Trademark Registration
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Inclusive of Govt. Fees
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For Proprietors & Individuals
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Advice on Trademark Certification
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Use (TM) within 24 Hours
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24/7 Support
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Inclusive of Govt. Fees
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Advice on Trademark Certification
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Trademark & IP
Topics
- Introduction
- Documents required for trademark application
- What specific documents are required from different business incorporations?
- Importance of trademark registration
- What is the period for the trademark renewal?
- What can be registered as a trademark?
- Trademark classes in India
- How to register a trademark and how we can assist?
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Introduction
A trademark is “A word, phrase, symbol or design that identifies your goods and services” and distinguishes your brand from competitors. A trademark is used for goods, while a service mark is used for services. A trademark gives you the exclusive right to use your mark and helps prevent competitors from using a mark that’s the same as or very similar to yours.
Documents required for trademark application
- Pan card
- Aadhar card
- Mobile number
- Email id
- Business documents (GST, UDHYAM)
- Scope of business
- Trademark class
- Trademark name
- Logo
A scanned copy of the original document would suffice the requirement.
What specific documents are required from different business incorporations?
Sole proprietorship
Any individual – Indian national or foreign national can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual:
Copy of the logo, preferably in black & white (optional). In case the logo is not provided, the trademark application can be filed for the word.
Signed form-48. Form-48 is authorization from the applicant to a trademark attorney for filing the trademark application on his/her behalf.
- Identity proof of the individual or proprietor.
- Address proof of the individual or proprietor.
Partnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
Copy of logo (optional)
Signed form-48.
Udyog Aadhar registration certificate.
Incorporation certificate or partnership deed.
Identity proof of signatory.
Address proof of signatory.
Other applicants
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.
Copy of logo (optional)
Signed form-48.
Incorporation certificate or partnership deed.
Identity proof of signatory.
Address proof of signatory.
Importance of trademark registration
- Legal protection: Registering a trademark provides legal protection for your brand or business name, logo, or slogan. It gives you exclusive rights to use the trademark in connection with the goods or services you offer and allows you to take legal action against anyone who tries to use your trademark without your permission. Trademarks are an effective communication tool. In a single brand or logo, trademarks can convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products, and services. Your trademark doesn’t need to be a word.
Designs can be recognized regardless of language or alphabet. The Nike “Swoosh” design is recognized globally, regardless of whether the native language is Swahili, Chinese, Spanish, Russian, Arabic, or English.
- Brand recognition: A registered trademark helps to establish your brand and build brand recognition. It makes it easier for consumers to identify and differentiate your products or services from those of your competitors. Trademarks make it easy for customers to find you. The marketplace is crowded, and it’s hard to distinguish your business from your competitors. Trademarks and brands are an efficient commercial communication tool to capture customer attention and make your business, products, and services stand out.
Customers viewing a trademark immediately know whom they are dealing with, and the reputation of your business and are less likely to look for alternatives. Your brand could be the critical factor in driving a customer’s purchase decision.
- Business value: A registered trademark can add value to your business by making it more attractive to investors, buyers, or partners. It shows that you have taken steps to protect your intellectual property and can enhance the credibility and reputation of your business. Trademarks allow businesses to effectively utilize the internet and social media.
Your brand is the first thing customers enter into a search engine or social media platform (Facebook, Twitter, or Pinterest) when looking for your products and services. Higher traffic on a website or social media platform translates into higher rankings, bringing even more traffic, more customers, and more recognition to the brand.
- Trademarks are a valuable asset. Trademarks can appreciate over time. The more your business reputation grows, the more valuable your brand will be. Trademarks provide value beyond your core business. Trademarks can lead the way for expansion from one industry to another, such as from personal care to clothing or eye ware. If you desire it, your trademark can lead to the acquisition of your business by a larger corporation.
Trademarks are property assets, similar to real estate, that can be bought, sold, licensed (like renting or leasing), or used as a security interest to secure a loan to grow your business.
What is the period for the trademark renewal?
As per the trademark act of 1999, the period of trademark registration in India is 10 years. A TM renewal for another 10 years will be done after completing the initial registration period.
TMS renewal petitions must be filed six months before the expiration date. You will be provided with an intimation about the expiration of your trademark registration from the registrar of trademarks via mail.
The message will contain information like the last date for renewal and the fees involved in the renewal. If the registration or renewal is not attained within the period, the registrar will remove the trademark from the official trademark register, known as the trademark journal.
Failing to research a brand before adopting it can lead to a denial of registration or, worse, a cease-and-desist letter from another brand owner. Spending the time and money upfront to determine whether a brand is available will help avoid the very high costs of a dispute or litigation.
Keep in mind that the more you differentiate your brand from others in your industry, the easier it’ll be to protect it. Choose a name and logo that distinctly identify your business and will protect it from competitors.
What can be registered as a trademark?
Trademarks can be any sign, symbol, logo, design, word, phrase, or combination of these elements that is used to identify and distinguish the goods or services of one business from those of another. In general, trademarks can be categorized into the following types:
- Word marks: These are trademarks that consist of words or letters, such as brand names or slogans.
- Design marks: These are trademarks that consist of a particular design or image, such as a logo, emblem, or icon.
- Combination marks: These are trademarks that combine both words and designs, such as a brand name with a stylized logo.
- Sound marks: These are trademarks that consist of a particular sound or melody, such as a jingle or musical phrase.
- Color marks: These are trademarks that consist of a particular color or combination of colors, such as the Tiffany blue color used by the jewelry company Tiffany & Co.
- Shape marks: These are trademarks that consist of a particular shape or configuration, such as the Coca-Cola bottle shape.
It’s important to note that the trademark should be distinctive and unique, not too generic or descriptive of the goods or services being offered, and not similar to existing trademarks in the same field.
Trademark classes in India
In India, trademarks are classified according to the nice classification system, which is an internationally recognized classification system for goods and services. The nice classification system consists of 45 classes, with 34 classes for goods and 11 classes for services. Each class represents a specific category of goods or services, and it is important to choose the correct class when registering a trademark to ensure that it is protected for the intended goods or services.
Here is an overview of the 45 classes under the nice classification system in India:
Goods:
Class 1: Chemicals used in industry, science, and photography.
Class 2: Paints, varnishes, and coatings.
Class 3: Cosmetics and cleaning preparations.
Class 4: Fuels, industrial oils, and greases.
Class 5: Pharmaceuticals and veterinary preparations.
Class 6: Metals and metal goods.
Class 7: Machines and machine tools.
Class 8: Hand tools and implements.
Class 9: Scientific, nautical, and surveying apparatus.
Class 10: Medical and surgical instruments and apparatus.
Class 11: Apparatus for lighting, heating, and refrigerating.
Class 12: Vehicles and vehicle parts.
Class 13: Firearms and ammunition.
Class 14: Precious metals and jewelry.
Class 15: Musical instruments.
Class 16: Paper goods and printed matter.
Class 17: Rubber goods.
Class 18: Leather goods.
Class 19: Non-metallic building materials.
Class 20: Furniture and Furnishings.
Class 21: Household utensils and containers.
Class 22: Ropes and cordage.
Class 23: Yarns and threads.
Class 24: Fabrics and Textiles.
Class 25: Clothing and footwear.
Class 26: Lace and embroidery.
Class 27: Carpets and floor coverings.
Class 28: Games and playthings.
Class 29: Meat, fish, and poultry.
Class 30: Coffee, tea, and spices.
Class 31: Agricultural and horticultural products.
Class 32: Beers, soft drinks, and mineral waters.
Class 33: Alcoholic beverages.
Class 34: Tobacco and smoking products.
Services:
Class 35: Advertising and business services.
Class 36: Insurance and financial services.
Class 37: Building construction and repair services.
Class 38: Telecommunications services.
Class 39: Transportation and storage services.
Class 40: Treatment of materials services.
Class 41: Education and entertainment services.
Class 42: Scientific and Technological services.
Class 43: Food and beverage services.
Class 44: Medical and veterinary services.
Class 45: Legal and security services
How to register a trademark and how we can assist?
Trademark registration in India is governed by the Trademarks Act of 1999 and is administered by the Office of the Controller General of Patents, Designs, and Trademarks, which is a part of the Ministry of Commerce and Industry.
Here are the steps for trademark applications in India and how we can assist:
- Conduct a trademark search: Before applying for a trademark, it’s important to conduct a thorough search to make sure that the trademark is available and does not infringe on any existing trademarks. We can conduct a comprehensive search of the relevant trademark databases to ensure that your trademark is available for registration.
- Filing of trademark application: Once the trademark search is done, the application for registration of a trademark can be filed either online or offline. The application must include details such as the name and address of the applicant, the proposed trademark, and the class or classes of goods or services for which the trademark will be used.
Preparing and filing the trademark application: The process of preparing and filing a trademark application can be complicated and time-consuming. We can help you prepare the application and ensure that it meets all the legal requirements for trademark registration.
- Examination of the trademark application: After applying, the registrar will examine the application to ensure that it complies with the requirements of the trade marks act, 1999. If there are any objections, the applicant will be allowed to rectify them.
- Opposition proceedings: If there are any oppositions to the registration of the trademark, the registrar will conduct opposition proceedings, a trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the registrar within 2 months.
Responding to objections or refusals: In some cases, the trademark office may raise objections or refuse your application. We can help you respond to these objections or refusals and make sure that your trademark is registered successfully.
- Publication in the trademark journal: If the application is found to be in order, it will be published in the trademark journal. This is done to allow any person to oppose the registration of the trademark within a prescribed period.
Enforcing trademark rights: We can help you enforce your trademark rights by monitoring for potential infringements and taking legal action against infringers.
Providing legal advice: We can provide legal advice on trademark issues, such as trademark licensing, trademark infringement, and trademark litigation.
Overall, we can provide valuable guidance and assistance throughout the trademark registration process to ensure that your trademark is protected and your legal rights are upheld
