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Trademark Registration in India

Establish Your Brand’s Unique Identity with Online Trademark Registration from Certifications Bay.

At Certifications Bay, we specialize in providing expert assistance for trademark registration, helping businesses like yours establish a strong and unique brand identity. Our online registration process is easy, efficient, and designed to get your trademark registered quickly.

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How much it cost to Register Business in India?

The cost of establishing a business in the India varies significantly, depending on a range of factors, such as:

  • Type of business
  • Location
  • Specific licensing requirements

Offering all-inclusive business setup services in India, we understand these complexities and offers a comprehensive cost calculator. This tool provides a transparent estimation of all expenses involved in setting up your business in India. With CertificationsBay’s cost calculator, you can strategically plan your investment, making the journey toward business establishment more transparent and manageable.

Business Registration Cost Calculator

What is Trademark?

A trademark is a valuable type of intellectual property that consists of a recognizable sign, design, or expression used to identify and distinguish the products or services of a particular business. If a trademark is used to identify services rather than goods, it is called a service mark.

By registering a trademark, businesses can safeguard their logos and brands while setting themselves apart from competitors. In this way, a trademark serves as a protective shield for your company’s unique identity.

Why Your Business Should Register its Trademark?

Trademark registration provides essential benefits that every business should consider, including the protection of their unique identity, legal rights, and the potential to expand their brand. As such, it is highly advisable to register your trademark as soon as possible.

In India, the Trademark Registry is responsible for administering and enforcing trademark laws, ensuring that businesses can register their trademarks and fully enjoy the benefits of trademark protection. So, if you’re looking to safeguard your brand and establish a strong presence in the market, trademark registration is a crucial step that you shouldn’t overlook.

Advantages of Trademark Registration

 

Protection Under the Law

Trademark registration grants exclusive rights to the owner’s logo, slogan or brand name, preventing confusion and maintaining brand identity. Legal protection allows owners to control and maintain their reputation. Registered owners can take legal action against unregistered infringing parties. Registering your trademark protects your brand and prevents misuse by others.

 

Customer Loyalty & Trust

Registered trademarks help build trust among customers, ensuring quality and reliability, and create brand loyalty. They provide a unique identity that attracts new customers and distinguishes businesses from competitors, especially when selling products on online platforms like Amazon and Flipkart.

 

An Intangible Asset

Trademark registration creates an intangible asset that is a business’s intellectual property. This asset can be sold, assigned, franchised, or commercially contracted, providing potential additional revenue streams. By registering a trademark, businesses establish intellectual property rights that can be a valuable asset to the business.

 

Global Reach

Registering a trademark in India not only provides protection within the country, but also grants trademark protection in other countries. As a result, this enhances a brand’s global recognition and credibility.

The usage of trademark symbols, and their significance

A trademark symbol is a typographic symbol used to indicate that a particular word or symbol is protected under trademark laws.

Symbol ™ 

the symbol ™ indicates that a word or symbol is being claimed as a trademark, and it can be used for both registered and unregistered trademarks. When used with an unregistered trademark, it signifies that the owner is claiming rights to the mark, but the mark is not yet registered with the government.

Symbol ®

The symbol ® indicates a registered trademark that has been officially registered with the trademark office and grants the owner exclusive rights to use the mark in connection with their goods or services.

Symbol SM

The symbol SM or Service Mark is used to indicate that the word, phrase, symbol, or design is being used as a service mark for services offered by a company. This symbol is used for unregistered marks, unlike the registered trademark symbol. It is commonly used for applications filed under classes 35-45, which include services such as advertising, business management, and legal services.

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Reasons to Choose CertificationsBay for Trademark Registration

  • Successfully completed 500+ Business registrations/Closures/Conversion in India.
  • Solid Network of CSs/CAs/CPAs.
  • Worked with over 1,000+ Entrepreneurs across the India.
  • Online  Service Delivery Platform ensuring Timely Support.
  • Maintained Consistency with 99.7% Client Recommendations.
  • 100+ Queries for Business registration in India Daily.

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Important Factors to Consider for Trademark Registration

 

A trademark is a valuable asset for a company, creating brand identity and contributing to goodwill. Factors to consider for trademark registration include logo, word, label, symbol, uniqueness, and customer identity.

Factors to consider for trademark registration process are as follows:

Visual Representation

Types of visual representations for trademarks include word marks, logos and symbols, service marks, series marks, shapes of goods, pattern marks, color marks, collective trademarks, sound marks, certification marks, and geographical indications.

Trademark Search & Selection of Appropriate Class: A trademark search is necessary to ensure that the proposed trademark is available for registration. This can be done by searching the Indian Trademark Registry database or seeking professional assistance from experienced firms like Certifications Bay.

Trademark Search & Selection of Appropriate Class

Trademark registration requires selecting the appropriate class of goods and services for registration. There are 45 classes, each with its own unique set of goods and services. Choosing the right class is crucial to avoid inaccuracies and potential legal issues. Certifications Bay can provide professional support to ensure that your trademark is registered under the appropriate class.

An Intangible Asset

Once registered, a trademark becomes an intangible asset that can be commercially contracted, franchised, traded, and distributed, offering multiple benefits to the organization, including building the brand’s reputation.

Registration is Voluntary and Not Mandatory
Trademark registration online is recommended for obtaining various benefits and serves as evidence of ownership, ensuring all decisions are in favor of the owner.

Trademark registration online is recommended for obtaining various benefits and serves as evidence of ownership, ensuring all decisions are in favor of the owner.

Validity

Trademarks are valid for 10 years from the registration date and need to be renewed a year before expiry. Failure to renew can result in the trademark being discontinued, but it can be restored through the restoration process outlined in the application form.

Our Team will help you prepare the required documents. Documents requirements varies depending on business model. Contact our team for guidance.

Who can Apply for Trademark Registration in India?

The list of individuals and entities who can apply for trademark registration certificates is as follows:-

  • Owner or Joint owners of a business
  • LLPs (Limited Liability Partnerships)
  • Proprietorship firms
  • Foreign Businesses
  • Societies
  • Trusts
  • Partnership Firms
  • Indian Companies
  • Startups and Small Enterprises

Trademark registration gives brands a sense of security, which helps them execute their business more confidently.

Documents Required for Trademark Registration

  • Basic business registration documents
  • Registration Address
  • Details of business objective
  • Brand name/logo/slogan
  • ID and address proof of trademark owner
  • Picture of the logo
  • In case of registration of a tagline, no logo is required
  • An affidavit is required to be submitted in the application in case you claim a former trademark.

Our consultants are committed to providing a seamless trademark registration process, from assisting with documentation to checking the status of the trademark to prevent any potential inaccuracies. We prioritize ensuring a smooth and successful registration.

Our team of consultants will guide you through the registration process with ease and without any challenges. We guarantee the avoidance of any inaccuracies in the trademark registration process.

Challenges in Trademark Registration

Trademark registration in India falls under the jurisdiction of the Trademarks Act, 1999, along with the Trademark Rules of 2003 & 2017. However, the journey towards trademark registration is often fraught with hurdles that necessitate careful navigation.

  1. Thorough Examination The Trademark Registry in India meticulously scrutinizes each trademark application it receives. Meeting the required criteria and understanding the intricacies of trademarks pose challenges for many individuals and businesses, making successful registration difficult. CertificationsBay offers assistance in ensuring that your application complies with all legal criteria and is free from ambiguities or contradictions.

  2. Similarity Issues Submitting a trademark registration application for a mark resembling an existing trademark can lead to objections and oppositions. Additionally, applications may face rejection if they violate absolute grounds for refusal. CertificationsBay aids in filing applications for unique trademarks that fulfill all requirements, minimizing the risk of objections or oppositions.

  3. Opposition Procedures Following publication in the trademark journal, third parties can file oppositions against trademarks. Various grounds can prompt oppositions, necessitating the timely filing of counterstatements to prevent application abandonment. CertificationsBay provides legal expertise for preparing and filing counterstatements.

  4. Inadequate Trademark Search Conducting a comprehensive trademark search before filing an application is crucial to ascertain uniqueness and avoid potential conflicts. However, this process can be time-consuming and demanding. CertificationsBay offers comprehensive trademark services, including thorough searches and successful registration assistance.

  5. Classification Challenges The classification of goods and services into 45 distinct classes under Indian trademark laws is pivotal for registration. Proper identification of the trademark class is essential, posing a challenge for many businesses. CertificationsBay boasts a team of trademark prosecution experts proficient in trademark laws and classification.

  6. Compliance Requirements Ensuring compliance with formalities and paperwork is essential for newly registered trademark owners. Maintaining accurate records and implementing necessary amendments can be daunting tasks for many. CertificationsBay provides expert assistance in record-keeping and compliance.

Understanding the trademark filing process in India is imperative for successful registration:

Trademark Filing Process in India

The trademark registration process in India follows a systematic procedure governed by the Trade Marks Act of 1999 and the Trademarks Rules of 2003 and 2017. Here’s an overview:

[The process follows, including trademark search, filing the application, examination by the trademark office, objection handling, publication in the Trademarks Journal, opposition proceedings, issuance of registration certificate, and trademark renewal.]

Online Trademark Registration Process

A trademark is a valuable asset for a company, creating brand identity and contributing to goodwill. Factors to consider for trademark registration include logo, word, label, symbol, uniqueness, and customer identity.

Factors to consider for trademark registration process are as follows:

  • To commence the process of trademark registration, the initial step is to conduct a trademark search. This search enables the applicant to select a suitable trademark for their business that has not been previously registered.
  • Once the appropriate trademark has been selected, a trademark registration attorney will prepare an application for trademark registration. This application can be filed either manually or online. If filed online, an acknowledgment receipt will be generated instantly. However, if filed manually, the application must be submitted to the Registrar or Trademark office located in select major cities (such as Delhi, Mumbai, Chennai, Ahmedabad, and Kolkata), and it may take some time to obtain the registration acknowledgment receipt.
  • The application, along with the required documents, will be submitted to the Registrar for examination. The Registrar will then examine whether the application complies with the specific terms and requirements. Once the application has been successfully examined, the chosen brand name will be published in the Indian Trade Mark Journals for a period of 90 to 120 days (from the publication date).
  • If no objection to the chosen name is raised within the specified period, the trademark will be approved, and the applicant will be required to sign Form 48 and TM-1 to obtain final approval for the trademark registration.

CertificatonsBay has a team of legal professionals who deal with these issues, give our clients the right advice without distorting the truth, and deliver the certificate and license within a reasonable time. Connect with CertificationsBay today to avail our quality services.

Govt. Fee Payable

On what Payable

Amount in INR

 

For Physical Filing

For E-filing

Application for registration of a Trademark

 

 

Where the applicant is an Individual/Startup/Small Enterprise

5,000

4,500

In all other cases

 

10,000

9,000

(Note: Fee is for each class and each mark)

To file a Trademark Opposition

 

3,000

2,700

To file a Counter-statement

 

3,000

2,700

For Renewal of registration of a Trademark

10,000

9,000

FAQs on Trademark Registration in India:

What is trademark registration, and why is it important in India?

Trademark registration in India grants exclusive rights over your brand name or logo, preventing others from using it without permission. It's crucial for protecting your brand identity and reputation in the market.

How can I register a Trademark in India?

You can register your trademark in India by creating an account on the registration portal and following the steps. The process of trademark registration is mentioned above.

What are the benefits of trademark registration?

Answer: Trademark registration provides several benefits, including legal protection against unauthorized use, the ability to enforce exclusive rights, brand recognition and goodwill, and eligibility for statutory remedies in case of infringement.

What is best for trademark registration in India?

The best time to register your trademark is right after you incorporate your company. The Office of the Registrar of the Trademark oversees the entire process of trademark registration.

What are the requirements for trademark registration in India?

Some of the crucial requirements for registering a trademark are listed below:Trademark Search The uniqueness of the Trademark Business incorporation Logo, brand name, slogan, etc.

What is the trademark registration process in India?

Answer: The trademark registration process involves several steps, including trademark search, filing of the application, examination by the Trademark Office, publication in the Trademark Journal, opposition (if any), and registration.

Who cannot apply for trademarks?

A brand whose logo, slogan, or name may or is likely to hurt the sentiments of people or is scandalous or obscene is prohibited from applying for a trademark.

What are the trademark registration fees in India?

The trademark registration fees in India depend on the type of applicant (individual, startup, small enterprise, or others) and the number of classes of goods or services covered by the trademark. The fees range from INR 4,500 to INR 20,000 per application.

What happens if my trademark application is opposed?

Answer: If your trademark application is opposed by a third party, you will have the opportunity to present arguments and evidence in support of your application. The Trademark Office will then decide whether to accept or reject the opposition.

Can TM be used without registering?

Anyone can use the symbol TM, even if the person has successfully registered the business or not.

Do I need a trademark attorney to register my trademark in India?

Answer: While it's not mandatory to hire a trademark attorney, seeking professional assistance can greatly streamline the registration process, ensure compliance with legal requirements, and increase the chances of a successful outcome.

What are the restrictions of an OPC?

OPC cannot engage in non-banking financial operations, such as investing in the securities of anybody corporate, and OPC cannot be converted into a Section 8 companies.

What is the INC-4 Form?

When the nominee of an OPC replaces the sole member of an OPC in the case of his demise or inability to enter into a contract, Form INC-4 is filed with the Registrar. With the prior written approval of the individual thus nominated in Form INC-3, such a form must be filed within 30 days of the change in membership.

What is the cheapest way to trademark a logo?

The cheapest way to trademark a logo is by registering for a trademark online.

How do I register a brand logo?

The steps to register a brand logo are:-Trademark Search Application filing Trademark Examination Trademark Publication Registration Certificate

How long is a trademark valid in India?

The validity of the trademark in India is ten years from the date of registration.

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