Trademark Registration
In this digital era, we all know building a new brand in the market is very hard and capital consuming. It is important to secure our intellectual property e.g., brand name, unique logo, device, slogan, packaging, shape, numerals, various color combination. TM registration will give exclusive right to owner to sue other party for unauthorized usage of mark.
Overview
Trademark registration in India governed under Trademark Act 1999, Rules of tm in India may
amend periodically. TM Registration can be virtual representation of brand name and uniqueness of logo which create differentiation and enjoy exclusive rights and identity from one service to other in similar industry. A trade mark can only be registered if it has something which make them different from another competitor. Once tm application is filled and “R” marked issued the similar name cannot be registered under trade mark. A trademark holds validity of 10 Years. It is important to renew registered trademark every after ten years to enjoy of benefits.
Documents required for a trademark registration
- Proof of Applicant PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Procedure for Trademark Application detail sheet
- Our executive will get in touch with you and will fill your Application form.
- Documents preparation.
- Fillings form with concern department.
- Trademark receipt and acknowledgement slip will send you by Email.
Documents Checklist
*Documents required in individual & sole proprietorship
Any person (applicant)- whether an Indian National or a far off National can very conveniently register a trademark in India. Since there’s no necessity to make a legal entity or a business entity to urge a trademark registered.
Besides this, the documents needed to urge a trademark registered within the name of a proprietorship are just like that of a private as under:
Copy of logo, ideally in black and white (which is optional). However, just in case the brand isn't provided, the trademark application is often filed for the word.
Duly signed Form- 48. this type is an authorisation from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
Copy of the Identity proof of the individual applicant or the proprietor which can include: passport, aadhar card, PAN card, etc.
Copy of the Address proof of the individual applicant or the proprietor which can include latest electricity bill, telephone bill, etc.
Benefits of a Trademark registration
The benefit to having trademark registration in India is to be ready to safeguard brand name.
Additionally, to the present, having a unique brand can immediately link between the customer
and therefore the product by ensuring they’re reliable and associated to the business over a
long period of time.
A. Significance of a Trademark registration
As it is obvious from above how advantageous it’s to register a trademark while running a business, allow us to now understand the importance of the registration:
B. A Trademark provides exclusive identity
Ever since the market place possesses crowded with more and more companies and makes it’s become on the brink of impossible to differentiate among them. Therefore, the sole demarcation between companies for exclusivity to draw in customers to be ready to stand out is by getting an exclusive trademark registered for one’s brand and consequently builds the business’s prestige over it.
C. A Trademark is never- ending
As mentioned above registration of trademarks accompany a validity of 10 long years which
may further be renewed very easily after every 10 years before expiry and thus, a trademark
can last as long because the business is alive or maybe longer!
D. A Trademark works as a shield
For every entrepreneur it’s fundamental to form sure that his/ her brand is safeguarded against competition. Now, just in case the trademark that the individual has been working to create already features a registered trademark by somebody else, then not only does that individual loses business and goodwill within the market but also loses the privilege to ban others from using an equivalent trademark. Therefore, shielding the trademark shall secure the Brand or business, which can further assist the individual by preventing others from using similar Brand.
E. A Trademark is economical
The cost of a trademark registration is merely a one- time cost. Additionally, the period of time and procedure of a trademark registration has also been reduced satisfactorily. A trademark registration process usually takes about 6 months to 1 year get Trademark application accepted. Moreover, once the trademark gets registered, an equivalent is valid for a period of time of 10 years which may be easily renewed every 10 years before expiry of the trademark.
F. A Trademark is an asset
A registered trademark is an absolute asset for the business/ brand/ company which directly
brings home goodwill. As a result, the desirability of a trademark thrives with the expansion of
the business. In fact, a registered trademark is often sold, transferred or purchased or maybe
be utilized as a security to get a loan which is analogous to any of the opposite tangible assets.
Types of trademark Registration In India?
Trademark Registration in India can be done in Products mark, Shape mark, Service mark,
Collective mark, Pattern Mark, Certification Mark, Color Mark, Sound mark, Word Mark, Device
Mark, Number Mark, Packaging Mark Few most popular marks has been explained below.
A. Word Mark
Trademark Registration under work mark is very popular. Word mark is basically used to secure
group of unique created a meaningful brand name which should be descriptive in nature. trade
mark filling for word mark can be done from class 1 to 45 of nice classification.
B. Device Mark Logo
TM Registration online In India can be done under device mark. Whereas the logo of brand is
considered has device while filling trade mark application online. While applying tm application
unique logo can be used to create separate identity of brand. Filling of device mark under tm
can be done from class 1 to 45 to nice classification along with logo. Filing device mark
application can secure your logo from unauthorized usage.
C. Product Mark.
TM Registration under products mark is used to identify products which applied to products of
goods. Trade mark registration under product mark help in securing products category with
unique mark of products by avoiding any others to copy registered products mark creating repo
of company in market. The Application for Registration under products mark can be applied
under class 1 to 34 of nice classification of trade mark.
D. Service Mark
Trademark can be registered under service mark when we wish distinguish any service rather
than product. Trademark registration under service mark help to secure service category that
differ from other service provider in similar market. The Trademark registration in India under
service class 35 to 45 of nice classification of trade mark.
Why Trademark Registration is important in India?
Trade mark registration is important and necessary for every business entrepreneur. It helps to protect Intellectual property under trademark Act 1999, of Indian law. Below are few important highlighted points.
- Unique maker of identity
- Registration of TM Creates mark of standard and quality.
- Trade mark registration protect reputation.
- Financial benefits.
- Trade mark prevents unauthorized usage of registered mark.
Trademark class
Classes | Description | Classes | Description | Classes | Description |
Chemicals | Stationery & Paper | Fresh Fruits & Vegetables | |||
Paints,Coatings | Rubber Products | Beer & Beverages | |||
Cleaning Products | Leather Goods | Alcoholic Beverages | |||
Fuels, Industrial Oils | Building Material | Tobacco Products | |||
Veterinary Products | Furniture | Advertising & Business Services | |||
Metals, metal castings | Crockery | Insurance & Financial Services | |||
Machines and Machine | Ropes | Construction & Repair Services | |||
Hand Tools and | Yarns & Threads | Telecommunicatios Services | |||
Computers & Scientific | Fabrics | Shipping & Travel Services | |||
Surgical Instruments | Clothing,Footwear & Headgear | Treatment of Materials Services | |||
Appliances | Lace & Embroidery | Education & Entertainment | |||
Vehicles | Carpets | Science & Technology Services | |||
Firearms | Games & Toys | Food Services | |||
Jewellery | Meat Extracts | Medical & Veterinary Services | |||
Musical Instruments | Coffee & Rice | Legal & Security Services |
How To Register a trademark?
The process to register a trade mark is not much more complicated than it appears. Setupfilings
Experts team of to register a trademark make the process of registration easier and much
easier and hassle-free for there clients. We make all the follow for your trade mark registration
on your behalf and keep you updated regarding the status of your application of trade mark.
STEP: 1 Classification of Trademark class
Trademark class divided into different section manufacturer and service provider. Trade mark
class 1 to class 34 is for manufacturer and class 35 to 45 is for service provider. It is very
important to select proper trademark class asper industry to get brand name registered.
STEP: 2 Trademark Search Report
Before filling trade mark application, it is important to know whether similar brand name
application is already filled with trademark or not, if no similar brand name found in trademark
search report, then we can proceed with the tm registration process.
STEP: 3 Trademark Application filling
We should file trademark registration application with proper documents. Before filling tm
application, we should make POA and check all the spelling of brand name and scope of
business mentioned in application of trademark preview before submission.
STEP: 4 Trademark Application Scrutiny
After successfully submission of trademark application examiner check the tm application is in
proper compliance or not. In case if officer has any queries, then an examination report issued
by him should be replied within 30 days of examination report know has trademark objection
issued. In case if it seems all the mentioned details are as per requirement then same
application is forwarded to publish in trade mark journal for 4 months.
STEP: 5 Trademark Registration Certificate Issue
As soon as trademark completed time period of 4 month of published in trade mark journal.
With any trademark opposition. Trademark department issue a trade mark registration
certificate. Which is valid for ten years from the date of trademark application.
What is trademark Objection?
An Examination report issued by trademark officer after examining trademark application is called trademark objection. Reply filings to trademark objection should be submitted within 30 days of trademark examination report issued or else application may reject by the registrar of trademark within prescribed time by Trademark Act 1999.
An Examination report issued by trademark officer after examining trademark application is called trademark objection. Reply filings to trademark objection should be submitted within 30 days of trademark examination report issued or else application may reject by the registrar of trademark within prescribed time by Trademark Act 1999.
How to Register Trademark with Setupfilings?
Below mentioned are why one should choose setupfilings for Trademark registration in India. Setupfilings is one of the most trusted partners to register a trademark in India. Setupfilings is best platform for registered trade mark online.
- Setupfilings conduct proper trade mark classification according to your need and Industry
- Trademark Expert of setupfilings conduct proper trademark search report to check whether similar phonetic brand is on record or not.
- Setupfilings with keep your trade mark status up to date through IA Module.
- Setupfilings will provide your proper update of your application time to time.
- Team of Setupfilings will provide you proper support throughout trade mark registration process in India.
Packages
Choose your package & proceed to pay
| Basic | Standard | Premium |
|---|---|---|
| Trademark Application for individual | Trademark Application | Trademark Application other than Individual |
| MSME Registration | MSME Registration | |
| Rs.6499 | Rs.7499 | Rs. 11499 |
Process
Get the process done in 5 Easy Steps
FAQ's
Answer: Trademark Registration in India is done to distinguish goods and service from one business to another and help to build a identity and goodwill in market.
Answer: The Trademark registry has classified trademark registration into 45 classes where
trademark class 1 to 34 is for manufacturer and trademark class 35 to 45 is for service provider.
Answer: Trademark symbols available in India are ® Registered Mark, TM & SM.
Answer:Once trademark application is filled and You receive TM receipt.
Answer:If your brand name is already registered but with different class then still you have luck
to apply, unless the registered brand get well known, you application for trademark might get
approved.
Answer: If your brand name is phonetically similar with registered trademark then your
application for trademark might get cancelled. It suggested speaking with experts of setupfilings
for better understanding.
Answer: It take 8 to 12 months to get trademark registered. You can start using tm once trademark application is filled.
Answer: The proprietor of brand may be Individual or company get benefit of registered brand.
Answer: Yes application of trademark is allowed to make changes in application of trademark.Changes in goods and service are not allowed in application of trademark registration.
Answer: Yes, The owner of trademark can transfer the registered brand to other person by filings TM-P.
Answer: Trademark is valid for 10 years once it get registered. One can renew their brand after expiry.
Answer:
Step 1: Trademark classification
Step 2: Trademark Search Report
Step 3: Trademark Documents Drafting
Step 4: Trademark Application filings
