Home / Trademark Registration

Updated on 26 Sep 2020  9.00 AM IST | 4 min read

Trademark Registration Online in India

A trademark is a visual symbol that can be a number, label, letter, word, name, logo, graphic, sound mark, color combination etc. used to differentiate products or services from the similar type of products or services manufactured by other organizations.

Trademark registration is a most important step to safeguard your logo or a trademark. It helps applicants in making their logo or trademark unique as well as avoids duplication too.

If you created a trademark and want to protect it from your competitors or companies doing similar businesses, you must apply for trademark registration online. In order to apply for new trademark registration, you need to send your application to the office of controller general of patent designs & trademarks, Ministry of Commerce and Industry, Government of India. If the trademark proposed by an applicant is identical to any existing registered trademark, it will not get approval from the concerned authorities for the registration. There are many other reasons for rejection of proposed trademark registration.

A proposed trademark can be rejected by the following reasons

  1. Offensive.
  2. General.
  3. Not unique.
  4. Unreliable etc.

Once a trademark registration is done, trademark certificate is provided to the applicant as a proof of trademark along with the trademark registration number. Trademark registration is valid for the period of 10 years. It is not necessary that applying for a trademark registration will make your trademark registered in the trademark register. It is suggested that you must take a help of a professional to maximize your chances of registration.

Documents Required For Trademark Registration

  • Individual & Sole proprietorship

    In the case of individual & Sole proprietorship, Indian nationals or foreign nationals both are eligible for trademark registration in India. It is not mandatory to form a legal entity or business entity for trademark registration.

    Documents Required For Trademark Registration In Case Of Sole Proprietor

    • Identification proof of the individual/Sole proprietor
    • Address proof of the individual/Sole proprietor
    • Signed form-48 (Form 48 is an applicant authorization to trademark attorney in order to file trademark application on his/her behalf)
    • Copy of the logo (Preferred in black & white but optional for the applicant). If the copy of logo is not provided, application for trademark can be filed for the word.
  • Partnership/LLP/Company

    There is a government fee for trademark registration which varies from Rs.4500 – Rs.9500 as per the business entity. In case of individual startups, sole proprietors and small enterprises, the applicable fee is Rs.4500 whereas in case of other entities, it is Rs.9500. You need to provide Udyog Aadhaar registration certificate in order to classify as small enterprise.

    Documents Required For Trademark Registration In Case Of Partnership/LLP/Company

    • Identification proof of the signatory
    • Address proof of the signatory
    • Copy of the logo (Preferred in black & white but optional for the applicant). If the copy of logo is not provided, application for trademark can be filed for the word.
    • Signed form-48 (Form 48 is an applicant authorization to trademark attorney in order to file trademark application on his/her behalf)
    • Certificate of incorporation/Partnership deed (In case of partnership firm)
  • Other applicants

    Companies not having Udyog Aadhaar registration certificate need to submit the following documents in order to obtain trademark registration in India.

    Documents Needed For Trademark Registration For Other Applicants

    • Identification proof of the signatory
    • Address proof of the signatory
    • Signed form-48
    • Copy of logo (Preferred in black & white but optional for the applicant). If the copy of logo is not provided application of trademark can be filed for the word.
    • Certificate of incorporation/partnership deed (In case of partnership firm)

Trademark Registration Process

The Step by step process of trademark registration are as follows –

  • Trademark search

    Choose a unique brand name for your company by conducting search online. Finacbooks not only assist you in choosing logo & brand name but also ensure that the name you have selected should not match with any of the existing registered logo or brand name. In case logo or brand name you have selected is already registered by someone else, Finacbooks helps you in logo or brand name modification, assist you in choosing the right name and protect your application from cancellation.

  • Choosing the right class

    As per the trademark registry, goods & services are divided into 45 different classes. You need to choose the right class before applying for trademark registration. Finacbooks helps you in registering the logo or brand name under the appropriate class. For ex – In case you are having a plan of launching a new toy brand in the market, you need to apply under class 28. Class 28 belongs to products & services related to games, toys & sports.

  • Application preparation

    When you are satisfied that your brand name or logo is unique & not similar to any other registered brand name or logo, you can go forward with trademark registration. You need to submit the following supporting documents along with the trademark application -

    • Registration proof of the business
    • ID Proof & address proof of company’s directors
    • ID proof, PAN card, Aadhaar card of the proprietor (In case of sole proprietorship)
    • Soft copy of the trademark
    • Power of attorney signed by the applicant
    • Proof of claim of the proposed mark.
  • Examining of Trademark application

    Once you will dispatch the application, it will be checked by the registrar to identify whether you are compliant with all the terms & conditions of the existing trademark law or not. Registrar also checks the application on the basis of conflict or dispute with any of the existing brand for trademark registration. FinacBooks suggest you to choose a unique logo or a brand name for your company.

  • Brand publication in Indian trademark journals

    After examining the trademark application, brand name is published by registrar in the Indian trademark journal. If anybody does not oppose the brand name application within 3 months, the brand name is accepted and the registration is provided to the applicant.

  • Issuance of trademark registration certificate

    If nobody opposes the filed application within the time period of 90 days, the trademark application will be accepted by the registrar & the trademark registration certificate is issued to the applicant along with the trademark registry seal. You can immediately use the registered trademark symbol after the brand name or symbol registration.

Who can all apply for a Trademark?

Any individual, sole proprietor, company or a legal entity claiming to be the trademark owner can apply for the trademark registration. In order to register trademark, application can be made by individuals, private firms, NGO’s & companies including public limited company, private limited company, partnership firm, LLP, OPC etc. You can file your trademark application to the front office counter of the nearby trademark office or it can be sent by post but the easiest way to apply for trademark registration is through e-filing process with the help of Finacbooks. The validity of trademark registration is 10 years.

What Can Be Trademarked?

There are different types of trademarks that are eligible for registration in India –

  1. Any name including applicant’s name, surname, signature. It can be adopted as a mark in case it is not unusual for trade.
  2. Letters or numerals or alphanumeric or any combination of letters thereof.
  3. Sound marks in audio format
  4. Any invented word or word in an arbitrary dictionary which not directly describe the character or quality of the goods or services.
  5. Monograms
  6. Goods shape or their packaging
  7. Marks constituting 3 dimensional sign
  8. Devices including fancy devices or symbols
  9. Single color with combination of word or device or combination of color.

Trademark symbols and their usages

  1. R symbol – When you submit your trademark application for registration, R symbol is assigned to your trademark which gives you trademark protection so that nobody can copy it.
  2. TM symbol – TM symbol is used for unregistered trademarks. TM denotes trademark or mark that represents goods. It protects your logo, symbol or name. In case your application gets rejected, you will not be provided copyright protection and anybody else can use the proposed logo, symbol or name.
  3. SM Symbol – SM symbol is used for service industry. This symbol is applicable on classes between 35 to 45.
  4. C Symbol – C symbol is used for content registration. In this case, only those contents will get registered that are not having any copyright issue.

Benefits of Trademark Registration in India

The benefits of trademark registration are as follows –

  1. Serves as business opportunity – A product or a service sold under registered trademark has maximum chances of selling and ensures quality & safety. It makes your identity unique in the eyes of customers in comparison to other competitors.
  2. Unique identity – A product or service recognized only on the basis of its brand name. Due to its uniqueness, nobody can copy that trademark and hence it remains a company’s unique asset.
  3. Legal protection – The owner of registered trademark has the right to sue anybody in case of infringement. In case you are having a doubt that your trademark is copied by anyone, you hold the legal right to sue that person.
  4. Global reach – A trademark registered & filed in India is permitted for filing in other countries as well. However, foreigners can also file and register their trademarks in India.
  5. Exclusive rights – Trademark registration provides exclusive rights to the owner of the registered trademark. The same registered trademark can be applied for all the products falls under the category of same classes by the trademark owner. However, trademark owner also contain exclusive right to stop any kind of trademark violation.
  6. Applying of registered symbol – After filing the trademark, the owner of the proposed trademark can use the registered symbol (®). This symbol indicates that this trademark is already registered and nobody can use this further for registration.
  7. Promotes goods & services – Brand registration helps trademark owner in building their brand image and promote their goods & services.
  8. Increase in sales – Customers identify the product or a service with its brand name which helps businesses in acquiring more & more customers and further results in increased sales.

Important things to know about the Online Trademark Registration

There are few other concepts which we must know in order to properly understand the concept of trademark registration –

  1. Trademark objection – Trademark objection is a way of opposing the trademark application of other person because of duplication or similarity to the existing registered trademark. If your trademark application during the registration process shows your application status as “Objected”, it means that authority has received one or more objection on your trademark application. It can be due to duplication or similarity to existing trademark or use of offensive language or any other reasons. If objection rises, you need to provide supporting documents in favour of your application to overcome the objection.
  2. Trademark renewal – Trademark renewal is a process of renewing the registered trademark before its expiry date. The validity of trademark registration is 10 years. The renewal application form must be submitted by the applicant before the expiry date of the trademark to ensure continuous trademark protection without any chance of litigation.
  3. Validity of registered trademark – The validity of a registered trademark is 10 years. TM-12 form is used for filing trademark renewal application. In case you are filing the renewal application 6 months or 1 year after the expiry date, you need to file TM-13 form to renew your trademark application.
Trademark Registration

What Is Included In Our Package?

Eligibility Consultation

Document Preparation

Application Drafting

Government Fees

Trademark Registration FAQ’S

The registry of the trademark has organized services and goods under forty-five classes. Your application need to mention the classes/class of the services/goods. Under those classes trademark can be registered.
A trademark can be valid for a period of around ten years. After that you can renew the trademark.
After your trademark application is registered, the TM number is issued by the department of trademark within one or two days after application submission.
The copyright offers you the assurance of providing safety for your distinct content like software, songs, videos, music and books etc. A trademark is a type of intellectual property, and it is issued to a logo or word.
If you are an individual then you require to display proof of identity for registration of trademark in India. If you are a company, then you require to display the documents related to the incorporation of the company.
No, the registered trademark is not valid around the world.
Yes, domain or registration of company will not protect the identity of your brand. To protect the identity of your company, you require to register your trademark.

How FinacBooks Can Help in Trademark Registration?

FinacBooks is one the leading accounting & financial company in India. Our team helps you in easily submitting your Trademark Registration online without any delay. We always take care of the tax deadline and submit the correct client information to the tax authorities as soon as possible. FinacBooks team is having more than 10 years of experience in Trademark Registration and provides the best services to everyone including our valuable clients. kindly call us at 8800221252 or you can also e-mail us at info@finacbooks.com

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