Trademark Registration

Register a trademark to protect the distinct identity of your logo, slogan and brand.

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Required Documents

Following are the list of documents and information required to proceed for online Trademark registration.
Required Documents
  • PAN Card and Address Proof of Applicant.
  • Certificate of registration (other than an Individual applicant)
  • The logo must contain the Brand Name applied to register a Trademark
  • If a specific user date is to be claimed, the user affidavit is also required to be submitted
  • To claim specific user date, documentary proof such as invoices etc. with the brand name should also be provided
  • Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee.
  • TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by professionals for the signature.

 

 

1. Individual : An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.

2. Shared Ownership: A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.

3. Partnership Firm: When registering a trademark, a partnership business with a maximum of 10 members must include all partners' names in the application. In addition, if a minor partner is present, the name of the minor's guardian must be stated.

4. 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.

5. 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.

6. Foriegn Corporation: If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.

7. 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.

Advantage

REGISTRATION PROCESS

Process To Start Trademark Registration

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Status of Trademark Application
FAQs

A trademark is a brand or a logo that you use to distinguish your product from those of your competitors. The term Trademark is the legal term for “intellectual property”.

Trademark Registration is a legal procedure provided under the Trade Marks Act, 1999. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same.

A phrase, word, symbol, device, or even color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.

Trademark searches refer to any action taken for the purpose of determining whether and/or a trademark is used in commerce. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search. An appropriate search strategy will consider the nature of the mark, the nature of the goods/services the mark covers, the timeline for bringing the mark to commerce, and the applicant's allocation of resources.

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

The Department accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

Anyone who wants to claim ownership of the trademark may submit an application for its registration.

The Trademark Act of 1999 states that trademark registration is not mandatory. However, if there is infringement of an unregistered trademark, no lawsuit can be filed challenging such an infringement.

Yes. Section 22 the Trademark Act of 1999 allows for the amendment of a trademark that has already been registered. Additionally, modifications to the mark are allowed as long as they do not significantly alter its original meaning.

Yes. A domain name can be registered as a trademark in India.

A trademark registration grants the owner exclusive rights to use the trademark. Moreover, with a registered trademark, the owner can file a lawsuit in any Indian court against infringement.

Yes. Sound or smell can be registered as a trademark, provided they are graphically represented and unique.

Yes, as per the Trademark Act 1999, a three-dimensional mark can be registered as a Trademark.

No. It is not possible to have a descriptive trademark registered in India.

Yes. Foreign owners can file applications for trademark registration in India.

Trademark registrations are valid for 10 years. To reap the benefits of a registered trademark, it must be renewed after every ten years.

The trademark registration process may take up to six months or a year after the application has been filed. Additionally, this time period may be extended in the event of objection or opposition.