 – Application for registration
Once the trademark is applied you can start using TM symbol. It takes around 6-9 months for it to get registered if is not objected. Once registered you can start using the R symbol.
The government fees for a trademark is Rs 10,000 for companies. But if you have aadhar udyog or Start-up India registration then the fees is only Rs 5500. So it’s better you get Udyog aadhar registration before you apply for trademark.
How can I track my trademark application?
The trademark application can be tracked on the below mentioned link
What is included in our package?
Drafting Documents
Application Filing
Application Processing
Trademark application receipt Frequently Asked Questions
The trademark registration gives you the exclusive right to use the trademarked word. You can use this trademark to market, sell and build your brand. No other person is allowed to use the word trademarked by you.
For example the word TATA can only be used by the trademark owners that is Tata Sons.
The trademark registration gives you the exclusive right to use the trademarked word.
It protects your right for your brand name. if you have trademarked your brand , you can legally sue someone who is using the similar trademark.
A trademark application in India means that you trademark is protected in India only. With the rapid globalisation there was a need that a trademark should be registered globally that is in almost all the countries.
Thus the Global Trademark means a trademark which is registered in all the countries globally.
There are 1 ways to register a trademark globally:
- To file trademark application in all the countries separately. that is 1 application in 1 country. This is a very costly and time consuming process.
- To apply trademark under Madrid Protocol. Under this protocol you just have to file 1 application and its get registered in 18 countries including USA.
The cost to apply for Global Trademark : You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid Protocol, international trademark registration protects your mark in the 80 countries that are signatories, of which the U.S. is one.
What can be trademarked?
A phrase, word, shapes, images, sound, symbol, device, logo or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.
What cannot be trademarked?
- Proper names or likenesses without consent from the person
- Generic terms, phrases, or the like
- Government symbols or insignia
- Vulgar or disparaging words or phrases
- The likeness of a U.S. President, former or current
- Immoral, deceptive, or scandalous words or symbols
- Sounds or short motifs. These are covered by copyright instead.
- Trademark: Protects the symbols or words that show the source of goods and services
- Copyright: Protects artistic works such as books, songs, and lyrics
- Patent: Protects inventions or alterations to inventions
A search of the Indian Trademark Registry database will indicate whether there are any marks identical or deceptively similar to your trademark in India. The trademark search can be conducted in the official Trade Mark Registry website in India in the link copied below:
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx