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Trademark Registration Online - Procedure, Documents, Benefits, Cost

Updated on November 26, 2022 01:26:49 PM

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.

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. Trademark Registration Fees
  4. Benefits of Trademark registration
  5. Process of Trademark registration
  6. Documents required for Trademark registration
  7. Frequently Asked Questions

Trademark Registration Certificate [SAMPLE]

TM devicemark Sample
TM devicemark Sample
TM devicemark Sample
TM devicemark Sample

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.
Apply for Trademark Registration with Professional Utilities

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.

Trademark Registration Fees

The Government fees for Trademark registration is ₹4500 for individuals(Proprietorship) and the Government Fees for Trademark registration is ₹9000 for companies(LLP, Partnership Firm, Pvt. ltd. Company). Whereas the Attorney fees for Trademark registration is ₹999 for every applicant entity.

Fee Type Individual Company
Government Fee ₹4,500 per class ₹9,000 per class
Attorney Fee ₹999 ₹999
Total Fees ₹5,499 ₹9,999

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

The step-by-step procedure of Trademark registration is as follows:

Trademark Process.png

    Step 1: Trademark Name Search

    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.

    Step 2: Filing Trademark Application

    • Once the brand name is decided and available for registration on the Trademark portal, individuals can apply by paying the government fee of Rs. 4,500. The entire process is digital and can be done with the help of an attorney or using the DSC of the individual.
    • A trademark application can be made as a device mark (logo) or word work (name of the brand), sound mark, three dimensions, goods' shape, and colours. Using a mark can be prior or proposed to be used, and selecting the appropriate option may speed up the registration process.
    • If the company name and brand name are the same, it must be ensured that the trademark applicant is an organisation instead of an individual.
    • In general, the trademark application fee for companies is Rs. 9,000, but a subsidy of 50% can be availed by attaching a Startup India Recognition certificate or MSME certificate.
    • If the applicant is an individual, it is advisable not to attach their PAN and Aadhaar as the trademark documents are available in the public domain and hence may have an adverse impact.
    • Goods and description or taxonomy used for trademark application should be cross verified from trademark website as a wrong nomenclature may lead to rectification of trademark application by filing TM-M form.

    Step 3: Trademark Examination

    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.

    • Around 75% of trademark applications are objected to due to a lack of understanding of deciding a brand name.
    • If an objection is raised from the trademark department, a reply to the objection must be filed within 30 days from the date of issuance of the examination report. The registrar may abandon the application in case of a non-filing of trademark objection reply within the stipulated time.
    • If the trademark objection response is not accepted, the application will be transferred to show cause hearing. Almost 80% of the trademark objection replies are transferred to show cause hearing, so it is always advisable to get a trademark objection reply drafted from an experienced attorney.

    Trademark application gets published in Trademark Journal once it’s accepted unconditionally.

    Step 4: Trademark Publication

    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.

    Step 5: Trademark Registration Certificate

    After completing 4 months of advertisement of the Trademark in the Trademark Journal, the registration certificate is issued digitally from the registrar of Trademark.

    Step 6: Trademark Renewal

    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.

Apply for Trademark Registration with Professional Utilities

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:

  1. Registered - If your trademark application shows ‘Registered’ then it means the trademark application is approved and the trademark is registered to the applicant.

  2. Abandoned - The status ‘Abandoned’ means the applicant has failed to respond to the Registrar within the specified time and format.

  3. 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.

  4. 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.

  5. Refused - It states that the application for the trademark application has been refused on the basis of the applicant's response to the Registrar.

  6. 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:

  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

payment chalan icon
  • Payment Challan
form-tm icon
  • Receipt of Form TM-A
screenshot of appication
  • Screenshot of application
    on the govt. website

Documents Required for Trademark registration

For Trademark registration, the following documents are required:

  1. Logo or brand name
  2. Signed power of attorney
  3. Copy of GST and MSME certificate (optional)
  4. Registration certificate of the Entity (optional)
  5. Affidavit with supporting documents (only for prior usage)

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)

The Conclusion

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.

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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.