Trademark Registration

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Trademark Registration under Trade Marks Act 1999 is the only way to ensure ultimate protection for Business Name, Brand Name, Taglines, Captions, Logo, Symbol or Emblem or a combination of these.

Find the correct Trademark Class with Free Online Trademark Class Finder

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Trademark Registration

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Trademark Registration


A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company’s products and services from those of others.  It is also used as a marketing tool to create awareness and recognition of products or services among customers.

A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark. Trademark Registration provides ultimate protection for Business Name, Brand Name, Taglines, Captions, Logo, Symbol or Emblem or a combination of these as Trademark.

There are Different Types of Trademarks such as Word Mark, Device Mark, Colour Mark, Shapes of Goods, Sound Mark and Three Dimension Mark.

Trademark Classification - 45 Classes

Under Trademark Registration process, goods and services are classified into 45 Classes of Trademark. It is very important to identify the class in which the goods/services fit into and file an application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.

Trademark Class Finder

Our Trademark Class Finder Tool will help you to identify the class in which the Trademark for a particular product / service is to be registered and to check whether the proposed trademark / name is already registered by someone with the Trade Mark Registry.

Why Trademark to be registered?

A company/individual should register the trademark in order to possess the complete ownership of the mark and to protect the same from misuse by another person/business entity. Only if the trademark is registered, the owner gets the legal rights to take action against people or companies who infringe on their trademark.

Trademark Registration Filing Fee

Trademark Registration Fee is payable separately for each application under each class.

If the trademark is used for different products and services, separate applications under multiple classes has to be filed for protecting name under different categories of products and services

Category of Applicant
Normal Fee |
Reduced Fee

Individual Applicant

4500.00 |

NA

Company / LLP / Partnership / Others

9000.00 |

NA

Company / LLP / Partnership / Others with MSME Registration or Start-up India Registration

 |

4500.00

Professional Charges for Classification and TM Filing will be additional to be above. 


Trademark Registration Process


Classification of Goods and Services

The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered.

Filing of Trademark Application

Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address,

Examination of the Application

TM registry will verify the application and if the trademark application meets the requirements. Once Formality Check is completed, TM Registry shall examine he trademark application.

Publication of Trademark

When the trademark is approved by the TM Registry, the details of Mark will be will be advertised in the Trademark Journal. If anyone has Objection / opposition to the registration of Marks can lodge Notice of Opposition to Trade Marks Registry on Form TM-O within four months from the date of the Journal with the prescribed fee.

Registration of Trademark

After completion of 4 months from the date of advertisement in journal, the TM registry shall issue a certificate of TM Registration to the applicant.

Requirements


Classification of Goods and Services

The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered. This is crucial since trademark protection is ac

Filing of Trademark Application

Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address, the chosen trademark, goods and/or services relating to the chosen tradem

Documents Required


Name of Trademark

  • Text of Trademark Name

  • Jpeg Image of Trademark Design

  • Brief description of Goods and Services

  • Particulars of Usage of TM

Form-TM-M - Authorisation

  • Agents Name and Address for Communication

  • To be Signed by Applicant

  • To be stamped

5999


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How it works

  • Classification of Trademark

  • Execution of TM-M

  • Online Filing of TM

  • Obtain Acknowledgement from TM Registry

  • Start using ™ along with Name

  • Examination by TM Registry

  • Objection from TM Registry (if any)

  • Registration of Trademark by TM Registry

  • Start using ® with absolute rights

FAQ

Frequently Asked Questions on Trademark Registration

What is a Trademark?

A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company’s products and services from those of others. It is also used as a marketing tool for creating awareness and recognition of products or services among customers. A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark.

What is trademark search?

Trademark search refers to the verification done by the Trademark Registry to check whether a similar trademark is already registered or an application is filed with the Registry. The search results indicate the possibility of getting the registration of your desired trademark. Conducting a trademark search before commercial use of your proposed trademark will help you to save the unnecessary cost of branding and avoids the chance of using a trademark that is similar to an existing trademark. CompaniesInn provides Trademark Search Services and will provide you a report with our findings on the basis of similar marks registered and applications filed with the Registry.

What is the need of trademark registration?

Trademark gains its importance by usage. A trademark is not required to be registered for using in the business. It is required to be registered to posses the complete ownership of the mark and protect the same from usage by another person/company. Only if the trademark is registered, the owner gets the legal rights to take action against a person/entity infringing on their trademark.

What are the benefits of trademark registration?

Registering a trademark gives the owner exclusive rights to use the mark for their products and/or services. If the trademark is registered, the owner can use the symbol ®. In the case of trademarks for which a registration application is filed, the symbol ™ can be used. Using these symbols for unregistered trademarks or in cases where no application for registration is filed, is an offence.

What is the difference of business name and trademark?

Registering a company or LLP name provides partial protection to your business name from a third party using the same or similar name for their company or LLP. Where such a situation occurs, the affected party can initiate action for seeking relief under the relevant provisions of the Companies Act or the LLP Act. There is no absolute solution under the Companies Act or the LLP Act to protect a Business Name. Similarly, registering a domain name provides protection against misuse of the name, so long as the registration is valid with registered domain extensions. In both the above cases, the exclusive usage and protection are not guaranteed. However, trademark registration provides the maximum protection for a name or brand, because the trademark holder gets the absolute ownership of such marks for use in particular class/classes of products or services, where the trademark is registered. In the event that no company and/or domain name is registered before the registration of a trademark, the trademark holder enjoys the unrestricted right of restraining any third party usage of such trademark even as a company, LLP or domain name.

What is Trademark Classification?

Under trademark, goods and services are categorised into 45 classes. It is very important to identify the class in which the goods/services fit into and file the application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for respective goods and services.

Trademark Registration

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