What is a Trademark Registration in India?
Trademark is a seal of protection that protects the identity or uniqueness of the name for products or services that differentiate company’s brand name from others it may be a logo, graphics, photograph, word, sound or even smell. A company after registration should get its brand registration or Trademark registration as early as possible. There are 45 Trademark classes under which you will register your trademark.
Enterslice works as Trademark registration or Brand registration consultant and guides you about the class of the Trademark or under which category your trademark will fall. From Filing of TM application, TM Objection, Defending TM Opposition to TM Renewal, we offer Trademark consulting services all over India.
How do I apply for a Trademark Registration in India?
A Logo or Brand Name differentiate your business from other and also gives you the right to file a suit against any infringement. Therefore, if you are a Startup company then you need to run to secure your brand or logo firstly by filing an online application for trademark registration or brand registration or logo registration. Incorporating a company will not give you the full ownership over the product or services you sell. Brand registration or Trademark registration on a first note is much more important than registering a Pvt Ltd company.
TM Registration or Trademark Registration application can be filed through a government approved trademark registration consultant. The controller general of patents design and trademarks is the regulator for Trademark Registration & compliance. Trademark Act 1999 deals with TM Registration, Assignment, Objection, Opposition etc. After Trademark Approval, the trademark owner has right to sue for any loss of revenue or reputation when infringements of trademark occur.
If you are willing to get Brand registration just provide us few documents and we will file your Trademark Registration Application. Before you hire a trademark consultant, the 1st step is to conduct the trademark search, and find out whether the proposed Brand name can be registered or not, if your brand name matches with existing brands, think for another brand name. You can quickly get your initial trademark registration online or logo registration filed through Enterslice within 3-4 working days and Final Approval in 6 to 18 Months.
What is the Process of Trademark Registration in India?
The procedure for registering a brand name or trademark is completely online. You can go for the Trademark registration online anytime from anywhere.
Hence the procedure for registering a trademark is as follows-
- File Trademark form – Our Team will share a Trademark registration form and you simply need to provide the basic details about your business.
- Trademark Search - We will check the proposed business name or brand name to be registered and if the proposed name is available for the activity you are looking for. We will then send you an authorization letter in our favor.
- Finalization of Trademark Class – Our team will share a report about the trademark class in which your business activity can be protected. Sometime you may be required to register in more than one class.
- Logo in JPG - We will ask you to share a jpg format for Logo registration or brand registration or trademark registration. Trademarks can be registered for a particular sector. You can also register one brand name for multiple business activities.
- Trademark Application Filing – Our team will submit online TM Application and will share an acknowledgment.
- Regular Status about the TM Application – As a brand owner you have to check on IP India website from time to time and in case you notice formalities check failed, objected or opposed. Please connect with our team and we will connect you to an in-house lawyer. The liaison cost and government fees will be charged extra.
- Final disposal of TM application Registrar of trademarks will take up to 18 months to validate the applied brand name and check whether the trademark is inconsistent or should not similar with any other existing registered trademarks in the same class. And if you have applied for the similar brand name or with the more similar logo of registered trademarks then the registrar of the trademark may raise an objection.
The registrar may also object if they notice that the logo is obscene or hurt any religious sentiments or believes that it is likely to cause confusion in the customer then he may reject the trademark application. If it has no objection then the Registrar of trademark makes an advertisement in the Trade Mark Journal for inviting objection from the public at large. If in case any objection is raised by any other business, then the applicant will be asked to file a counter response within 2 months from the date of objection.
Documents Required for Trademark Registration in India
Please email us the below documents (Scan Copy) for Trademark registration at email@example.com
- PAN Card or Passport or Election ID Card
- Scanned copy of Company Registration Certificate
- Signed Trademark application
- TM agent POA
- JPG Format of Logo/Brand Name
- MSME Registration certificate in case applicant is a company
What is included in Enterslice's Trademark Registration Packages?
- Trademark Research: A thorough search & research of the TM directory with a registration class.
- Drafting of authorization letter: We will draft authorization letter to file a trademark application on the behalf of the brand owner.
- Discussion for Logo Registration or Brand Registration: Advice on the classes you need to apply under trademark act.
- Final Application & Advice on Logo registration: After Client approval on trademark class of registration, we will file a final application for the trademark.
- We will share online TM acknowledgment so that in future you can check the status.
What all can be Registered as a Trademark?
When you are starting a new business you wonder many times what can I register as a trademark or what is going to be my brand name, what names can be registered under trademark registration etc. Hence to make it more clear and easy for you we have explained the following which can be registered as Trademark -
- Company Names
- Sound marks
- Coined words
- Product Design
- Website Flow
- Sounds marks
Advantages of Trademark Registration in India
You may often think why you should go for Trademark Registration or Brand registration what is the need, but there is an ample number of benefits that are embedded with the Trademark registration in India. Therefore, the following advantages of logo registration or trademark or Brand registration are as follow-
- Legal Protection The proprietor of a registered trademark is allowed to take action or sue for loss or damages caused by any third party. After trademark registration, you have complete protection of the brand.
- Brand Value Trademark registration creates an intellectual property of a company; trade is an intangible for a company. A registered trademark can be sold or can franchise, or licensed to generate revenue.
- Trustor Goodwill Customer prefers to buy product or services from a brand or company whose trademark is registered. The customer feels secure about the reliability of the brand.
- Brand Identity After brand registration, your brand has its own identity no one can register a company or apply for a trademark in the same or similar business class.
- Intangible Assets Trademark is considered as an intangible asset and it has own valuation at the time of merger or demerger of the company
- International trademark registration – If you wish to register your trademark in other countries then based on approval of Trademark registration in India, you can apply in other countries. This helps you to recognize and promote your product or services globally.
- Allowed Use of ® Symbol – After Trademark is registered, the proprietor of the brand is allowed to use ® on your logo.
Who can apply for Trademark registration in India?
There is no boundation for anyone to apply for trademark registration in India which is as follow-
- An Indian Private Limited or Public Limited company
- A Partnership firm or LLP
- A Proprietor of Firm
- A Foreign company
- A society or Trust or Section 8 NGO
- Any Individuals
Steps for Trademark Registration in India
- Brand Name Finalization - Search on the Internet and Finalize your brand name after a due check on IP India website as well as on MCA portal.
- Logo Design – For Logo registration, design a logo Make sure that it should look great and it must be not matching with the existing brand.
- Trademark Consultant - You need to hire a Trademark Registration Consultant to help you and handle the entire process of Trademark registration.
- Online TM Application Filing - Trademark Consultant will file your application to IP India website and after a due check of all available records in Public domain.
- Application review by the registrar – Registrar will check the application, Description etc. everything is ok. The status will have changed to “formalities check passed”.
- Examination of Trademark Registration Application- The Registrar will do an examination of the application; compared with existing Trademark, there should be no conflict with the existing trademark, or Application pending for review. If the registrar has any objection the application will be marked as “Objected” The Applicant Company has to submit a reply in 2 months and remove the defects.
- Publication of Your brand in TM journal – After adequate examination of records, Registrar will publish the brand for inviting the public objection. Anyone has reason to believe that the proposed Trademark will cause any loss to him then he can file his opposition within 4 months from the date of publication. The Applicant Company can submit his counter-reply within 2 months’ time period. After that Registrar will take his call by approving a trademark application or rejecting the application.
- Trademark Registration Online Approval – After No Opposition has been received the registrar will issue online Trademark registration certificate to you. It will valid for 12 years.
What are the Different Trademark Symbols?
If you are filing the trademark registration online application, the following can be the brand status.
- TM – You can add TM with your logo when the application is pending for approval. TM mark is only for Products.
- SM - You can add SM with your logo when the application is pending for approval. SM mark is only for Services.
- R - You can add R with your logo when your TM application has been approved by Approved.
What is Trademark Rectification in India?
After Trademark registration online, the Trademark rectification process allows you to modify or rectify the earlier filled application. Trademark rectification can be also filed in the following case if –
- Trademark registration online has been filled without sufficient cause or reason
- Trademark is likely to create confusion
- Non-use of a trademark for 5 years
- Non-Renewal of trademark
- Any rectification or revision or addition
What is the validity of the Trademark Registration Certificate?
The usual trademark approval usually takes about 6 to 18 months. The validity of trademark registration is 10 years.