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Trademark Registration Online - Procedure, Benefits, Documents Required, Fees

Updated on June 19, 2021 11:33:32 AM

Trademarks help you distinguish your products and services from competitors and help identify you as the source. It is a name or symbol that a company uses on its products, and another company cannot legally use that. Startups can build a positive reputation if they have a registered trademark. If a business maintains a good reputation, people are inclined to work with and for them.

Trademark Registration - Overview

The term trademark refers to a phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a particular company and recognizes the company's ownership of the brand. The registration of the trademark is valid for ten years and renewable every ten years.

  1. What can be trademarked?
  2. Types of Trademark symbols
  3. Benefits of Trademark registration
  4. Process of Trademark registration
  5. Documents required for Trademark registration
  6. Trademark Registration Fees
  7. Frequently Asked Questions

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What can be trademarked?

What can be trademarked?

  1. Name: A name including personal or surname of the applicant in business or the signature of the person.
  2. Words: A word which is not being directly descriptive of the character or quality of the goods / service.
  3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
  4. Images: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
  5. Sound: Sound marks in audio format. For example, the sound in the ad jingle.

Types of Trademark symbols

  • TM (™) : TM symbol signifies that the trademark or device mark has been applied with the concerned authorities and is yet to be registered.
  • R (Ⓡ) : R symbol denotes that the applied trademark or device mark is registered from the concerned authority.
  • SM (℠) : Service Mark symbol signifies that the service or device mark has been applied with the concerned authorities and is yet to be registered.

Benefits of Trademark registration

Benefits of Trademark registration

Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:

  1. Legal Protection: Trademark registration gives you a superior and legal hand over someone who tries to copy your trademark.
  2. Trust Building: Trademark helps you maintain and increase your brand value in the market. It builds trust between a consumer and the brand. Registering a trademark creates the face of the company or the goods and services.
  3. Valuable 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.
  4. Cost-Effective: Trademark Registration is very cost-efficient. Once you have registered your Trademark, you need not worry about it for at least 10 years until you renew your trademark registration again.
Benefits of Trademark registration

Trademark Registration Process

Trademark Registration Process

Let’s understand the complete process of Trademark registration:

  • Step 1. Trademark Search
  • Depending upon the goods and service description, sectors in the trademark are divided into 45 classes. Anyone can search the correct trademark class of their product or service from our Trademark class search tool. Once the trademark class is confirmed, we’ll check the availability and probability of trademark registration on the government database.
  • Step 2. Trademark Application
  • After ensuring your trademark's availability and probability via Trademark Registry India, you can register your trademark. A trademark application can be filed both online and offline. To promote the Digital India scheme, the government is offering a 10% discount on the fee. The application for the registration of the trademark should contain the following particulars:
    1. "Mark" chosen to be registered
    2. Trademark owner's information
    3. List of goods or services
  • Step 3. Examination Report
  • After a trademark application, it is examined by the Registrar for any disparity. This examination process might take around 60 days. There are chances if the Registrar accepts the trademark absolutely, conditionally or object to it.

    If it gets accepted unconditionally, then it will get published in the Trademark Journal. If an objection is raised by the registrar, then proper trademark objection reply is needed to be filed along with evidences.

  • Step 4. Journal Publication
  • Journal Publication does not mean the trademark is registered. However, the publication of a trademark in the Trademark Journal significantly provides the public with a chance to raise a trademark opposition, if necessary. If any opposition is raised against the trademark, then the applicant is required to file trademark opposition reply along with proper evidence. After 60 days from publication, if there is no opposition raised, then the trademark proceeds for registration.

  • Step 5. Trademark Approval
  • Once all the above-mentioned steps are cleared, the trademark will be registered by the Trademark registrar. The registration certificate is issued after four months of publication in the Trademark Journal.

Online Trademark Registration in India with Professional Utilities

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:

  1. Fill our simple form and receive a callback from our team of legal experts
  2. Provide all the necessary details and documents for the trademark application
  3. We will provide you with a Trademark Search Report
  4. Post-approval, we will draft a power of attorney and Form TM-A
  5. You’ll have to provide signed power of attorney
  6. Approve the draft Form TM-A and make the payment
  7. We’ll apply for trademark registration with the concerned department
  8. You can start using ™ with your brand within 24 hours of application
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Documents you’ll get after Trademark application

  1. Payment Challan
  2. Receipt of Form TM-A
  3. Screenshot of application on the govt. website

Documents required for Trademark registration

For Proprietorship Firm
  1. Logo (if any)
  2. Aadhar card of Proprietor
  3. Signed Power of Attorney (for Appointment of Attorney to file Trademark)
  4. Signed User Affidavit (Only for Prior usage of marks)
For Private Limited, LLP & other small entities
  1. Logo (if any)
  2. Company Master Data of Entry
  3. Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
  4. Signed User Affidavit (Only for Prior usage for marks)
  5. MSME Registration certificate
  6. Board Resolution for Appointments of Authorised Signatory
For Society & Trust
  1. Logo (if any)
  2. Registration certificate
  3. Signed Power of Attorney (For Appointment of Attorney to apply on applicant's behalf)
  4. Signed User Affidavit (Only for Prior usage for marks)
For Joint Applicant
  1. Logo (if any)
  2. Copy of Aadhar Card of both the applicants
  3. Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
  4. Signed User Affidavit (Only for Prior usage for marks)

Trademark Registration Fees

The government fees of trademark application is Rs. 9000 per class for company and Rs. 4500 per class for individuals.

So, the total cost of trademark application per class for individuals would be Rs. 5,500 including govt and professional fees.

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Frequently Asked Questions (FAQs)

 What is a Trademark?

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”.

 What is the trademark Registration?

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.

 What can be registered as a Trademark?

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.

 What is Trademark Search?

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 resources.