Trademark Registration !

Trademark Registration

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Register a trademark to protect the distinct identity of your logo, slogan and brand. Trust Registerkaro.in, a leading online service for online TM registration anywhere in India

For a limited time period, get your Trademark registered online for ₹1499/-, Just submit your details and our business expert will get on a call with you to explain the process.

*Government Statutory fees would be charged seperately

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Trademark Registration

Overview:

It takes a great deal of hard work and resources to build a brand. Hence, It is important to make sure that you have exclusive ownership to use the logo, slogan, shape and packaging of goods, sound, smell, colour combinations or anything else that gives your brand a distinct identity. Trademark Act, 1999 allows you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark.

Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 15-18 months. It includes various processes for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can now be registered as a trademark in India.

Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.

Documents Required for Trademark Filing

ID Proof

Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)

Power Of Attorney

Duly signed by the applicant to authorise us to file on their behalf

Address Proof

Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months

Board Resolution *

Only in case of a company

Brand

A soft copy of trademark to be registered

User Affidavit

If a specific user date is to be claimed, the user affidavit is also required to be submitted

ONLINE REGISTRATION

Make Application in 3 Easy Steps

1. Follow Quick Process

  • Pick the best suitable Package

  • Spare less than 10 minutes to fill out our online Questionnaire

  • Upload required documents

  • Make quick payment through our secured gateways

.

2. Experts at LW are here to help

  • Assigned Relationship Manager

  • Consultation for right TM Class

  • Trademark Search Report

  • Drafting of Documents

  • Preparation & Filing of Application

 

3. Start Using TM now!

  • All it takes is 3 working days*

THE PROCESS

Procedure to Register a Trademark

DAY 1 - Collection

  • Discussion and collection of basic Information

  • Provide Required Documents

  • Select appropriate Class

  • Trademark Search & Availability Check

.

DAY 2 - Execution

  • Drafting of Documents by Professionals

  • Franking on Power of Attorney

DAY 3 - Submission

  • Filing of online TM application

  • Sharing the filed application & receipt

DAY 4 - Start using TM

  • You can now legally start using ™ beside your logo or brand

Trademark Registration Fees

Trademark Registration
(Individual)

₹6,499

(all inclusive)

7999_edited.png
  • Ideal for Individual, Proprietor

  • Online Filing of trademark application

  • Drafting of Form TM-A

  • Advice on trademark classification

  • Government fees and application filing

  • Business hours Support

  • Excludes the reply to Trademark Objections

Trademark Registration
(Business)

₹11,499

(all inclusive)

13999_edited.png
  • Ideal for Private Limited company & Partnership Firm.

  • Online Filing of trademark application

  • Drafting of Form TM-A

  • Advice on trademark classification

  • Name Search and Approval

  • Regular updates until Registration

  • Excludes the reply to Trademark Objections

Trademark Registration
(MSME)

₹6,499

(all inclusive)

7999_edited.png
  • Ideal for Medium and small Enterprises.

  • MSME Registration also covered

  • Online Filing of trademark application

  • Drafting of Form TM-A

  • Advice on trademark classification

  • Documented follow up

  • Government fees and application filing

  • Business hours Support

  • Excludes the reply to Trademark Objections

Online Trademark Registration Procedure

Step 1: Surf internet for a brand name that is “wacky-enough”

This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.

What can be Registered as a Trademark?

Trademark Product Examples

Product

 

A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.

Trademark Pattern Examples

Pattern

 

The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.

Trademark Sound Example

Sound

 

Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.

How to register a Trademark Number

Numbers

 

The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.

Trademark Service Examples

Service

 

 

A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.

Trademark Collective Examples

Collective

 

Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.

Trademark Colour Examples

Colour

 

The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.

How to register a Trademark Device

Device

 

A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.

Trademark Shape Examples

Shape

The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.

Trademark Certification Examples

Certification

 

Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.

Trademark word Examples

Word

 

A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.

How to register a Trademark Packaging

Packaging

 

All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.

Step 2: Preparing a trademark application

The following supporting documents together with the application have to be submitted for online trademark registration:-

– Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.

-Soft copy of the trademark.

– The proof of claim (which is applicable) of the proposed mark can be used in another country.

– Power of attorney to be signed by the applicant.

Step 3: Filing the application of brand name registration

Manual Filing and e-filing are the two different ways for filing the registration.If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!

Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges. It means you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.

In case of failure to get the name approved in the second go, you can file the SPICe form again from scratch. This will any day prove to be cheaper than opting for the first option. The whole process including name approval and incorporation takes around 2-3 days.

Step 4: Examining the process of the brand name application

Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!

Step 5: Publication of your brand in the Indian Trade Mark Journals

After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.

Step 6: The trademark registration certificate issuance

The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.

Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.

How to Register a Trademark ?

Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.

Choosing a trademark:

Remember to choose a unique and distinctive mark it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. You can find the class list here

Mark search:

Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option.
Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search they will also help you with the whole process.

Filing application:

 

There are two options you can take while filing for a trademark.

– File for a trademark under “one” class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-1. The fee payable for the filing of form TM-1 is rupees 3,500. You can find all the amounts payable for the corresponding forms here

– The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class. Filing of this form has two separate cost brackets:

Rupees 9,000 or rupees 10,000

If you are not a start-up, small enterprise or an individual you will fall under this bracket. You have to pay rupees 9,000 for e-filing of the from or rupees 10,000 if you file the form in person.

Rupees 4,500 or rupees 5,000

If you are an individual, small enterprise or a start-up then you fall under this bracket. Rupees 4,500 is the charge for e-filing of the form or rupees 5,000 if you file the form physically.

While filling the form make sure not to make any mistakes, this may lead to delays or even rejection of the application. You have to fill in all the details and also add a picture of the trademark with the dimensions of 9 by 5 cms. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.

You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, if done physically it may take to 15-20 days.

Why RegisterKaro ?

Search Report

  • You get a thorough Search Report for your Brand

Online Procedure

  • Submit all your documents online

Fastest Filings

  • We file your Trademark within 24 Hours

Application Updates

 

 

  • We track your application and guide you for the complete process

Top 8 Things You Need to Know Regarding Trademark Registration

A trademark can be one of your company’s most valuable assets. It is a form of identification and contributes significantly towards building the company’s public image. A trademark is a visual symbol – a word, name, numbers, label, logo, a combination of colours etc. It is a mark of uniqueness and helps the customers identify a particular brand or company.

The Trademark Act, 1999, governs the laws related to trademarks and their registration.The trademarks in India are registered by the Controller General of Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.
Take a look at the top 8 things you need to know about trademark registration:

A Visual Representation

The types of trademarks you can get registered are quite varied. Here are a few types:-
– Word Marks
– Service Marks
– Logos and Symbols
– Shape of Goods
– Series Marks
– Collective Trademarks
– Certification Mark
– Geographical Indicators
– Pattern Marks
– Sound Marks
– Colour Marks
– Three Dimensional Marks

An Intangible Asset

Consider the fact that your business builds a reputed name and turns out a successful brand. A trademark, being a type of intellectual property, brings heaps of benefits to the company. Once a trademark is registered, it becomes an intangible asset that can be traded, franchised, commercially contracted and distributed.

Protection Against Infringement and Other Legal Protection

The owner of a registered trademark can exercise his legal rights in case there is any infringement with regard to the owner’s logo, brand, a slogan that has an active trademark against it. The owner has the right to sue any third party that uses the trademark without the prior permission of the owner of the trademark.

Trademark Search

A trademark search is usually carried out to check if a particular trademark already exists. The search can be conducted through the government’s Indian Trademark Registry database or a third-party service provider website.

 

Class Selection

The goods and services here are classified into 45 different sectors. Each sector is referred to as a class. Every logo or brand name is to be registered under the appropriate class at the time of application. Out of the 45 different classes, 34 of those classes comprise of product classes, and the remaining 11 are for service.

Voluntary, not Compulsory Registration

The registration of a trademark is done on a voluntary basis. However, if a trademark is registered, it holds concrete evidence that the ownership of the trademark belongs to the person who has taken the effort to register it. All legal decisions will be in favour of the party that had the trademark registered.

Validity

A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed. Even on removal, the trademark can be reinstated through what is known as restoration of the trademark in the prescribed form.

Trademark Symbols

Trade Mark (TM) and Service Mark (SM)

This symbolises that the trademark has not yet been registered, but an application for the same is pending. It is put up to warn third parties lest they infringe upon the same. There is no specific legal significance as such because the application has not yet been approved by the authorities.

R Symbol

On the approval of the trademark application, you, as the proud owner of the newly registered trademark, are empowered to display the R symbol next to the trademark. This symbolises that the trademark is officially registered, that infringement of any kind by a third party will be punishable by law.

It is not mandatory to display the R symbol. However, it protects the owner of the trademark in a way that, should anyone rip-off the actual product, on suing the third party for infringement, he has a right to recover all the profits that were lost. This is because the court requires the owner to prove that the infringer was aware of the fact that the trademark was registered and yet went ahead to use it without any prior permission.

C Symbol


The C symbol is generally used to signify copyright that the owner has over some creative work. This includes:


– Artwork- Photography


– Videography


– Literary Works

– Software

The C symbol is valid for a lifetime. The symbol is used with the copyright holder’s name and the year of the first publication in the country where the work was copyrighted. All in all, there is a lot that one must be aware of when it comes to trademarks and their registration. The process, in itself, is quite tricky, which is why the applicant must carry out proper research concerning the same. Therefore, registering your trademark has benefits aplenty provided it is done with due care.

Benefits of Trademark Registration in India

Trademark is a unique symbol or sign which may be a label or numeral or combination of colours for identification of your goods or services. You can obtain a trademark registration under the Trademarks Act, 1999.

Trademark enables you and a third party to distinguish your products and services from those belonging to your competitor. However, it would be helpful to keep in mind that geographical names, common names, common trade words and common abbreviation cannot be registered as a trademark.

Apart from being unique, a Trademark should be easy to use, make your products marketable and create brand recognition for your products. Trademark registration has several advantages and benefits to the owner:

  • Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected from infringement. Trademark registration also confers an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark. Further, you can use the ® symbol only for the goods and/or services listed in the registration certificate.In the case of unauthorised use of a registered trademark, you can seek relief for infringement in appropriate courts in the country.

  • Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. Also, since trademark registration will be valid for the entire class of goods or services so represented, it will help in distinctly identifying your products. Customers uniquely identify products carrying different trademark, thus creating a customer base for your product.

  • Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customers.

  • Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognised as an intangible asset for accounting and income tax purposes. Trademarks are intellectual property and carry a value associated with the products they represent. Trademarks can be sold, franchised, assigned or commercially exploited in any other manner. You can recognise the value or cost associated with trademarks in the books of accounts, and also claim a deduction for depreciation and recognise income from the same.

  • Business valuation and goodwill: Trademarks registered and associated with your products enhance your overall business value, goodwill and net worth in the industry. Your trademark communicates your quality assurance, distinct features of your products and your organisation’s mission. Trademarks contribute to the growth of your business. They help retain loyal customers and protect the goodwill of your business.

  • Trademark recognition: Trademark registered in India is valid for ten years from the date of filing of an application . However, the trademark can be further renewed. In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.

  • Business expansion: A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base. Your trademark helps you in retaining and expanding the customer base. Registration of your trademark confers exclusive rights of use for 10 years and protects your business revenues. Business enterprises can leverage the benefits of a customer base by introsducing new products and expanding their business.

Frequently asked questions

What cannot be registered as trademark?


Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.




Should the trademark be filed in the individual’s name or companies name?


Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.




Once registered for what period, a trademark is effective? Can a trademark registration be renewed?


The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.




How long does it take for the trademark to get registered?


Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.




Will the trademark be valid outside India?


The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.




How does my start-up qualify for a 50% rebate on Government fee?


If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.




If I register my Brand Name & Logo, would they be considered as 2 applications or 1 application?


The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.




Can a registered trademark be amended later?


Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.




Is the trademark liable for removal on the ground of non-use?


Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.




When can I use Symbol R or TM?


Symbol “TM” can be applied after filing of a trademark application. After registering a trademark a symbol “R” must be used. The ® symbol may only be used in connection with the goods and services mentioned on the registration certificate.