Are you an entrepreneur or business owner seeking to safeguard your brand in India? Consider trademark registration. With intellectual property gaining importance, protecting your brand is essential to prevent unauthorised use. Our trademark registration services in India are simple and cost-effective, ensuring long-term brand protection. Contact us today for more information and to begin the process.
A trademark is a visual symbol, typically representing a brand name. It can include words, symbols, taglines, or devices used to differentiate goods or services and indicate their source.
Trademarks are categorised based on the goods or services they cover, with 45 distinct classes. Classes 1 to 34 pertain to product-related marks, while classes 35 to 45 are for service-related marks.
When properly utilised and promoted, a registered trademark becomes an invaluable asset or intellectual property for a business, safeguarding the company’s reputation in its brand. Obtaining trademark registration under the Trademarks Act is crucial to secure legal rights and protection for the business name or trade name. Registration of a business name or company under the Companies Act does not offer protection against others using identical or similar marks for commercial purposes.
A trademark registration remains valid for 10 years, and renewal applications must be submitted six months before expiry.
The TM symbol indicates trademark ownership, signalling to the public that the company claims exclusive rights to the trademark. It is typically used by trademark applicants.
The ® symbol is employed only after receiving the registration certificate and can be used solely for the goods/services covered by the trademark registration. The registration process for both trademarks and service marks follows the same procedure.
Apply for sole ownership of a logo, name, slogan, or symbol that represents your product or business.
Inform us if you already possess a registered Trademark and wish to extend its validity.
What Are The Various Types Of Trademark?
Acronyms | Brand | Celebrity Mark | Character |
Character Merchandising | Colour | Composite Name | Device Mark |
Domain Name | Gesture And Motion | Heading | Hologram |
Hybrid Mark | Label | Letters | Logo |
Logo-Composite Mark | Name | Numerals | Packaging |
Pharmaceutical Mark | Portrait | Shape Of Goods | Slogan |
Smell Mark | Sound Mark | Taste Mark | Three Dimension |
Ticket | Trade Name | Well Known Mark | Word |
The company name is identified as (business name private limited).
Upon obtaining incorporation certificate, it acquires your business a proper legal company status and grants you the rights of undertaking business in India and globally. This type of business entity provides the best protection of personal assets as the founders, directors, and stockholders; they are not liable for the company’s debts and obligations. This private limited company formation is recommended for tech business, consultancy business, startups, small and medium enterprises.
The Trademark application can be filed with the aforementioned categories:
To monitor the status and advancement of a trademark application, you receive an “acknowledgment slip” with the application number. Typically, obtaining a trademark registration certificate takes around six months.
A trademark registration in India remains valid for ten years from the application date and can be renewed indefinitely for consecutive ten-year periods. It’s important to note that late fees will be applicable if a trademark renewal application is submitted after the expiry date but within six months of it.
Yes, it’s possible to register a trademark prior to commencing business activities. You have the option to register it either under your name as an individual proprietor or under the name of a newly formed company.
No, the scope of a trademark is limited to specific territories. For instance, if you register a trademark in India, its protection extends only within the borders of India. Additionally, you must file separate trademark applications in each country where you plan to offer your products or services. Alternatively, you can opt for international trademark registration through the Madrid Protocol, covering approximately 119 member countries. However, eligibility for international registration necessitates possession of a valid trademark certificate from your home country.
Trademark registration, brand registration, and logo registration refer to identical processes. Additionally, you can safeguard the original artwork or design of your logo by registering it under copyright protection.
The Nice Classification (NCL) is an internationally recognized system for categorising goods and services during the Trademark registration process. Comprising 45 classes, it covers products (Classes 1-34) and services (Classes 35-45). Trademark applicants can select one or more classes based on their industry and intended use.
A trademark is any symbol, design, logo, word, or phrase that sets apart and identifies the origin of goods or services from one entity compared to others. Essentially, it serves as a distinct marker aiding consumers in identifying and linking products or services to a specific company.
The process of registering a trademark in India typically spans between 6 to 7 months, influenced by factors such as the intricacies of the application and the workload of the Trademark Registrar.
The government charges for trademark registrations in India differ depending on the applicant’s type. For individuals, the government fee stands at INR 4,500 per application, while for companies, it amounts to INR 9,000 per application. This fee is applicable for single-class registration, with an increase in fee for registration in multiple classes.
An unregistered trademark refers to one that hasn’t been officially registered with the Trademark Registry but still holds some protection under common law. However, a registered trademark offers enhanced legal safeguards and exclusive usage rights for the products or services specified in the registration.
Yes, it’s possible to transfer or assign a trademark in India.
Yes, you have the option to submit a Trademark application for multiple classes of goods or services, though separate fees are required for each class.
The symbol (R) is exclusively reserved for Trademarks that have been officially registered with the Indian Trademark Registry, meaning it cannot be used with unregistered marks.
A Trademark serves as a means to differentiate the products or services of one entity from those of others, whereas a copyright safeguards original creations such as literary, artistic, or musical works, providing legal protection for their creators.
Yes, the ownership of a registered Trademark can be conveyed through a formal agreement known as a Trademark assignment.
Reasons for the rejection of Trademark registration include the mark’s resemblance being similar or identical to the existing one. Its descriptive nature might mislead the public, which is against morality or law and can also create confusion among the public.