Trademark Registration Online

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About Trademark Registration

A trademark is a word, symbol, phrase, or any combination of these elements used by a business or person to identify and distinguish their respective products or services. This serves as a source indicator, serving as a marketplace to indicate and guarantee the quality of the product or service with which it is registered. Such means are employed in preventing other persons from infringing on their brand and thus, allow businesses to build a good market image with a distinct name. 

With the government approval of trademarks via registration, the exclusive rights to use it in certain industries and/or geographical areas belong to the registered owner. If someone uses a protected trademark without authorization, this is called infringement. This type of trademark can be renewed based on the activities of the business because they are considered susceptible to business use. Therefore, a business can obtain considerable advantages from collecting them.

What Are Most Commonly Registered Trademarks in India?

Here we are taking our brand “eDrafter” as a sample representation of each TM type

Brand Name

Brand Name Trademark

By registering your business name as a Trademark to secure the brand identity, you can protect it from any unauthorized usage.

Brand Name + Logo

Brand name + Logo Trademark

For comprehensive protection of your  business's visual and textual identity, you can combine your business name and logo into a single Trademark.

Logo

Logo Trademark

To protect brand's visual representation, you can register brand's logo, icon, symbol, design, etc. as a Trademark.

Slogan/Tagline

Slogan/Tagline Trademark

Registering a unique slogan or Tagline as a Trademark ensure the protection and distinguish your brand in the compatitive market.

Importance of Trademark Registration in India

Importance of Trademark Registration
  • Protection in Law: TMT Members have a strong inclination not to allow illegal use of any of their images. A registered mark provides the owner exclusive rights to use it and protection against unauthorized persons. 
  • Identity in the Market: It convinces the consumers that there is something unique about the TMT Member’s products as opposed to those belonging to other competitors. 
  • Legal Action against Misuse: A registered trademark contains legal rights which are useful in stopping any individual who has violated the mark from creating misunderstanding and misuse. 
  • Consumer Loyalty: A registered trademark increases the trust of the consumers to be loyal to the brand increasing sales and customer retention. 
  • Revenue Generating Object: A trademark may add value to a business in its non-physical forms and it may also be franchised or sold. 
  • Wide Use TMT Members reputation: This includes restrictions across all states in a country. 
  • Foster Development: Enforced Trademark registration creates a specific market. 
  • Brand Image: Therefore registration is essential first as it increases the reliability of the TMT Member. 
  • Efficient Methods: Enforcement of registration provides a basis on the level of registration to protect other confusing ones.
  • Seizing the Benefits of a Registered Trademark: A trademark registration can be viewed as an asset in business combinations and sometimes as a financial insurance in merger transactions.

Types of Trademark

Product mark

Product Mark

A Product Mark can also be referred to as a trademark that is used to show the ownership of goods and allows differentiation from the goods of other sellers or providers.

service mark

Service Mark

This applies to services like banking, education, or entertainment. Service Mark is a term added for Service Trade Mark that is applied for services, instead of physical products.

certification mark

Certification Mark

A trademark or a mark which distinguishes goods or services is a Certification Mark. It is used to endorse the quality, origin, or way of producing a product, for example “organic”, “fair trade”, etc.

Image

Collective Mark

A Collective Mark serves the members of a collective organization or society to show membership and mark products and services provided by the members as opposed to the non-members. 

Image

Sound Mark

A Sound Mark defines a specific meaning or context with regard to a sound and distinguishes the goods or services in question. Such may be jingles, music or any sound effects.

shape mark

Shape Mark

A Shape Mark serves to protect the outlines or the pattern of any product made and its containers distinctively. It applies whenever the configuration of the product or the shape makes it recognizable by consumers.

pattern mark

Pattern Mark

A Pattern Mark contains any part of a design, a motif or a texture that has a general and repetitive application which can form a distinctive feature of a product or packing. 

word mark

Word Mark

A Word Mark consists of a combination of words which are not endorsed or paired with any design or emblem, thus making it possible to have trademarks as solely words, letters or numbers.

Register Your Trademark Now

Trademark Symbol

TM Trademark Symbol

Trademarks TM is an abbreviation of the phrase trademark and it’s applied to mark someone is pursuing the title of trademark irrespective of it being registered with the relevant trademark authority or not.

R Trademark Symbol

The R symbol is used to signify that the trademark has been registered with the relevant authority like the US patent and the trademark office. This symbol offers protection to the owner in legal terms giving them exclusive rights to that particular mark.

SM Trademark Symbol

The letters S and M refer to ‘Service Mark’ which is used in a situation where a mark is claimed in relation to services in a business. Similar to the letters T and M, S and M are also used for marks that may not have been registered.

Documents Required for Trademark Registration

The documents which are required for trademark registration in India are:

  • Trademark application form (TM-A)
  • Identity proof and address proof of the applicant (e.g., Aadhar card, passport, pan card or etc)
  • Logo or brand name in a prescribed format
  • Description of goods/services
  • Power of Attorney (if filed through an agent).
Documents Required for Trademark Registration

Process of Trademark Registration in India

Process of Trademark Registration in India
  • Trademark Search: The procedure for registration of Trademark starts with going to the Indian Trademark Registry’s database to ascertain whether a trademark identical or similar to his /her is already registered there.
  • Application Filing: The trademark application may be made either electronically or manually to the Indian Trademark Office. The application shall include the trademark, the applicant's particulars and other relevant goods and / or services to which the trademark will be applied.
  • Examination: The application filed will undergo evaluation at the Trademark Office in order to ascertain if it conforms to the legal requirements. Any objections should be lodged within this period or any other time frame that is provided to the applicant.
  • Response to Objections: An applicant who is dissatisfied with the decision can seek relief from the tribunal by seeking to appeal within the prescribed timelines, usually 30 days, and by providing facts to clarify or resolve the point of opposition.
  • Publication in Trademark Journal: Once all the objections have been responded to, the application will be made before the Trademark Registry. Once no third party offers an opposition, the mark will then be made available for full registration.
  • Opposition Period: No third party offers opposition within the period allocated for them, which is 4 months after the application for the respective mark is made.
  • Registration Certificate: Should the applied trademark not be opposed, a trademark registration certificate will be awarded to the applicant for the trademark giving him legal ownership and exclusive rights.

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    Register Trademark starts from Rs. 1599*

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    Knowledgebase

    No, trademark registration is not without cost. There are trademark application fees, which vary from one jurisdiction to the other and from one trademark type to the other. Such expenses may furthermore vary according to the number of goods or services classes stated in the application.
    Yes, you can register a trademark yourself. Please note that many countries allow individuals to proceed to file applications directly with the relevant trademark offices such as the USPTO or the EUIPO. Still, the procedure is a bit difficult and the legal process in any country may assist to avoid mistakes.
    A Trademark Registration Certificate is a proprietary right grunted and protected by law supervised by a registered trademark office. Only the owner on the register is allowed to use the trademark for the provided services or good and provide legal protection to the trademark owners against any kind of unauthorised use.
    Trademark Registration in India, in general, is expected to take not less than 18 months or more than 24 months. This procedure consists of the stages of filing, examination, and publishing in the trademark journal and other sources and a four-month opposition period. Where no opposition or objections arise, the mark is then registered. However, odium may feature due to the presence of objections and other legal disputes.
    Copyrights are generally the exclusive legal rights rather than simple ideas on such original works of authorship, including literary, musical and artistic works. Trademark is recognized as protection for unique signs, logos, words or any specific design that embodies or identifies goods and services, the same features in the particular market. Nevertheless, copyright protection is concerned with the author’s creativity, whereas trademark protection provides consumers with reassurance about the source of goods and services, thus preventing market confusion.
    Class suggests a category of goods or services for which the trademark has been registered. The classification system ensures that trademarks are searched and registered within the appropriate industry and prevents overlap of an industry designed trademark with unrelated industries.
    One can find information in the official trademark databases of the respective trademark offices, such as the Indian Trademark Office or the USPTO that allow for searches by trademark name, trademark business owner or by trademark registration number, where applicable.
    Trademark registration services in India are subject to GST. It can be noted that services provided by professionals such as trademark agents or lawyers in filing and processing applications comes within the banking fee of 18% GST in India. Most importantly this applies for both individual & business trademark registration services.
    The logo must be submitted in an appropriate format like JPG, PNG or any other suitable format during a trademark application. We recommend sizes ranging from three cm by three cm and not greater than 10 cm by 10 cm. It should be legible and suitable for reproduction.

    Trademark Registration in India can be renewed after 10 years of its registration. If a trademark is being used, the registration can be renewed for another ten years for as many times as possible provided the requisite renewal fees are paid.