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.
Name: A name including personal or surname of the applicant in business or the signature of the person.
Words: A word which is not being directly descriptive of the character or quality of the goods / service.
Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
Images: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
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
Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:
Legal Protection: Trademark registration gives you a superior and legal hand over someone who tries to copy your trademark.
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.
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.
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.
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:
"Mark" chosen to be registered
Trademark owner's information
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.
Status of Trademark 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:
Registered - If your trademark application shows ‘Registered’ then it means the trademark application is approved and the trademark is registered to the applicant.
Abandoned - The status ‘Abandoned’ means the applicant has failed to respond to the Registrar within the specified time and format.
Marked for exam - If status is ‘Marked for exam’ then it means the trademark application is submitted and reached the 3rd step of Procedure to the Registrar for Examination Report.
Objected - Trademark Application Status ‘Objected’ defines that the Registrar wants some clarification related to the trademark and Trademark Objection is being raised against it. An Examination report will be sent to you demanding a proper reply from your side. Failing to do so can result in Trademark Refusal also.
Refused - It states that the application for the trademark application has been refused on the basis of the applicant's response to the Registrar.
Opposed - The status ‘Opposed’ means that the trademark application is opposed by any third party after its 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:
Fill our simple form and receive a callback from our team of legal experts
Provide all the necessary details and documents for the trademark application
We will provide you with a Trademark Search Report
Post-approval, we will draft a power of attorney and Form TM-A
You’ll have to provide signed power of attorney
Approve the draft Form TM-A and make the payment
We’ll apply for trademark registration with the concerned department
You can start using ™ with your brand within 24 hours of application
Board Resolution for Appointments of Authorised Signatory
For Society & Trust
Logo (if any)
Signed Power of Attorney (For Appointment of Attorney to apply on applicant's behalf)
Signed User Affidavit (Only for Prior usage for marks)
For Joint Applicant
Logo (if any)
Copy of Aadhar Card of both the applicants
Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
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.
₹4,500 per class
₹9,000 per class
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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.