Trademark Registration
Starting From Rs.1499 *
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
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TRADEMARK REGISTRATION IN INDIA
A Trademark is a expression . This expression could be word , slogan , photograph , logo , graphic , colour combination , sound or even smell . Owners of trademarks have exclusive rights to their use under the categories they are registered in total 45 categories . Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties . In India , you could get a TM within three days , but it takes up to two years for it to be registered so that you can use the R symbol .
PROCEDURE
It takes just one day to file a trademark application , following you can start using TM symbool .
We first do a trademak search to check for your unique trademark . Once it is confirmed , you must make the payment for the entire process . We will then send you an authorisation letter , which you must sign and return to us so that our lawyers can file your trademark application on your bhealf .
Our reprentative will get in touch with you one on one by email or phone . We will take 1 days to complete your application . We will check the status of your application regularly for updation by Trademark authorities .
A Step-by-Step Guide to Company Registration Process
We can incorporate a company in less than ten days, subject to government processing times and availability of all documents.
Step 1: Dedicated incorporation expert assigned for the engagement
Step 2: Collection of information and documents for company registration from client
Step 3: Application submitted for digital signatures to eMudhra
Step 4: Name approval request submitted to MCA
Step 5: Incorporation documents drafted based on the MCA approved name
Step 6: Signing of incorporation documents by all Directors & Shareholders
Step 7: Submission of incorporation documents to MCA for approval
Step 8: Company incorporated with incorporation certificate & PAN
Step 9: Other process or services begin as per customer requirement
Documents required for Trademark Registration
Individuals & Sole Proprietorship
The documents required to register a trademark in the name of a Sole proprietorship or:-
- 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 an authorisation 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 – Small Enterprise or Startup
To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate.
Further, in addition to the Udyog Aadhar registration, the following details would be required.
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.
6.Protection against infringement
Reasons to Register a Trademark in India
1.Exclusive Rights
The owner of a Registered Trademark has exclusive ownership of the mark. The owner can use the same for all products that come under the applied class(es). It grants the right to sue anyone who uses the Trademark Registered without permission.
2.Builds trust and Goodwill
The trademark generates confidence and goodwill among clients in the market by establishing the established quality of your product and services.
3.Differentiates Product
It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organization.
4.Creation of Asset
Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.
5.Use of ® symbol
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark.
No rival or third party may use the trademarked wordmark or logo that you have registered. However, if someone uses it without the owner’s permission or in a dishonest manner, the owner can seek legal protection under the Act and prevent the person from doing so.
What is the Price I Need to Pay for Registering a Trademark?
The Cost of Registration a Trademark would vary from INR 6899/- to INR 29899/- depending upon the plan you choose.
Pay as you go grow pricing
All Inclusive Pricing - No Hidden Fee
Basic
Trademark Filling
Trademark Filling under one class for proprietorship and small Enterprises
Premium
Trademark Filling under one class for large enterprises not eligible of MSME Registration
Frequently Asked Questions
Trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader.
No, registration of a Trademark is not mandatory in India but it is advisable to do so.
Yes as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India.
Yes, sound and smell can be registered as a trademark in India under the Indian trademark law.
The most important documents for trademark registration as follows:
- Soft copy of the trademark.
In the case of an individual or a HUF
- Identity proof
- Address proof,
- Citizenship and;
- Business registration document (if available).
In the case of Company/LLP
- Shops Establishment License;
- Certificate of Incorporation and;
- Address proof of the company.
In case of Partnership firm
- The Partnership Deed.
Apart from these, there are no particular documents to be filed. Different forms for different types of applications have to be filed for registration of trademarks
A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.
A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can’t be trademarked. In general,
- Generic words can’t be trademarked. For example you can’t trademark the words like TV, Fridge, scooter, car etc.
- The names of the cities and countries can not be trademarked.
- The names of Gods and Goddesses and the names of religious books can not be trademarked. For example you can’t trademark *Lord Ram* or *Ramayana*
- Surnames can not be trademarked under normal circumstances. For Example you can’t trademark *Sharma*
- Names of Constitutional Posts or Government posts can’t be trademarked. For examples you can’t trademark *Prime Minister of India
- Words which denote illegal or Immoral acts can’t be trademarked. For example you can’t trademark *Let’s cheat* or *Let’s grope*
- Words which are prohibited under names and emblems act can’t be trademarked. For example, you can’t trademark the official sign of Government of India
International Classification of goods and services (Nice Classification) is adopted in India.