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Trademark Registration
Trademark search and application filing under one class.
INR 6988 All Inclusive
Individual & MSME
Government Charges
Trademark Application
Single Trademark Class
Individuals and Micro, Small & Medium Enterprises
Trademark Registration
The process of legally registering a trademark, which helps businesses establish their brand identity in the market. By filing for a trademark, companies gain exclusive rights to use their unique logos, names, or symbols, ensuring protection against unauthorized use and enhancing brand recognition. This process safeguards intellectual property and builds consumer trust by clearly differentiating the brand from competitors.
Reasons to Protect Your Brand with a Trademark
Exclusive Rights: Trademark registration grants the owner exclusive rights to use the mark for goods and services, preventing others from using similar branding.
Brand Protection: It helps safeguard your brand from infringement and imitation by competitors, protecting your reputation and customer trust.
Legal Recourse: A registered trademark provides legal backing to take action against unauthorized use or brand dilution.
Asset Creation: Your trademark becomes an intangible asset that can increase in value over time, potentially being sold or licensed.
Consumer Trust: Trademarks help build brand recognition and loyalty, as customers associate your mark with consistent quality and service.
Market Expansion: Having a registered trademark simplifies the process of expanding your business into new regions or international markets.
Competitive Advantage: A trademark sets your business apart from competitors, enhancing brand visibility and ensuring long-term brand success.
Eligibility for Trademark Registration
Individuals: Any person, whether engaged in business or not, can apply for a trademark to protect a unique mark they plan to use.
Proprietorship Firms: Sole proprietors can apply for trademarks in their own name, but the business name should be specified.
Partnership Firms: Partnership firms must include all partners' names in the application. If the partnership consists of more than 10 partners, only the name of the managing partner should be mentioned.
LLP and Companies: Limited Liability Partnerships (LLP) or companies, whether private or public, can apply in their registered name.
Non-Profit Organizations: Trusts, societies, or NGOs are eligible to apply for trademark registration to protect their logo or name.
Foreign Applicants: Individuals or entities outside India can also apply for trademarks in India under international treaties like the Madrid Protocol.
Joint Owners: If two or more people jointly own a trademark, they can apply as joint owners.
Different Categories of Trademark Registrations in India
Product Marks: Used to identify and protect goods or products manufactured or sold by a business, distinguishing them from competitors.
Service Marks: These marks are used for services rather than products, helping service providers differentiate their offerings (e.g., hospitality, banking).
Collective Marks: Owned by an association or group, these marks are used by members to signify their association with a larger organization (e.g., trade unions or cooperatives).
Certification Marks: These marks certify that a product or service meets certain Different Categories of Trademark Registrations in India
Product Marks: Used to identify and protect goods or products manufactured or sold by a business, distinguishing them from competitors.
Service Marks: These marks are used for services rather than products, helping service providers differentiate their offerings (e.g., hospitality, banking).
Collective Marks: Owned by an association or group, these marks are used by members to signify their association with a larger organization (e.g., trade unions or cooperatives).
Certification Marks: These marks certify that a product or service meets certain standards, such as quality, origin, or accuracy (e.g., ISI for industrial products).
Shape Marks: Protects the unique shape or packaging of a product that distinguishes it from others (e.g., the shape of a Coca-Cola bottle).
Pattern Marks: These protect patterns that identify and distinguish products or services from others.
Sound Marks: Sound marks are used to protect a distinct sound associated with a brand (e.g., the Nokia ringtone).
Word Marks: Protects a specific word, brand name, or a group of words that represents a business, product, or service.
Required Documents for Trademark Registration
1. Trademark Application Form
Form TM-A: This is the application form for trademark registration in India. It includes details about the applicant, trademark, and class under which the application is being filed.
2. Details of the Applicant
Individual or Business Entity:
If the applicant is an individual, their name, nationality, and address are required.
For companies, the name of the company, its registered address, and business type (e.g., private limited, LLP, partnership, etc.) must be provided.
Identity Proof: A copy of the identity proof (PAN card, Aadhar card, Passport) of the individual or the authorized signatory of the company.
Address Proof: For both individuals and businesses, proof of the registered address (such as utility bills or official business registration certificate) may be required.
3. Trademark or Logo
Trademark Sample: A representation of the trademark or logo, typically in JPEG format. If the trademark includes only text (wordmark), no image file is needed.
Description of the Mark: If the trademark is a logo or a unique design, a brief description of its elements may be required.
4. Proof of Claiming Prior Use (if applicable)
If the trademark is already in use, you must submit evidence of its prior use. This can include:
Invoices, advertising materials, brochures, or other marketing material displaying the trademark.
Proof of sales or business transactions under the trademark.
5. Power of Attorney (Form TM-48)
If the trademark application is being filed by an attorney or trademark agent on behalf of the applicant, a Power of Attorney (PoA), also known as Form TM-48, must be submitted. This authorizes the agent to act on behalf of the applicant in all matters related to the trademark registration process.
6. Proof of Business Registration (if applicable)
For companies or partnership firms, a Certificate of Incorporation or Partnership Deed may be required to establish the legal existence of the business entity.
GST Registration Certificate may also be required for certain businesses.
7. User Affidavit (if applicable)
If you claim that the trademark has been in use before the application, a user affidavit may be needed. This document declares the date from which the trademark has been used, along with supporting evidence like sales records or promotional materials.
8. MSME or Startup Certificate (if applicable)
If the applicant is a registered MSME (Micro, Small, Medium Enterprise) or a recognized startup under the government of India, they can submit the certificate to avail lower trademark filing fees.
This can significantly reduce the cost of trademark registration.
9. Class of Goods or Services
Trademark applications must specify the class of goods or services under which the mark is being registered, according to the Nice Classification. Ensure you select the appropriate class(es) to cover your business scope.
10. Translation (if applicable)
If the trademark or any part of the application is in a language other than English or Hindi, a certified translation may be required.
11. Digital Signature Certificate (DSC)
If the application is filed online, the applicant or the attorney filing the application must have a valid Digital Signature Certificate (DSC) for electronic submission.
Additional Considerations
Government Fees: Ensure that the appropriate government fees are paid depending on the type of applicant (individual, MSME, company, etc.) and the number of classes the application covers.
Foreign Applicants: If the applicant is a foreign entity, documents like passport or business registration documents from the applicant's home country must be provided, along with an appointed trademark agent in India to represent the application.
How Corporate Shastra Can Assist You with Trademark Registration
Online trademark registration in India can be intricate, involving numerous steps and government procedures. At Corporate Shastra, we simplify this process. Here's a breakdown of how we can assist you:
Trademark Search
Kindly initiate the procedure by furnishing us with necessary details regarding your preferred trademark and industry. Our specialists will conduct a comprehensive search in the trademark database to ascertain its availability. Upon finding an eligible brand, we proceed to the subsequent phase.
Class Selection and Document Collection
Our professional experts will guide you in selecting the appropriate class or classes that comprehensively cover all aspects of your business. Concurrently, you can begin uploading the documents required for the online trademark registration.
Trademark Application Filing
After receiving your documents, our skilled team will check them for accuracy and completeness. Subsequently, we will fill out the trademark application form on your behalf, making sure that all necessary documents are correctly submitted. We will keep you informed and maintain transparency throughout this process, monitoring notifications from the Trademark Registry until the registration of the trademark or brand name is finalized.
Congratulations! You can begin using the ™ symbol once the application has been submitted.
Trademark Objection (if applicable)
If the trademark examiner raises concerns about your application, you might receive a notice of trademark objection. Our experts are available to assist you in preparing a strong response and submitting the required documentation and evidence.
We will keep you updated on the progress of your application and guide you through any oppositions or hearings. Following a successful registration, Corporate Shastra can provide assistance with trademark renewal, trademark assignment, licensing, and other post-registration services that you may need.
Ready to protect your brand and secure your trademark in India? Take the first step in safeguarding your business identity by obtaining Trademark Registration or logo trademark registration through Corporate Shastra. With Corporate Shastra's brand registration services, you can trust that your brand is in capable hands. Don't wait any longer to ensure the validity and exclusivity of your trademark. Start with Corporate Shastra today and protect your valuable intellectual property rights.
Explore conversion of Trademark Registration in India
What is a trademark?
A trademark is a distinctive marker that distinguishes products or services from competitors. It can include symbols, designs, expressions, or identifiable features associated with a specific brand.