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Trademark Registration

TM FILING

COMPANY

Rs 12,999

Per Class

Trademark Search
Trademark Filing
Trademark Update

TM FILING

INDIVIDUALS

Rs 6,499

Per Class

Trademark Search
Trademark Filing
Trademark Update

TM FILING

MSME

Rs 6,499

Per Class

Trademark Search
Trademark Filing
Trademark Update

Trademark Registration Process

  • Research: Before applying for a trademark, it’s important to conduct a comprehensive search to ensure that your desired trademark isn’t already in use or too similar to existing trademarks.
  • Application: Submit an application to the appropriate trademark office in your jurisdiction. This application typically includes details about the trademark, its intended use, and the classes of goods or services it will represent.
  • Examination: The trademark office will examine your application to ensure it meets all legal requirements and doesn’t conflict with existing trademarks. This may involve a review of the trademark’s distinctiveness, similarity to other marks, and compliance with trademark laws.
  • Publication: If the trademark application is approved, it will be published in a trademark journal or gazette to allow for public opposition. During this period, third parties can oppose the registration if they believe it infringes on their existing rights.
  • Registration: Assuming there are no oppositions or objections, and all requirements are met, the trademark will be officially registered, granting the owner exclusive rights to use the mark in connection with the specified goods or services.
  • Distinctiveness: The trademark must be distinctive and not merely descriptive of the goods or services it represents.
  • Non-functional: The trademark should not be functional or necessary for the product or service. It should primarily serve as an identifier of the source.
  • Not confusingly similar: The trademark should not be confusingly similar to existing trademarks in the same class of goods or services.
  • Application details: Providing accurate details about the trademark, its intended use, and the classes of goods or services it will represent in the application.
  • Exclusive Rights: Trademark registration provides the owner with exclusive rights to use the mark in connection with the specified goods or services, preventing others from using a similar mark in a way that could cause confusion among consumers.
  • Legal Protection: Registered trademarks are protected by law, allowing the owner to take legal action against infringers and seek damages for unauthorized use of the mark.
  • Brand Recognition: A registered trademark enhances brand recognition and value, as it distinguishes your products or services from those of competitors and builds trust among consumers.
  • Global Protection: Trademark registration can provide protection not only in your home country but also in foreign markets through international treaties and agreements.
  • Asset Value: A registered trademark can be a valuable asset for your business, potentially increasing its market value and attracting investors or buyers.

Trademark Registration

Price Breakdown Documents Required Timelines

Documents Required for Trademark Filing

Only scanned copies of these documents are required
You can upload the documents online

ID Proof

Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)

Address Proof

Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months

PAN card

A soft copy of trademark to be registered

Certificate of registration

A soft copy of trademark to be registered

Board Resolution

Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)

Brand Name

Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months

Proof of TM Usage

A soft copy of trademark to be registered

Start-up Recognition

A soft copy of trademark to be registered

Documents Required for Trademark Filing

Only scanned copies of these documents are required
You can upload the documents online

Trademark Application Form

Details about the trademark and applicant.

Specimen of the Trademark

Sample showing trademark use.

Power of Attorney

If filing through an agent or attorney.

Proof of Trademark Use

Evidence if the trademark is already in commerce.

Government Fees

Payment for filing and processing.

Business Registration Documents

Proof of applicant's business registration.

Assignment Documents

If transferring ownership.

Consent Letters

If similar to existing trademarks or filed by an individual.

How do we Work?

Acknowledgement

A TM registration acknowledgement slip with payment details

Trademark Form

A stamped copy of form TM-A bearing application number

What do you get

100% Online process, Upload the documents online

Track Your Order

Order History

Order Placed

Documents Recieved

Trademark Filed

Acknowledgment Sent

Order Complete

Questions? Mail Us On +info@ashutrust.in

What can be Trademarked?

Product

A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category

Service

A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.

Shape

The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.

Pattern

The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.

Collective

Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.

Certification

Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader’s goods or services are certified as meeting particular standards.

Sound

Sound form of trademarks are the “mark” consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.

Colour

The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.

Word

A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.

Numbers

The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.

Device

A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.

Packaging

All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.

Why Choose IndiaTMR

Search Report

You get a thorough Search Report for your Brand

Online Procedure

Submit all your documents online

Fastest Filings

We file your Trademark within 24 Hours

Application Updates

We track your application and guide you for the complete process

Trademark Registration Process

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Trademark Guides

Trademark Guides

  • What can be Trademarked
  • What can be Trademarked
  • What can be Trademarked
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Trademark Guides

  • What can be Trademarked
  • What can be Trademarked
  • What can be Trademarked
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Trademark Guides

  • What can be Trademarked
  • What can be Trademarked
  • What can be Trademarked
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Trademark Guides

  • What can be Trademarked
  • What can be Trademarked
  • What can be Trademarked
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Trademark FAQs

India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.

TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is:

  • to clearly identify the goods and services covered by the mark
  • a guide for the trademark registration
  • to identify the potential future trademark infringes
  • to assist the trademark officer

Trademark symbol ‘TM‘ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.

Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.

It’s not mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the ipindia online portal or by visiting patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.

A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.

A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.

You can search the online trademark database to check the availability of the desired trademark. QuickCompany Search bar and ipindia are the most commonly used platform for free trademark search.

Who can obtain a trademark is depend on the applicant type:

  • In case of an individual, the application can be filed in his own name.
  • In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
  • In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
  • In case of a partnership, the name of all the partners is required to mention in the trademark application.
  • In case of LLP, the trademark application must be made in the LLP name.
  • In case of a company, the application must be made in the name of the company only.
  • Mark should be capable of being distinguishing the goods and services
  • If your trademark is a word, it should be easy to remember and pronounce
  • It should not be descriptive
  • Generic words cannot be used as a trademark

No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.

There are numerous advantages to registering the brand name:

  • A registered trademark provides greater protection
  • It deters others from using your trademark
  • Registering a trademark provides the trademark owner with greater remedies
  • Protecting your brand from infringement claims

All Trademark Services

Trademark
Objection

Rs 13,500/-

Govt Examiner objected to your Trademark Application

Trademark
Assignment

Rs 3,999/-

Govt Examiner objected to your Trademark Application

Trademark
Objection

Rs 3,999/-

Govt Examiner objected to your Trademark Application

Trademark
Objection

Rs 3,999/-

Govt Examiner objected to your Trademark Application

ThankYou

Thank you for reaching out to us! We greatly appreciate your inquiry. Our team will be in contact with you as soon as possible. If you have any urgent matters, please don’t hesitate to contact us directly. We look forward to assisting you further!