Trademark Registration

A trademark is a unique identity that makes your product, service or enterprise stand out from the rest. If you have a unique idea or logo, a trademark can protect it from illegal use permanently.

We have a dedicated team and a completely online process for registering your trademark anywhere in India and also overseas.

Contact us to know more about how we can help you with Trademark Registration

Overview

Building a brand takes a lot of effort and consistent hard work over time. So, it is very important to register your logo, word, sign, symbol, brand name, numerals or combination of colors, packaging labels, shape, sound, jingle, tagline or a combination used by a company to identify their own products and/or services in which you have undoubtedly invested a lot of blood, sweat and tears to enjoy the exclusive ownership of your creativity and create a distinct identity for your brand.

In India you can trademark any of the following items:

Device
Brand
Heading
Label
Ticket
Name
Signature
Word
Letter
Numeral
Shape Of Goods
Packaging
Jingle
Tagline
Combination Of Colors
Any Such Combinations

The Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce and Government Of India register trademarks in India. You can register the trademark under The Trademark Act, 1999.

Trademark Symbols:
Trade Mark (TM) and Service Mark (SM)
This indicates that the trademark has not yet been registered, but that an application is in process. It is used to warn third parties that they have not violated it. This request has no particular legal significance as it has not yet been approved by the authorities.
R Symbol
As the trademark application is approved, you can see the R mark next to the trademark as the owner of the newly registered trademark. This indicates that the mark is officially registered and that any infringement by a third party is illegal.

Benefits

Legal ownership

Exclusive rights to sell

Helps in enhancing brand value

Creates an Intangible asset

Documents Required

Following are the benefits enjoyed by the employees under the ESI scheme:-
Proof of Applicant
PAN Card, Aadhaar Card, Certificate of Incorporation/Registration (Other than Individual applicant)
Brand name and logo to be registered
User affidavit along with proof of TM Use
In case you want to register the trademark from a specific date, then you need to submit an affidavit alongwith documentary proof such as invoices, registration certificates etc
Power of Authorization, a legal document that allows the attorney to file the trademark registration on your behalf.
In case of a Start-up or MSME, certificate of registration, to enjoy 50% rebate on government fee

Process Flow

Trademark Search (1 Day)
TM search allows you to know whether there are similar trademarks out there and whether they are registered or not & thereby avoiding the chances of trademark litigation for you
Filing of Trademark application (1 - 2 Days)
An application for Trademark registration with the right class and correct details along with the requisite forms is to be submitted to the Office of the Controller General of Patents Designs & trademarks, who issues an acknowledgement number within one or two working days.
Vienna Codification (3 - 4 Days)
Once the application is filed, a Vienna code is assigned to the trademark by the Indian trademark registry if it contains some figurative elements/logo. This is done by the Registry to conduct trademark searches for artworks/logos
Trademark Examination (12 - 18 Months)
The trademark application is then reviewed by the Trademark Registry to confirm if the basic requirements are met, Based on this check, the registry prepares a trademark inspection report. It might take 12-18 months for examination.
Journal Publication (4 Months)
The specified trademarks will be published in the trademark journal after receipt of the trademark registration form the registrar. Once published, there is a chance that public objections will be made to public records that they believe may harm their business.
Trademark Registration Certificate (1 Day)
If there are no objections or contradictions to the request, a trademark manuscript and a trademark registration certificate will be prepared. Once it has been issued, the trademark will be considered the registered, allowing the owner to make exclusive use of the trademark.
Renewal (After 10 Years)
The validity of your registered trademark is for 10 years. After that, you are allowed to renew the registration for your trademark. Hence, you can perpetually protect your trademark.

How will we help you?

We at ICI can help you register your trademark and enjoy complete ownership of your brand. We shall provide you with complete legal services in relation to Trademark registration. Simply click here and submit a request, our team will get in touch with you. Our service scope includes:

We shall advise you on the classes you should apply for:

Our other areas of service we cover:

FAQs

a. What is Trademark Class?

All goods and services have been classified under 45 classes. While filing your trademark registration application, you are required to mention the class/classes that represent your goods/services. We will help you to find the applicable class/classes for your goods/services.

b. Can I register a trademark under different classes in a single application?

Yes, you can file a single application for registering your trademark under 2 or more classes.

c. How much time does it take to get your trademark registered?

It takes close to 15-18 months to get your trademark registered & then you can legally put the ® symbol beside your logo or design. However, the time frame may increase if there are objections, third party oppositions etc

d. What can you not register as a trademark?

You cannot file an application for registering your trademark if :

» Trademark is identical to an existing registered trademark

» Trademark application is already filed and under the process of registration

» Trademark is offensive or causes confusion or deception.

» Trademark contains geographical names, common names, common trade words, and common abbreviations

e. Can we amend the registered trademarks in future?

Yes, as per the provision of the Trademarks Act, the owner is allowed to amend his filed mark. This amendment however should not amount to a substantial change in the mark. By filing a request in prescribed format along with the amended label mark once can amend the insignificant changes in the trademark.

f. Is my trademark valid outside India?

No, the trademark is valid only in India.

g. Do I need to file 2 separate applications for registering my brand as well as logo ?

No, the ministry accepts a single application if the brand and logo are submitted together in one image.

h. Can I get my trademark de-registered if I don't use it ?

Yes, if a trademark is not used for a continuous period of 5 years, then an application can be filed for de-registering of the trademark.

i. What are the government fees for filing the trademark application ?

Government fees are levied depending on the Number of Classes Applied for and not the Number of Applications.

Particulars	Individuals/ Startups/ MSMEs	Others
Application for Registration of single mark (per class)	INR 4,500 per mark per class	INR 9,000 per mark per class
Renewal of registered trademark	INR 9,000	INR 9,000
Amendment (if any) to the application filed	INR 900	INR 900
Amendment (if any) to a registered application filed	INR 1,800	INR 1,800

j. Still Confused?

Speak to our experts who shall solve all your doubts.
Call us at +91 7738 066 334 or Mail us at info@indiacompanyincorporation.com

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