Protect Your Brand with Trademark Registration!
Your brand is your most valuable asset — secure it with a registered trademark. Our expert team simplifies the entire trademark registration process for you, from conducting thorough trademark searches to filing applications and handling objections. Safeguard your logo, name, slogan, and identity against misuse and build a strong, trusted brand presence in the market. With our professional guidance, you ensure complete legal protection, enhance your brand’s credibility, and gain exclusive rights across India and beyond. Start today to secure your future business growth!
Trademark Registration in India
A trademark is a mark that uniquely identifies you, your business, your products, or the services you provide. Clearly stated, it is a mark of your trade or brand. There are many ways for you to define your Brand. You can use a name as your Trademark, you can use a smell, you can use a shape, or you can use an image.
Your property will get a unique identity but for that, you have to follow a process. First, check the availability of the trademark, and then choose the class selection, and document collection. Next, file an application, and lastly, if someone raises an objection then submit a counter statement to the Registrar within 2 months.
Exclusive Rights on Product
The trademark registration provides you with complete rights over the trademark. The owner can apply for trademark registration for all the goods. By registering the goods, it provides exclusive rights to take action if anyone is found using a similar or identical trademark without authorised permission.
Trademark Classes
There are a total of 45 trademark classes in the country, and all the products and services are categorized into these classes
Some of the famous trademark classes in India are:
- Class 9: for trademarking computer, software, and electronics-related products and services
- Class 25: For trademarking clothing and apparel brands
- Class 35: For trademarking business management and advertising services.
- Class 41: For trademarking education and entertainment-related products and services.
Who Requires it ?
How to register a trademark in India online? Before one moves to register the Brand logo, one must ensure that they have observed all the relevant pre-conditions before filing for a Trademark Registration. Therefore, we have enlisted the eligibility criteria for online trademark registration in India below for you:
- A trademark must be unique.
- A trademark should not be deceptively similar to an existing one.
- A trademark should be distinct from an existing one.
Types of Trademark Registration in India
There are different types of trademark registration in India, these are as follows:
1. Product Mark
This type of mark is used on products only and not on services. It shows the origin of a good and product which initially maintains the reputation of a business. All the applications related to trademark classes 1 to 4 are classified as product marks. The time taken in registering a product mark is almost 18-24 months. Some examples are Nestle and Amul.
2. Service Mark
The service mark is similar to the product mark but it is not applicable to products. The main use of this service is to differentiate the proprietors and the legal owners of the service. The applications filed under class 35-45 come under service marks.
3. Collective Mark
These type of marks are owned by the association and organisations, these marks shows a collaboration of superior quality services and products. Also, two individuals can use this trademark to represent that they are protecting a product or service.
4. Certification Mark
This mark shows the origin of the product such as material, quality or any other detail that is provided by the proprietor. The main motive to this type of mark is to issue some standards to any product. Example – ISI marks, FSSAI marks.
5. Shape Mark
The shape mark protects a particular shape of a trademark so that consumers can identify the product from its structure and can buy from the right manufacturer. Example – Coke bottle and Dairy Milk shape identifies the brand.
6. Pattern Mark
Companies which are making some type of specific pattern products can trademark their products to protect the work. A company have to prove first that their work is unique. Mostly, this type of mark is used in the fashion industry, such as big brands have this Louis Vuitton, Gucci, and Calvin Klein. In India, brands such as Sabyasachi, and Manish Malhotra use this mark so that no one copy it without permission.
7. Sound Mark
This mark is to protect sound, for example in India, the IPL tune is famous, so it is a sound mark registered. To get the sound mark certification, the company has to show that sound is original. Different associations, institutions, or even individuals can apply for sound mark registration.
Documents Required for Trademark or Brand Registration in India
Online Trademark Registration Document requirements
Different business entities can apply for their Brand’s logo registration. Accordingly, their need for required documents to be attested with the trademark registration application differs. Therefore, along with the document requirements, we have mentioned the relevant documents to be submitted according to the nature of the applicant’s business.
Individual/Startups
- Identity proof
- Business registration document
Company/LLP
- Shops Establishment License
- Certificate of Incorporation
- Address proof of the company
Partnership firm
The Partnership Deed
Procedure for online Trademark Registration in India
Depending on the nature of the food business, the right application form must be filed with FSSAI. For obtaining FSSAI basic registration, form A must be used for filing the application. Whereas, for filing state registration or central registration application, form B must be filed with Food Safety and Standards Authority of India. The authority can either accept or reject the application.
Online Trademark Registration process in India
There are several benefits of registering a Trademark with the authorities. But How does one apply online for a Trademark? You must first obtain the trademark registration certificate to bask in the registration benefits. The steps of such a certification are as follows:
Step 1: Trademark Search
Before filing the registration application with the RoT, every applicant must conduct a Trademark Search in India. To conduct a Trademark Check operation in India, the applicant must consult the appropriate consultancy, which can conduct a thorough Trademark Search on your chosen logo. If the trademark design is unique, the applicant can proceed with the online trademark application filing.
Step 2: Application filing
First, you need to file the online trademark registration application. When filing this application, you need to make sure that you have access to all the requirements, namely:
- Your ID proof
- The Digital Signature certificate
- Your mark
- Your address proof
Step 3: Submit Application
Submitting the application leads to the Registrar of Trademarks receiving it. The examiner then checks the application and carefully creates and examination report.
Step 4: Application Assessment
The examination report can either yield positive or negative results. You shall be notified about the report by the department. Or, you will have to make a trademark registration inquiry to get the answers.
Step 5: Publishing the Trademark
The trademark application is accepted and will be published in the trademark journal.
Step 6: RoT registers the Trademark
Once in the journal, it shall remain published for four months. During this period, the general public can check the journal. Then, if the general public doesn’t oppose you trying to register the Trademark, your Trademark shall be registered. Then, the RoT will issue the applicant the trademark registration certificate.
5 Things You Should Know Before You Apply For Registration
These are the important things that you should know before you apply for trademark registration, so these are the following things:
- Must ensure that your trademark will provide you with a unique identity.
- Choose a coloured or black-and-white logo. Must ensure you protect your brand colours and these colours should not be similar to others. A unique colour logo helps customers to remember the brand for example - McDonald’s.
- Select the appropriate class for the trademark registration, if you find multiple classes then you can submit the request for all the marks.
- Verify your availability, check if your desired trademark is available in each class or not. If you register online for multiple classes.
- Claim the user date, which means the applicant has to choose the date on which the owner first uses the mark for commercial purposes. Because if two applications came, then priority will be given to the one who states the prior user date.
Note: Claiming a wrong user date is illegal, if the date is not confirmed, you can state “planned to be used”. Here the trademark will be safeguarded against future exploitation.
Benefits of Trademark Registration
After trademark registration, you will be the exclusive owner of your brand name in the eyes of the law. Other benefits of trademark registration are as follows:
Frequently Asked Questions (FAQs):
Q. How to register a trademark in India?
A. To register a trademark in India you need to cover following steps:
- Conduct a trademark research and choose the trademark which does not exist.
- File a trademark application to the Trademark Registry in India.
- Verification of application and upload the documents. The designated official will verify the application.
- Publish the trademark in the trademark journal.
- When no error is found in the application, the registrar will grant a trademark certificate.
Q. What is the cost of trademark registration in india?
A. For Individuals/ Startups/ Small Enterprises the fees payable for e-filing is Rs. 4500 and the physical filing fees is Rs. 5,000. In other cases, fees for e-filing is Rs. 9000 and physical fees filing for each class and each mark is Rs.10,000.
Q. How long does it take to process and its validity?
A. Previously the time it took to register the trademark in India was 15-18 months and now the time the trademark ministry takes is 6-8 months. Trademark registration is a lengthy process to get a trademark registered officially.
Q. Who can obtain a trademark registration?
A. Any entity or individual who claims to be a proprietor of a trademark can file a trademark application in respect to protect the goods or services.
Q. What are the documents required for trademark registration?
A. The required documents are a copy of the logo, signed Form-48, incorporation certificate or partnership deed, identification proof of signatory, address proof of signatory and Udyog Aadhar Registration Certificate (for partnership/ LLP/ Company). In case the logo is not provided, trademark application can be filed with the word.
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