Trademark Registration

If you are the one who is worried about how to get trademark registration in India, then no need to worry about it. ELT Corporate is ready to help you and find you the simplest way to apply for the Trademark Registration in minimum time. Our experts will guide you to make your toughest task easier and work on your behalf. Once you connect with us then you do not need to worry about any services of registration in India.

What Is Trademark Registration? 

A Trademark is a unique sign, phrase, word, name of goods or signal that is used to differentiate products of one source from the other. It is a type of intellectual property right that provides exclusive usage rights to the owner. The Trademark Act 1999, governs trademarks & their rights. To avail of the benefits one must register the Trademark, by registering the owner gets legal protection from its competitors against unauthorized use.

Why Do You Need Trademark Registration? 

It is crucial to get your Trademark registered so that your competitors do not misuse the value of your brand name and goodwill.. Creating a brand requires a lot of resources, which can be easily taken advantage of by competitors. Customers often recognize a brand with its name or logo, for e.g. M of McDonald, the tick sign of Nike, and the bitten apple of the brand apple. The value of a product is associated with its brand. If it’s not protected anyone in the market can use it openly. Many rights are available to the owner against infringement of the trademark.

Who Requires Trademark Registration Services in India? 

Trademark registration services are necessary for businesses, entrepreneurs, startups, and individuals who wish to prevent unlawful use of their brands, logos, or slogans.

Documents Required For Trademark Registration 

One of the most complicated tasks for the application of trademark registration is paperwork. You have to collect and attach all the documents. So, to make this complex task simple. Go with the below-mentioned documents list for trademark Registration:-

  • Name and address of the applicant
  • Nature of business
  • Trademark/ Logo
  • Whether proposed to be used/ already in use;
  • Mail ID and Mobile Number;

MSME / Startup Registration Certificate (if any).

What are the Benefits of Obtaining a Trademark Registration? 

  • Exclusive rights to use  One of the important benefits of a trademark is the exclusivity of use. The owner enjoys the absolute right to use the registered trademark for all the products or services falling in that class.
  • Product quality assurance –  The product quality is linked by the customer with the brand of the product, which increases the brand value and attracts more customers. Popular brands are more demanding.
  • Symbol Ⓡ – Once the registration is granted, the owner of the trademark can use the symbol Ⓡ with the word/logo. It is a primary protection for the trademark and the customer can be assured of the originality of the product.
  • Customer trust – Customers prefer popular products or goods. Customers trust the quality and source of trademarked products or goods. Popular brand names attract customers and increase the brand value.

How To Apply For Trademark Registration? 

For making an application for registration, form TM-A needs to be filled out with the Registrar’s Office of Trade Mark. These are the few necessary steps listed below:

  • Choosing the Trademark and class search

Choosing a unique and uncommon name with a distinctive character is preferable. Followed by class search, trademarks class is determined according to the product description or services.

  • Trademark Search

To check whether the chosen mark is identical to an existing mark, a trademark search is conducted. It can be checked on the website of the Ministry of Commerce & Industry Department for Promotion of Industry and Internal Trade Controller General of Patents Design & Trade Marks under public search. You can do it yourself or get help from a legal practitioner, who can check it thoroughly as per the required class.

  • Filling Out Application

The last step in the application process is to file form TM-A with the Registrar’s Office of Trade Mark: different applications are required to be filled for different classes. While filling out the application special care should be taken to avoid mistakes, as it can attract a reply from the registrar for fixing the details and can delay the registration process. If you are applying for a logo, then a JPG file of the logo of the size 8 by 8 cm needs to be uploaded.

What Is The Validity Of Trademark Certificate? 

The validity of the certificate is 10 years: after expiry renewal can be filled for another 10 years. Trademark registration helps to save the brand name cost-effectively for 10 years.

What Is The Timeline of Trademark Registration? 

Trademark registration process takes around 12-18 months if no opposition is faced.

  1. Apply to the trademark registry.
  2. Respond to any query raised by the examiner, within 30 days.
  3. Registration of application.
  4. Keeping the application in the public domain for approx 4-5 months.
  5. If opposed, counter statement to be filled within 2 months.
  6. If there is opposition or objection and the registrar is satisfied with the reply, mark will get registered.
  7. If there is no objection or opposition marks get registered.

How Much Does It Cost to Register a Trademark? 

The government fee for the application is covered under 2 cost brackets:

  • Rs. 4500 if the applicant is an individual, Start-up or MSME.
  • Rs. 9000, for other applicants

How To Check Trademark Registration Status? 

The status of the Trademark application can be checked on the website of Intellectual Property India (ipindiaonline.gov.in) By entering the application number generated at the time of filling TM-A, the status can be verified.

Is it free to register a trademark? 

While trademark searches are free of charge, there are various expenses associated with the registration procedure at different phases.

  • Govt. fees for application as mentioned above
  • Govt. fees for replying to examination report- NIL
  • Govt. fees for amendment of application, if required- INR 900
  • Govt. fees for filing an opposition or counter statement- INR 2700

What are the types of trademarks? 

There are different types of trademarks like service marks, collective marks, certification marks, combined marks etc.

  1. Word Mark- Word marks are marks that consist of just numerals, letters, words etc. The words do not need to be meaningful. . Also, a word can be used singly or in combination of other words.
  2. Service Mark
  3. Collective mark
  4. Combined mark
  5. Certificate mark
  6. Well-known mark

Is it compulsory to register a trademark? 

No, it’s not compulsory to register your trademark. However, it is highly recommended to seek robust and concrete protection for your brand name by registration. The exclusive rights can only be enjoyed on registered Trademark. Legal protection and enforcement can be enjoyed if the trademark is registered.  Registration offers a myriad of benefits to the business, making it a crucial choice.

What is the difference between TM (™) and R (®) symbols? 

Both these symbols are used to identify the trademark: the main difference is that ® signifies registered trademark and, ™ signifies ownership of an unregistered trademark. ® symbol can only be used when registration certificate is issued by the Trademark department i.e. when the trademark is registered.

What is the limitation period for trademarks? Can a trademark be renewed? 

Once registered Trademark can be used for 10 years. Validity is restricted to a period of 10 years, which can be renewed for another period of 10 years on payment of required fees and if other requirements are met. Renewal of a trademark can be indefinitely done, which means as long as one does, the exclusive rights can be enjoyed in continuity.

What are the eligibility criteria for a trademark registration? 

Below are the few eligibility requirements for trademark registration:

  1. In use/ or proposed to be used – The applied trademark should be in use or the applicant should have bona-fide intention of using the mark in commerce, for the mentioned class.
  2. Distinctiveness  To be able to serve its primary purpose of confirming the source of goods, the Trademark should be distinct. It should be nongeneric and not descriptive of product or service.
  3. Not be confusing with similar marks – The trademark applied should not be confusing with the other existing registered trademark.
  4. Should not be a prohibited mark – It should not be a prohibited mark that is deceptive, similar or immoral.

What is the difference between copyright and trademark? 

Registration of Copyright is a process through which the creator of an original work can secure official and legal recognition for their literary, artistic, and musical creation. An author, composer, artist, photographer, or producer i.e. the owner of the original work can apply for registration.

A Trademark is a unique sign, phrase, word, name of goods, or signal that is used to differentiate products of one source from the other. Trademark registration protects the goodwill of the firm associated with the brand.  Trademark registration protects the words, logos or visual symbols of the business. Individuals or businesses can apply for Trademark registration.

How will ELT Corporate Help You Get Trademark Registration 

ELT Corporate a one of the leading companies that provide multiple legal services that you require to start your business. With the help of our experts, you can simply understand the legal terms and requirements that are necessary to understand to start your business. Doesnt matter whether you are an individual or a company our experts are ready to assist you and solve all your issues in the meantime.

 Frequently Asked Questions

 What Is The Strongest Type Of Trademark?

Fanciful Mark is one of the strongest type of trademark.

 Which trademark Cannot be registered in India? 

Generic Term is explicity prohibited from trademark registration.