Online Trademark Registration in India

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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OVERVIEW

Register Trademark Online

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.

BENEFITS

Benefits of Trademark Registration in India

Guards the Commercial Goodwill

A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.

Advertises Goods and Services

Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.

Legal Protection

A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.

Creation of an 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.

ONLINE REGISTRATION

Documents required to Register a Trademark

Proof of Applicant

PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)

Brand Name & Logo

The logo must contain the Brand Name applied to register a Trademark

User Affidavit

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

Proof of TM Use

To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided

MSME / Start-up Recognition

Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee

Signed Form TM – 48

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

What can be Trademarked?

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.

Service

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

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.

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.

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.

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.

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.

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.

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.

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.

Device

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

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.

Why Choose Udyamita Helpline

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

Trademark FAQs

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:

  • to clearly identify the goods and services covered by the mark
  • a guide for the trademark registration
  • to identify the potential future trademark infringes
  • to assist the trademark officer

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:

  • In case of an individual, the application can be filed in his own name.
  • In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
  • In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
  • In case of a partnership, the name of all the partners is required to mention in the trademark application.
  • In case of LLP, the trademark application must be made in the LLP name.
  • In case of a company, the application must be made in the name of the company only.

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:

  • A registered trademark provides greater protection
  • It deters others from using your trademark
  • Registering a trademark provides the trademark owner with greater remedies
  • Protecting your brand from infringement claims