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Get Your Trademark Registered
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What Is Included In Our Package?
Individual
₹5,999
inclusive govt. fee +GST
Ideal for Individual, Proprietor
Online filing 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
Business
₹11,499
inclusive govt. fee +GST
Ideal for Private Limited Company / Partnership Firm
Online filing trademark application
Drafting of Form TM-A
Advice on trademark classification
Name search and approval
Regular updates untill registration
Excludes the reply to trademark objections
MSME
₹5,999
inclusive govt. fee +GST
Ideal for Medium and Small Enterprises
MSME registrations also covered
Online filing trademark application
Drafting of Form TM-A
Advice on trademark classification
Documented follow-ups
Business Hours Support
Excludes the reply to trademark objections
Steps involved in Trademark Registration
After filing of the Trademark application, TM application number is allotted to check and be updated about the progress of the application for the Trademark registration. The following steps are involved for the registration and issuance of the certificate for registered trademark:-
After the submission of the trademark application, it is received by the Trademark Registrar. If the trademark includes any figurative element or a logo then the application will be processed under Vienna Codification in accordance with Vienna Agreement as followed in India, without making their own national classification. The application status depicts as “Send to Vienna Codification” at this stage.
The trademark application is scrutinized in this step wherein the basic details of the applicant and the annexed documents are examined and verified, whether the details have been mentioned correctly or not. The application status depicts as “Formalities Check Fail or Formalities Check Pass” at this stage. In case of Formalities Check Fail, the applicant has to file a reply with a correction in the application as requisite within 30 days of receipt, non-compliance leads to abandoning of the application.
At this stage, the application is examined by the Trademark Examiner for any discrepancies and to confirm the eligibility of the application for registration. Accordingly, an examination report is issued either accepting absolutely or raising objections to the application. In case of objections, the applicant has to reply within a period of 30 days from the date of issuance of the examination report. The charges for objection may apply subject to the nominal additional charges of Rs. 2500/- inclusive of taxes. In most of the cases, the objection is removed after receipt of the reply to the examination report, otherwise an opportunity of personal hearing is granted to the applicant before the adverse disposal. In case of personal hearing, the lawyer on our behalf will put an appearance before the competent authority subject to the payment of Rs. 3000/- inclusive of taxes on hearing basis.
After the clearance given by the Trademark Examiner, the Trademark will be published in Trademark Journal by the Head Office of the Trademark Registry for objections to be raised by any aggrieved or affected person with registration of the trademark. If no objection is raised within a period of 4 months, the trademark proceeds for registration.
This is the final stage wherein the Certificate of Registration is issued to the applicant under the seal of the Trademark Office after the registration of the Trademark for the period of 10 years from the date of the submitting the application and the same can be renewed for another term of 10 years on it expiry.
Note:
This whole procedure of registration has to go through number of channels and stages, therefore it is time-consuming and does take around 8-10 months in general course if the brand name is unique. Otherwise, it varies from case to case and can take time upto 18 months, whereas the trademark application number is usually issued in 01-02 days after filing.
Validity and Renewal of Trademark
After filing of the Trademark Application with the Registrar of the Trademark office or online, the applicant can start using symbol beside the logo or brand on the registration of the application and thereafter, on the registration of the Trademark, the applicant can apply symbol over his/her trademark. All the registered trademarks are valid for the period of 10 years from the date of its registration.
The trademark can be renewed before its date of expiry, within 6 months prior, by submitting requisite Government Fees along with Form TM-12. It needs to be noted that the renewal of the Registration of Trademark will initiate from the date of the expiry of the last registration of the trademark.
Furthermore, even an expired trademark can be renewed and restored after 6 months and within one year from the date of the expiry of the last registration of the trademark by submitting requisite Government Fees along with Form TM-13.
Who Can Apply for Registration
Any person claiming to be actively using or proposed to use a trademark by him, may apply for the registration of trademark in accordance of the prescribed manner, wherein the person whose name has been mentioned as the applicant will be registered as the owner of the trademark, once the registration procedure gets through and is completed successfully.
Even the foreign applicants can apply for the registration of trademark in India, in accordance with the Madrid Protocol (the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), they need to file an international trademark application through the trademark office of the applicant. This trademark office is known also as the Office of Origin. The Office of Origin receives the application and then forwards it to the World Intellectual Property Organization.
Note: The term “Person” includes the following:-
Individuals
Private Firms
Companies
NGO’s
Legal Entity
Advantages of Trademark Registration
Even though the ownership of the Trademark is ascertained on the basis of the First-To-Use over First-To File rule, but still there prevail number of benefits for the registration of trademark over unregistered trademarks expeditiously, which are as follows:-
1.
Registration of Trademark grants right to file suit for infringement against the wrongdoer, whereas unregistered trademark grants right to suit for passing off, wherein the burden to prove its case lies on the plaintiff only and this is the only remedy available to the unregistered trademark in accordance of common law.
2.
In case one needs to register the trademark in nations other than India, the trademark enrolled in India can be utilized as a premise of enrollment there. For any individual willing to extend outside India, the trademark enrolled in India can furnish a decent base alongside the established Goodwill in the country.
3.
Registrations of Trademark establish quality of the product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.
4.
Registration of Trademark incorporates Prima-Facie evidence of ownership as well as of validity of the business.
5.
Registration of Trademark incorporates as an important asset of the business, as it generates goodwill which can be sold, licensed and assigned in the market.
6.
Registration of Trademark helps to dissuade other businesses, otherwise or within the same industry, from using it unlawfully.
7.
Registration of Trademark provides statutory protection in India.
Frequently Asked Questions
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Intellectual Property Appellate Board (IPAB) hears appeal against the decisions of the Registrar under the Trade Marks Act, 1999. The place of hearing shall be the place having jurisdiction under Rule 2(m)- the principal seat at Chennai or at Delhi, Mumbai, Kolkata or Ahmedabad, where the Head Office or the branch office of the Trade Mark Registry is located.
Yes, you can use the ‘TM’ symbol with your logo once you applied for registration of a trademark. This symbol is used to indicate that an application for trademark registration exists and serves as a warning to infringers.