Register a trademark to protect the distinct identity of your logo, slogan and brand. Trust UdyamitaHelpline.com, a leading online service for online TM registration anywhere in India.
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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.
Experts at UdyamitaHelpline.com file more than 1,000 trademark applications every year. We represent clients in all major cities of India including Mumbai, Delhi, Bangalore, Ahmedabad, Chennai and more.
A trademark is a name, logo, symbol, sign, phrase, design, or sound that identifies your brand identity and builds trust in the consumers’ eyes. It facilitates businesses to locate, identify, and differentiate their goods or services from other businesses’ goods and services. A trademark gives exclusive ownership rights and protection of the brand in a legal situation. In India, trademarks are governed by the national government with the Trademark Act, 1999.
In India, when you register a trademark, it serves not only its legal purpose but also represents your business identity. Here are some important reasons to register a trademark:
It means that no one can legally misrepresent, copy, or sell your goods/services based on your trademark.
You get protection throughout the country of India. No one can copy it without permission within geographical boundaries.
For customers, your brand becomes recognizable easily and friendly, to build trust and ultimately brand loyalty.
It acts as an intangible property of the business and is licensed, sold, and franchised like any other property.
Registering a trademark is a key method of defending your brand. Here are some important festures that help you to understand why trademark registration in India is important:
When your trademark is registered, you will have exclusive use of that trademark in association with your products or services. Therefore, no other person or company will be allowed to use that mark that is identical or confusingly similar.
A trademark is not just a mark; it will become an intangible asset of your business. It has value; you could sell it, franchise it, license it, or use it as collateral to obtain a loan.
When you obtain a trademark certificate then you will get a geographical protection also. If your mark is registered in India, it protects all of India, regardless of where in the country you do business. So, your work is protected in our boundaries.
Registered trademarks are valid for a period of ten years and can be renewed indefinitely. As long as you are renewing your mark, you can protect your brand for the lifespan of your business entity.
A trademark registration certificate is legal proof of ownership of that trademark, which is critical if there ever happens to be a disagreement in part of a court of law or with a government agency.
A registered trademark will help you to expand new markets, build customer trusts, and attract investors by ensuring your brand is legally protected
Understanding the trademark registration system will help you navigate through each of the steps above seamlessly:
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Before completing your application, you and your attorney should conduct searches on the official IP India website to ensure that the name/logo you wish to use is not already in use.
Once you have your attorney and are ready to put in an application, you will have to complete your application, showing the name of the applicant, the category for the business, the logo if you are registering a logo, and the goods/services you will be using that logo with.
At this point, the Registrar will review the application to ensure it meets the provisions of the Act.
Once the Registrar confirms that there are no objections to the application, and none of the ends that the Act intends to protect are adversely affected by the application, the application will be published in the Trade Marks Journal for third parties to file any objections.
If anyone is damaged by the trademark (logo) you are trying to register, they can file an objection to your trademark application.
If no one opposes your trademark application or your objections are dealt with, then once the period of objections has passed, the Registrar will issue you a registration certificate.
PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)
The logo must contain the Brand Name applied to register a Trademark
If a specific user date is to be claimed, the user affidavit is also required to be submitted
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
Partnership firm, body corporates can provide a certificate of registration under the MSME or Start-up India scheme to avail a 50% rebate on the Government fee.
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature
Note: Above we have mentioned the list of common documents you may required to obtain IEC certificate. For detailed document list consult udyamita helpline at advisor@udyamitahelpline.com.
You may verify your trademark registration status by checking the official IP India Trademark Search website:
Trademark registration fees vary from INR 3,000 to INR 3,00,000, depending on the type of industry and the product you want to apply for. It will include the government fees, along with the consultancy charges.
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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.
A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.
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.
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.
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.
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.
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.
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.
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.
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.
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
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.
Every business should register its trademark because it gives businesses a competitive edge. It is crucial for numerous reasons as it:
In India, if a trademark is valid for 10 years and can be renewed indefinitely in 10-year intervals, as long as the owner pays the applicable renewal fee. If a renewal application is not filed, the mark can be removed from the register. If a mark is removed from the register, however, it is possible to restore the mark within the relevant grace period.
Any person wishing to safeguard their brand’s identity in India can apply for Trademark Registration. The eligibility under the Trademark Act, 1999, is as follows:
Any individual can register a Trademark in their own name (no matter if they do not run their own business). For example, A Freelancer or any Entrepreneur intending to launch a brand.
The sole proprietor can register any trademark name, logo, or name of product name under trademark protection in their name.
A Ltd company can apply in its name as the true owner of the trademark, and the application may be made in the name of the legal entity (the company) and not its directors.
Non-Government Organisations (NGOs), trusts, and societies can apply to register the name, emblem, or logo.
A partnership, including an LLP (Limited Liability Partnerships), may register a trademark in the name of the partnership, and the application must contain the names of all of the partners.
Startups and MSMEs should be eager to apply to register trademarks so they can protect brand identity and enjoy lower fee rates on an application.
The time to get a trademark approved in India usually depends on the application process, objections (if any), and government workload. On average:
|
Stage |
Timeline |
Details |
|
Filing Trademark Application |
Immediate |
Acknowledgment issued; you can start using the ™ symbol. |
|
Examination by Trademark Office |
6 – 8 months |
The application was reviewed by the examiner for any discrepancies. |
|
Publication in Trademark Journal |
4 months |
Open for public opposition/objections. |
|
Final Registration & Certificate |
12 – 18 months (if smooth) |
Trademark approved, and you can use the ® symbol. |
|
With Objections/Opposition |
2 years or more |
Approval delayed due to hearings and legal proceedings. |
You get a thorough Search Report for your Brand
Submit all your documents online
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India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is:
Trademark symbol ‘TM‘ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.
Trademark, copyright and patent are the types of intellectual property in India. Although all types of intellectual property are very different, but people often confuse among them.
Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, artistic work either published or unpublished.
Patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration.
Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises.
It’s not mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the ipindia online portal or by visiting patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.
A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
You can search the online trademark database to check the availability of the desired trademark. UdyamiHelpline.com Search bar and ipindia are the most commonly used platform for free trademark search.
Who can obtain a trademark is depend on the applicant type:
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.
As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.
No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.
There are numerous advantages to registering the brand name:
