Updated on July 20, 2024 10:14:11 AM
Trademark registration distinguishes your brand from competitors and help in identifying your product & services as source. Trademark could be a Name, Slogan, Logo or Number which a company uses on its business name, Product or services.
Registering a trademark could be a time taking process as brand registration could take minimum 6 months to 24 months of time depending upon the result of the Examination Report, that' why Professional Utilities provides Brand Name Search Report to get a fair idea about turnaround time for registration.
Once a Trademark application is processed with the government department, applicants can start using the TM symbol on their mark & ® when the registration certificate has been issued. The registration of the trademark is valid for ten years & can be renewed after ten years.
We, the team of Professional Utilities will help you to provide better assistance regarding Trademark Registration. Our professional assistance are committed to bring your complex problem with simple solution! Our team will surely revert back all your responses whether it is your queries, doubts and related investigation on the subject of trademark registration.
Trademark Sample Certificate
Trademark registration is a legal process that gives brand a recognition in the market. This registration ensures that your product’s symbols, logo or name won’t be misled or used by another business entity in order to gain benefits from your product’s recognition.
Most of the well-established companies become prey of using similar logos, marks and names of other competitors due to non-awareness of existing trademarks. This act violate the terms and conditions and thus considered as trademark infringement. To avoid such condition, you need to first register your names, logos and mark under trademark registration in order to protect your product’s unique selling preposition, originality and to stand out unique in product rivalry.
A product mark is a mark that is used on a goods or product instead of a service. This kind of trademark is used to figure out the origin of a product & helps business keep its good reputation.
A service mark is used to set apart a company's services instead of its products. The service mark is used for non-tangible products.
A shape mark is a trademark that is made up of or extends to a three-dimensional shape, such as the shape of a product's container, packaging, or the product itself.
When a good or service has a certification trade mark, it denotes that it complies with a particular set of criteria or possesses a specific quality.
A sound trademark is a trademark that makes use of sound in order to fulfil the traditional role of a trademark, which is to unmistakably identify the origin of the commodities, goods, and services.
The term "Colour Mark" refers to a trademark that consists of a single colour or a mix of colours that is claimed to be registered as a trade mark.
A wordmark, also known as a word mark or logotype, is a distinct typographic treatment of the name of a company, organisation, or product.
The product & service must be identified by the given number. In order to register a trademark for the numeral 7, for instance, that number must be used to uniquely identify a certain category of goods & services.
A device mark is any kind of sticker, label, logo, monogram, or geometrical figure that isn't a word mark. It has drawings & designs, Color: It consists of a colour or a combination of colours, with or without a device mark, that is different from others.
Pattern marks are marks that are made up of patterns that can be used to identify goods or services as coming from a certain business. These patterns set it apart from other businesses patterns that can be registered as trademarks.
Packaging identifiers are used to describe a package's contents in more detail than just the labels. They include things like the correct shipping name, identification number, limited and exempted quantities, and environmentally hazardous substances.
Collective marks are trademarks owned by an organisation, such as an association, that its members use to identify themselves with a quality, accuracy, geographical origin, or other attribute defined by the group.
Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:
The step-by-step procedure for Trademark registration is as follows:
Trademark search or Trademark name search is one of the most critical factors determining the registration probability of a mark (brand). Although it helps individuals decide whether the brand name can be registered or not, merely having a unique brand name doesn’t guarantee a trademark registration.
It is always advisable to get a trademark availability report before application of the trademark, as applying a wrong trademark may lead to wastage of time, money and even lend you in litigation activities.
Note: Professional fee for trademark Name Search is not included in the filing process.
Once the trademark application has been submitted, the examiner will examine the accuracy of the application. In case of any discrepancy, the examiner may issue a trademark objection report within 60 days from the date of application.
Trademark application gets published in Trademark Journal once it’s accepted unconditionally.
The applications are published to Trade Mark Journal every 14th day. Anyone having an objection to the brand name can raise opposition to the trademark registrar within 4 months from the date of issuance of the examination report.
If there is no opposition to the trademark application, it is forwarded for registration.
After completing 4 months of advertisement of the Trademark in the Trademark Journal, the registration certificate is issued digitally from the registrar of Trademark.
Every registered trademark has to be renewed after 10 years to ensure the protection of your brand identity.
The trademark registration process can be a cakewalk with an expert attorney. Professional Utilities can help you simplify the entire registration process without dwelling on the deadlines and responses.
For Trademark registration, the following documents are required:
Payment Challan
Receipt of Form TM-A
Screenshot of application
After applying for the registration of the Trademark, it is always advised to check the status of the Trademark Application. There are different status of Trademark Application that might come across while tracking your trademark application through Trademark Status Checker. We will discuss some of the status of trademark application in detail over here:
The Trademark registration fees for MSME , sole proprietors, individuals, and startups is only ₹4500.
| Fee Type | Registration cost for Individual | Registration cost for Company |
|---|---|---|
| Trademark Government Fee | ₹ 4,500 per class | ₹ 9,000 per class |
| Trademark Professional Fee | ₹ 1,499 | ₹ 1,499 |
| Total Fees | ₹ 5,999 | ₹ 10,499 |
Trademark registration involves various fee that differ based on factors such as jurisdiction, type of application, and others. Among the commonly incurred cost is the government fee. For instance, the government fee for online trademark applications by individuals or proprietorships amount to ₹4,500/-. For companies, the fee for online application is ₹9,000/-.
When seeking assistance for trademark registration, attorney cost may differ significantly based on various factors like application complexity, jurisdiction, attorney expertise and experience, and time commitment. It is advisable to seek an attorney's help during the registration process to ensure compliance with laws and regulations. For trademark application, attorney cost is typically around ₹1,000/-.
A trademark registration remains valid for 10 years starting from the application filing date. To continue using the trademark, it must be renewed every 10 years by paying the renewal fee. In India, the renewal fee for physical filing of the application is ₹10,000/-, while it is ₹9,000/- for e-filing. Failure to pay the renewal fee within the specified time can result in the trademark registration being removed from the trademark register. Thus, timely payment of the renewal fee is crucial for maintaining the validity of the trademark registration.
To effectively manage trademark registration fees, it is important to comprehend the varied fees associated with the process, which can differ based on factors like the jurisdiction, type of application, and others. Some key tips to manage these fees efficiently include conducting comprehensive searches, collaborating with a reliable attorney, considering the type of application, adhering to renewal deadlines, and avoiding unwarranted fees. Employing these strategies can help businesses safeguard their brand identity and deter competitors from infringing on their trademark.
The process of registering your trademark is complicated, and the expertise of an attorney is highly recommended. Our legal experts at Professional Utilities can simplify the whole registration process for you. Apply for trademark registration online with Professional Utilities:
A Trademark can be one of the most valuable assets of your business. Unfortunately, many brands ignore the Trademark registration process or avoid it completely because they see it as too complex or boring. The truth, however, is that the process is not complicated at all and has to be done in order to ensure you won’t run into issues later on down the road when you’re trying to protect your brand or sell it to another company.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Basically a trademark is a brand or a logo that you use to distinguish your product from those of your competitors. The term Trademark is the legal term for “intellectual property”.
Trademark Registration is a legal procedure provided under the Trade Marks Act, 1999. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same.
A phrase, word, symbol, device, or even 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. Trademarks have a 10-year protection span.
Trademark searches refer to any action taken for the purpose of determining whether and/or a trademark is used in commerce. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search. An appropriate search strategy will consider the nature of the mark, the nature of the goods/services the mark covers, the timeline for bringing the mark to commerce, and the applicant's allocation of reso
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