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How to get a Trademark Registered in India?

Trademark Registration

Trademark Registration

To begin with, a trademark is a word or a symbol which helps you protect your business identity and its products. Furthermore, Trademark comes under Intellectual Property Rights – IPR. Similarly, it is important for a company or an individual as:

  • First of all, it provides legal protection against the misuse or copying of a company’s name or logo, collectively called brand identity.
  • As per the rule, an owner of the trademark receives exclusive ownership of the mark, which can be legally used in Courts.
  • Consequently, other companies cannot adopt a confusingly similar trademark claiming ignorance.

Trademark Types in India

  1. Word Mark: To begin with, any name including personal or surname of the applicant or a predecessor in business or the signature of the person.
  2. Service Mark: An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  3. Logos and Symbols: Including fancy devices or symbols.
  4. The shape of goods or their packaging.
  5. Series Marks: As an example, Letters or numerals or any combination thereof falls under Series Mark category.
  6. Certification Marks: The right to proprietorship of a trademark can be acquired through registration under the Act or by use in relation to particular goods or services.
  7. Collective Mark is a combination of colours or even a single colour in combination with a word or device.
  8. Monograms are Marks constituting a 3-dimensional sign.
  9. Sound Marks are the ones represented or described in words by graphical representation.

Various signs of a trademark

Firstly, Trademark Signs are defined as per usage. The following signs are opted, depending upon the type of IPR:

  • TM – Firstly, the TM Symbol represents unregistered trademarks. However, it is used to promote or brand goods. And it also ensures that a trademark is an intellectual property of the owner and it cannot be copied by anyone else including your competitors. However, It is protected against a country’s geographical areas only.
  • ® Symbol – The ® symbol stands for registered trademarks. It is used to promote or brand goods. Particularly, showcasing the mark as protected under intellectual property. However, once registered the owner is entitled to file a lawsuit against anyone who attempts to do so.
  • SM – The SM Symbol is used to represent Service Mark. However, it applies to businesses who sell services. Ordinarily, Service Mark protects the identity/mark against copying and infringement. Consequently, an owner can file a suit against the copier of a service mark.

 Documents Required

  • A copy of the logo. In case of a trademark for word, a logo is not required
  • Should including some other details like Name, Address and Nationality of the Applicant
  • Incorporation Certificate for Companies or LLP’s
  • Udyog Aadhar Registration
  • Description of goods or services that a trademark or service mark represents
  • Trademark Class to be filled in the application

 Mode under Intellectual Property Rights – IPR

  Above all, you can get Trademark Registration Online – www.ipindia.nic.in

Although you need an expert to guide you through the process and make it a convenient experience. Since legal procedures take time and involve intricate details in a particular domain, business identities and large corporations prefer hiring experts.

  In case of offline registration, it can be applied at the office of the Registrar of Trademarks (TMR)

In this digital age, you can still apply for Trade Mark Registration Online as well offline as per your preference. Although both the methods are fine but offline requires more documentation and procedural delay as compared to digital forms.

Trade Mark Charges

For New Trademark Registration / Collective Mark / Certification Mark / Series of Trademarks or specification of goods included in one class

eFiling: Rs 9000

Physical Filing: Rs 10,000

Individuals / Startups / Small enterprises

(Normal Process)

eFiling: Rs 4500

Physical Filing: Rs 5000

Individuals / Startups / Small Enterprises

(Expedited process) 

eFiling: Rs 20,000 (Only eFiling)

For Entities other than Individuals / Startups / Small enterprises

(Expedited process)

eFiling: Rs 40,000 (Only eFiling)
Fee for notice of opposition under Section 21(1), 64, 66, 73, Or

Application for rectification of Register under Section 47 to 57, 68, 77

Or

An application under Rule 99, 103, 140.

eFiling: Rs 2700

 

Physical Filing: Rs3000

Applicable Fees for the Renewal of Trademark

eFiling: Rs 9000

Physical Filing: Rs. 10,000

Restoration and Renewal Under Section 25(3) and 25(4) eFiling: Rs 18000

Physical Filing: Rs 20,000

Trademark Search Certificate Normal process

        eFiling: Rs 9000

        Physical Filing: Rs. 10,000

Expedited Process

        eFiling: Rs 30,000 (only e-filing)

 In the case of Non-registration

In case, you do not obtain a trademark, copying or imitation of your brand is plausible and even the law cannot help in such cases. Hence, timely registration of a Trademark is a must for anyone who seeks to secure their brand.

Hence, to safeguard the interests of your brand identity one should get the Trademark Registration. In this case, you cannot save your brand identity from imitation. Consequently, one can easily apply for the registration and ensure the safety of brand identity in the long run.

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