TradeMark Registration
Protect your Brand Before it's too Late
Our Expert Consultation will help you to get the Trademark Registration online seamlessly from the government
Trademark Registration gives the owner an exclusive right to protect the Logo, Symbol, and Words as the identity of the Brand. To Protect your brand with our trademark registration services.
Register your Trademark & Safeguard your Brand Identity with the Expert Guidance of Surana Consultancy
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate one's goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorises it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
In India, anybody who claims to be the trademark owner, whether an individual, proprietor, corporation or other legal organisation, can apply for a trademark. The trademark application can be filed, and the "TM" sign can be used within a few days post registration following registration. The Trade Mark Registry takes a minimum 6-8 months to register if there's no objection raised by the Registry. In case of an objection, it might take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. R, can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and has to be renewed at the due time.
Who Can Opt for Trademark Registration
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Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name that the applicant intends to use in the future.
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LLP
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners' names.
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Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
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Shared Ownership
Joint proprietors of a firm can apply for a trademark registration together. In such cases, the application should include the names of both the proprietors to reflect joint ownership of the applied firm.
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Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
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Partnership Firm
While registering for trademark, a partnership with a maximum of 10 members must list the names of all partners in the application. If a partner is a minor, include their guardian's name.
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Foreign Corporation
A foreign-incorporated firm filing for trademark in India must do so under the corporate name as it is registered. The registration type, the governing law should all be indicated here. It must mention the Indian address from which they are running their business in India.
Kinds of Trademark Registration in India
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Service Mark
A service mark identifies and distinguishes services rather than products. Trademark classes 35–45 cover service marks, as they relate to services offered by the proprietor.
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Marks in the Series
These marks are registered for use with a series of related products that share a common feature, such as a similar prefix, suffix, or symbol. They help create brand recognition across a product line.
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Mark of Sound
A sound mark is a sound that may be connected to a product or service that originates from a certain provider. Sound logos, often known as audio mnemonics, appear at the beginning and end of ads.
Importance of Trademark Registration in India
Exceptional Rights
The registered trademark owner holds complete rights over its use and can apply the trademark to all products or services within the designated class(es) listed in the application. The owner can also prohibit others from using it in those classes and have the right to sue for any unauthorized use.
Creating Assets
Trademark Registration grants a corporation intellectual property. It is a legal right that may be purchased, assigned, franchised, or economically contracted. Trademark also functions as an intangible asset on a company's financial sheet, providing all of the benefits associated with such assets.
10 Years of Low-Cost Protection
Trademark registration is a cost-effective way to help your organization maintain a unique identity in the marketplace. Additionally, online registration is both simple and affordable. Registering a trademark requires you to pay a protection fee, along with a renewal fee, due every 10 years to ensure continued legal protection and exclusive rights.
Gives a sense of identity to a product's quality
Trademark registration provides physical confirmation of the value and quality of your product or service. As a result, customers identify the quality of a service or product with the trademark. Moreover, this awareness benefits acquiring new clients who unwittingly identify a product or service's quality through its logo.
Increases Trust and Loyalty
Trademarks signify a product's or service's reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Use of the ® Symbol
When your trademark is registered, you may use the ® sign in your logo to show that it is a registered trademark & that no one else may use a similar brand. If another individual uses your trademark without your permission, you can sue in court for such obvious infringement of your exclusive usage rights.
Global Trademark Registration
If you intend to expand your business internationally or register a trademark in another country, an existing Indian trademark can provide a strong foundation. The goodwill and reputation established through the Indian registration can significantly support and ease the process of securing trademark rights abroad.
Product Differentiation
Customers can quickly locate your items if you register your trademark. It separates your goods or service from the competition while acting as an efficient advertising tool. Furthermore, your trademark or logo communicates your organisation's vision, quality, and uniqueness.
Protect Against Infringement
If someone uses a trademark without the owner's permission or in a deceptive manner, the owner can get an injunction to prevent the individual from using the brand without permission. In addition, your trademarked logo may not be used by any outsiders, including competitors or rivals, under any circumstances.
Recruit Human Resources
Popular businesses have a reputation for recruiting young talent. Furthermore, young brains prefer to work for major firms since they provide better benefits and salary security. In addition, trademark registration provides a favourable image of a company. Furthermore, this reduces the cost of recruiting and other associated activities.
Background of Trademark Registry
The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act's operational or functional body. It can also be stated to be functioning concurrently. As a functioning entity, the trademark registry administers all of the laws and regulations of the Indian trademark Act.
The trademark registry's headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a trade mark, the registrar will verify to see if it fits all of the Act's requirements.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company's products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
In India, some of the most common trademark classes are:
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Class 9 consists of mobile software (App) and electronics.
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Readymade Clothing is included in Class 25.
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Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
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Education and entertainment are included in Class 41.
Steps Involved in The Plan of Trademark Registration
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product's or service's reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Selection of a Trademark
Remember to select a unique and distinct mark to represent your organisation. Another critical aspect is determining which class you belong to. There are now 45 kinds of products and services for which a trademark can be registered. Classifications 1–34 are for products, whereas classes 35–45 are for services.
Search for The Mark
Once you've decided on a mark, you should run a search to see if it's comparable to an already registered mark. You may do this yourself by visiting the Controller General's website for Patents, Designs, and Trademarks. A public search option is available on the website. After selecting this option, you must select your class and search the online database.
Application Submission
You can file a single application for several classes, series, or collective trademarks. Form TM-A must be completed for this. This form allows you to register your trademark in more than one class. This form has two distinct cost brackets:
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9,000 rupees or 10,000 rupees If you are not a start-up, small business, or individual, you will fall into this category. You must pay Rs. 9,000 if you register the form electronically, or Rs. 10,000 if you file the form in person with the Office of TradeMarks.
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4,500 rupees or 5,000 rupees This category includes individuals, small businesses (with MSME), and new businesses. The fee for e-filing the form is Rs. 4,500, or Rs. 5,000 if you file the form in person.
Make cautious not to make any mistakes when filling out the form since this may result in delays or even rejection of the application. You must fill out all the requirements and provide an image of the trademark with 9 by 5 cm dimensions. You may be needed to submit five copies of the same document. When filing, the whole file must be supplied with two duplicates.
Vienna Codification Procedure
The Vienna Categorisation, often known as the Vienna Codification, is an international classification of trademark sign components created by the Vienna Agreement (1973). Following the Trademark registration application filing, the Trademark Registrar will file the Vienna classification to the Trademark established on the marks' figurative components. Accordingly, the trademark application status is normally indicated as "Sent to Vienna Codification" while this work is being done.
Online Procedure of Trademark Registration
Search for The Brand Name
Choosing a different and offbeat brand name is a sensible choice because most generic names are already in the hands of someone. Furthermore, settling on a name necessitates a rapid research procedure to guarantee that you are not selecting a brand name that is already in use. The best thing is that you may develop a distinctive brand name by inventing or coining some phrases and combining them with generic terms.
Putting up a trademark application
The following supporting papers must be presented with the application for online trademark registration:
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Business Registration Evidence: Based on your registered business (for example, sole proprietorship, etc.), you must produce identification proof of the company's directors as well as address proof. In the case of a firm, the address evidence of the company must be presented.
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The proposed mark's proof of claim (if applicable) can be utilised in another nation.(sales invoices mentioning the brand name)
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The applicant must sign a power of attorney (Vakalatnama)
Submitting a brand name registration application
The two methods for filing the registration application are manual filing and e-filing (form TM-A). If you select manual filing, you must personally transport and hand over your application for registration to the Registrar Office of TradeMarks in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. Following that, you must wait at least 15 -20 days to receive the acknowledgement. In the event of an e-filing system, however, you will immediately obtain your receipt of acknowledgement on the government website.
Examining the procedure of the brand name application
Once the application is submitted, the Registrar of Trademarks will review it to see if you fulfilled specific requirements and if your brand name fits with current legislation. Furthermore, there must be no similarity (visual or phonetical) of identity with any existing brand which is pending for registration.
Publication of your trademark in the Indian Trade Mark Journals
Following the examination procedure, if there is no objection raised by the registry (the stipulated time period may vary), the Registrar of Trademarks will accept and publish the brand name in the Indian trademark journal. This is perhaps the most crucial aspect of trademark registration. Within 4 months from the date of publication in the journal, any third party can oppose the instant application if there are any similarities between their brand name and the brand name in question. If within that time period no opposition is filed, the Registrar of Trademarks will issue the Trademark Registration Certificate.
Opposition to a Trademark
Suppose a third party files an objection within four (time period may vary) months of the trademark's publication in the trademarks journal. In that case, the Registrar of Trademarks will provide you with a copy of the opposition notice. You must respond to the opposition notice within 2 months by filing a counter-statement. If the counter statement is not submitted within two months, the trademark application will be regarded as abandoned and refused. In case of both the Notice of opposition and Counter statement the government fee of Rs. 2700 is to be paid by both the parties while filing.
However, suppose no objection is filed within three months. In that case, this procedure will not apply to you, and your brand name will be accepted for issuing a Trademark Registration Certificate.
Trademark Opposition Hearing
This procedure does not apply to you if there is no such trademark opposition in your case.
Suppose a third party contests your trademark, and you respond within two months. In that case, the Registrar of Trademarks will send a receipt of your response to the third party opposing trademark registration.
You and the third party must produce evidence in support of your claims. Following the filing of evidence under Rule 45, the Registrar will hold a hearing for you and the third party. You may submit your evidence under rule 46 or a notice intimating the registry that you will be relying upon the counter statement which has already been filed by you. The Registrar will issue an order accepting or rejecting the trademark application after hearing both parties and examining the facts. If the Registrar of Trademarks accepts your trademark application, he will proceed with the registration procedure.
The Issuance of a Trademark Registration Certificate
The Registrar will approve your trademark application if there's no objection being raised within the time period which may vary or on acceptance of your trademark application following a trademark opposition hearing. Wow! And the best moment for you would be when the Registrar issues the Registration Certificate with the Trademark Registry stamp. You can use the registered trademark sign (®) beside your brand name as soon as you get your certificate.
Documents Needed for Trademark Registration
Applicant's/Company Name
Business Type
Business Details
Brand/Logo/Slogan Name
Office/Business Address
Documents required for Trademark Registration are:
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Name of the applicant
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Type of business
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Nature of business (specific goods/services)
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Name of a brand/logo/slogan
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Registrant's mailing address with PIN CODE.
Documents required for Trademark Registration are:
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Form-48 has been signed. (Power of Attorney)
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Signatory identification evidence
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Proof of the signatory's address
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Business validation (depends on the type of business)
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MSME registration certificate/Udyog Aadhar (optional)
A trademark is a distinct identity that distinguishes your organisation, product, or service from the competition. A registered trademark is the intellectual property/intangible asset of your company. It safeguards your investment in building client trust and loyalty.
Registration of a trademark gives you the ability to sue anybody who attempts to replicate your trademark and prohibits others from using an identical trademark to the one you registered.
Customer's Review
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Calcutta Paper Industries
Successfully applied 10000+ Brands & Logos
Professional Fees
Standard
₹4,999
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Trademark Application Filing
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Creative Logo Design By dedicated Logo Designer (3 Logo design choices)
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Expertise TM Search Report
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Free Class Search
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Free Consultation till you get TM Mark
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Drafting & Filing by TM Expert
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Use TM next to your brand
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EMI Facility
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Call, Chat, Email Support
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No hidden charges
All In One
₹14,999
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Trademark Application Filing
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Creative Logo Design By dedicated Logo Designer (3 Logo design choices)
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Expertise TM Search Report
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Free Class Search
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Free Consultation till you get TM Mark
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Drafting & Filing by TM Expert
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Use TM next to your brand
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Trademark Objection Reply
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Trademark Hearing
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EMI Facility
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Call, Chat, Email Support
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No hidden charges
Why Surana Consultancy?
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We conduct a thorough research regarding your TM availability from the Govt.
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Authorization letter is prepared from our side in order to file Trademark registration on your behalf.
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We offer the best services to make sure that our client does not have to face any responsibility of filing Trademark.
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You will be guided on the classes you have to apply under and we are the one to guide you.
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We will provide assistance regarding form fill up with the Registrar.
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You will be receiving updates constantly from our side till the registration is completed.
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We assure you to protect your brand of products or services.
Importance of Trademark Registration in India
Exclusive Right
The registration of Trademark gives you the exclusive right to use of the registered trademark and indicate so by using next to your brand name.
Creation of Asset
A registered trademark establishes a legal right that can be sold, assigned, franchised, or commercially licensed for business growth.
A Legal Protection
In case your trademark is misused, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Global Trademark Registration
For any person willing to expand outside India, the trademark registered in India can provide a good base along with the established goodwill in the Country.
Differentiates Product
Registering a trademark ensures that competitors cannot use it, thereby preventing customer confusion and protecting your brand’s identity.
Build trust and Goodwill
It helps in building a loyal customer base, as people tend to repeatedly choose and trust the same brand over time.
Trademark Registration Process
How We Work?
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Fill our Registration Form & Make the Payment
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We will search the class of your brand by trademark expert
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We will draft the authorization letter (Form-48)
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Upload the Required Documents
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Our expert will file the Trademark Application
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Congratulations! You can use now TM next to your Brand
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