Trademark registration india

Trademark Registration India

Table of Contents

So, you own a business or want to own a business, and you are thinking if Trademark registration in India really a necessary step. is it something that is just good to have for a business or a must-have for a business? well, let me ask you a question,

  • How much time and effort you invested in your business? for your product ? or creating brand value?  Did you work hard to make your business a respectable and trustworthy name in minds of your clients?
  • How would you feel, if someone else is misusing your business name?
  • Or You found out that the name that you are using for your business is actually registered with some other company

and Even the worst case would be …

You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing already registered trademark of someone and you can not use that name for your business hereafter

It would be a huge loss of time, efforts, and costs !!! Would you like to avoid such devastating scenarios that can hurt your business’s image? which can result in all the hard work you put in building a brand name (image) of the business going waste !!!

Then you need to seriously consider protecting your business name, identity, brand, logo, image, etc. This is achieved by registering a Trademark for your business. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence it is important to consider Trademark registration India.

how to register a brand name or a trademark in India?

“A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol.”

What is a trademark?

A trademark is a visual symbol like a word signature, name, device, label, numerals, or combination of colors used by the owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses.

A trademark can be a word, symbol, logo, brand name, wrapper, packaging label, tagline, or a combination of these is used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from its competitors.

In simple terms, a trademark is a brand or logo which represents your business.

Example of trademarks:

Coca-cola and Pepsi are two trademarks from the same industry (beverages) which distinctly identify the source or origin of the goods as well as an indication of quality.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which an application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered.

Who can apply for a trademark?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

functions of a trademark are:

  • It identifies the service or product and its source
  • It guarantees its quality
  • helps in the Advertisement of service or product

different types of trademarks:

  • A name (including the personal or surname of the applicant or predecessor in business or the signature of the person)
  • A coined word or an invented word or any arbitrary dictionary word or words, not directly descriptive of the character or quality of the goods/service
  • alphanumeric or Letters or numerals or any combination thereof.
  • Image, symbol, monograms, 3-dimensional shapes, letters, etc.
  • Sound marks in audio format

Documents required for filing a Trade Mark Application in India:

  • Trademark or logo copy
  • Applicant details like name, address, and nationality and for the company: the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying.
  • Power of attorney to be signed by the applicant

Procedure for registering a trademark in India

(time: about 4 hours) Cost: Rs. 0 to Rs. 500

This search is to check whether your business name or logo is similar to other already registered trademarks. Generally, the trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both searches done. Once found to be unique you can proceed to the next step

Step 2: Create a trademark application

(time required: 2-3 days)

Based on the results of the search conducted, the trademark attorney will draft a trademark application, provided that your business name/logo is found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it for a long time even before other party trademark registration. You can start using the ™ symbol as soon as you file the form of a trademark application.

Step 3: trademark registration

(time 8 to 24 months)

Cost: Government fees are Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 3500/- per application per class.

  • The Trademarks Office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
  • If it has no objection, it makes an advertisement in the Trade Marks Journal.
  • If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.

Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs. 5000 in order to overcome the objections and in case a hearing is required, the cost per hearing would depend upon the complexity of the matter.

Steps you need to take to registration your trademark in India:

  • Select and authorize a trademark agent or attorney to represent you.
  • The trademark attorney conducts a search.
  • Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
  • The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
  • After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.

It can take anywhere between 8 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.

Why do you need to consider registering a trademark for your business

  • Even the biggest businesses like Coca-cola, Siemens, Apple protect their business by means of a trademark.
  • The trademark would be an important asset for your business and contributes to the goodwill generated.
  • With a registered trademark, you can stop others from using your trademarked business name/logo with regards to goods or services it is registered
  • Trademark can be considered just like any other form of an asset like real estate, as it can be sold, licensed, or assigned
  • It guarantees the identity of the origin of goods and services.
  • It stimulates further purchases.
  • It serves as a badge of loyalty and affiliation.
  • It may enable the consumer to make a lifestyle or fashion statement.

For more questions and information or for trademark search, filing, opposition, and registering trademark in India, you can reach us by going to my trademark requirement.

Cost for Trademark Registration in India

The Cost for Trademark Filing in India is 7000/- in case of Individual/ Startup/ Small Enterprise and 11,500/- in all other cases.

 Official Fees (INR)Professional (INR)Total
Trademark Application(Charges are for per class per mark application)₹ 4,500/- in case of Individual/  Small Enterprise 2,500/-7000/- in case of Individual/ Startup/ Small Enterprise
9,000/- in all other cases11,500/- in all other cases
In case of any objection from the Trademark Registry a reply to the Trademark Registry– 4,000/- per reply 4,000/- per reply
In case of a hearing to overcome the objection– 5,000/- per hearing 5,000/- per hearing

Once the Trademark is accepted and published in the official journal, it is open for opposition for 4 months by the third party. In case it is opposed, we will have to go through a separate procedure for which there would be additional charges depending on the facts of the cases.

In case the applicant is a start-up having a DIPP certificate, professional charges will not be applicable but the official fees will be INR 5000/-.

How to proceed with Trademark/brand registration?

We conduct a free of cost search for brand name and Rs 2000 for a logo to check if it is available for registration:

We need 3 things to get started with the search :

  • Your brand name or logo to be registered
  • Date if use (already using since date or future use date)
  • Nature of business (activities you plan to do under that brand name)

In this search, we check if your brand name/logo has any similarity with already existing marks or if we are going to get any objections. The report we share would help in understanding the chances of getting a trademark for your brand name/logo and if we might receive any objections.

Upon reviewing the Search report, you may take a decision on whether to proceed with filing a trademark application. Once we file the trademark within 1-2 days you may start using the TM symbol and after receiving a certificate you can use the ® symbol.

Documents about trademark registration : Link for Folder is here

You may schedule a short call with us by writing your name, email and contact number along with a single line about your requirement and you will get an automated email response from us on your email instantly along with required information, videos and required documents in attachment. Fill your information here to receive all information on email

Book Title: “How to select a world-class Brand Name or Logo for My Business”

A step-by-step guideline for creating and defending your Business Identity with effective Trademarks

Author: Prasad Karhad

Link for the book on Amazon: https://www.amazon.in/dp/B0CS1XC8P6

“How to select a world-class Brand Name or Logo for My Business: A Step-by-step guideline for Creating and Defending Your Business Identity with Effective Trademarks”

This book is a comprehensive guideline that is specially designed for business owners and entrepreneurs to answer one and only one question…

“How can I create a winning brand for my business that will protect my goodwill, enhance my brand value and will eventually become the most valuable asset of my business?”

Have you ever thought about these questions:

  • How can I create a brand name that truly resonates with my target audience?
  • What goes into designing a logo that is both unique and effective?
  • How do I navigate the complexities of trademark laws?
  • How can I avoid the common mistakes in branding and logo selection?
  • What are the legal and ethical considerations I need to know to protect my brand?
  • What strategies can I use to defend my brand against infringement?

These aren’t just questions; they are the barriers between you and your brand’s success.

This book is born out of a deep understanding of these very questions, frustrations, and challenges that you, as a business owner, marketer, or entrepreneur, face in your journey to find out a distinct and legally sound identity in the marketplace.

This workbook on brands, logos, and trademarks is the outcome of facing more than 12,000 calls, emails, meetings and visits with inventors and entrepreneurs. Leveraging over 15+ years of experience in the field of intellectual property rights and having helped more than 1800 clients, we have come up with this book with a particular focus on solving the most common questions, frustrations and pain points faced by business owners while selecting a world-class brand identity that project right image of their business.

Link for the book on Amazon: https://www.amazon.in/dp/B0CS1XC8P6

Prasad Karhad
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