Apply Trademark Registration Online

Assured TM application online and hassle-free within 24 hours. Follow-up and frequent updates to ensure process transparency. Submit your TM at 1999 plus taxes.

Documents required for Applicant

  • Pan Card Copy (Mandatory)
  • ID Proof (Any one) – Driving License/ Voter ID/ Passport Copy/ Aadhaar Card
  • Passport Size Photograph
  • Mobile No. & Email-ID

For Trademark

  • Word if Wordmark required
  • Logo if any
  • Details of product or service.

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Trademark Registration (Brand name/Logo Registration)

An Overview- Trademark Registration Online in India

Trademark registration in India lets the applicant to use symbols or words to represent a business or its products in order to distinguish their goods or services from those of their competitors. Once the trademark is registered in India, no other organisation is permitted to use it for as long as it remains in use.

Once a brand has been registered as a trademark, the "TM" symbol may be used with the trademark application. To protect the company's brand identity, trademark registration is a valuable asset; therefore, trademark registration in India is essential. As the registration of a trademark requires the completion of multiple steps and continual government monitoring, it is typically better to do so under the guidance of a professional.

Throughout India, Knap Advisory has supported numerous applicants in registering their trademarks. By utilising a team of competent experts and Chartered Accountants, we guarantee complete customer satisfaction and quick service delivery.

Types of Trademark

Different Types of Trademark Registration

In India, there are various types of trademark registration. They are the

Words and trademarks

Where "marks" refers to any symbol used to identify the goods and services of a business or service provider. While service marks identify the type of services a business offers.

Shape marks

Shape marks - The product's look can help differentiate it from rival items.

Signs and symbols

Logos and symbols are the written figure/design or character, as well as the painted design or figures, that symbolise a business, service, or product.

Collective marks

The phrase "Collective Mark" is used when markings are connected with a group of individuals or services collectively. Although the organization owns the trademark, several persons may use it.

Series Marks

These are trademarks that have been registered for use before or after a series of products that have a common suffix, prefix, or symbol.

The certification mark

This symbol shows that the company adheres to the requirements and quality of the product. This would inform the public that the product of a certain company has met the criteria of the certifying organisation.

Benefit

Advantages of Indian Trademark Registration

Legal protections:

Trademarks are recognized as intellectual property and can be protected against infringement following registration. In addition, trademark registration grants the exclusive right to use the mark in relation to the "Class" of goods and services that the mark represents.

Product differentiation:

Trademark registrations are exclusive to the goods or services they represent. A trademark allows you to distinguish your goods from those of your rivals.

Identify your brand:

Customers associate the performance, quality, and features of a product with its manufacturer. They frequently recognise the product by its registered trademark logo.

Asset Creation

A trademark is regarded as an intangible asset for accounting and income tax reasons. Trademarks are protected forms of intellectual property that carry monetary value for the goods they represent.

Trademark Registration Procedure in India

The trademark registry is responsible for trademark registration. Here are a few procedures for registering a brand name.

  • Step 1: Conduct an online search for a sufficiently unique brand name

This is the easiest and most successful way for a novice to create a memorable, contemporary, and intriguing business name. As the majority of generic names are already taken, it is advisable to select a unique and distinctive brand name.

  • Step 2: Prepare a trademark application

The following documents must accompany the online trademark registration application:

  1. Business Registration Documentation: Depending on the type of business registered (sole proprietorship, etc.), a proof of identification and address must be provided for the company's directors. In the case of a sole proprietorship, the owner's identifying documents, such as a PAN card or Aadhar card, may be required. In the case of a firm, however, verification of the company's address must be provided.
  2. A digital version of the trademark.
  3. The proposed mark's proof of claim (if applicable) may be used in a foreign country.
  4. The applicant must sign an authorization form.
  • Step 3: Submit an application for trademark registration

Manual registration and electronic registration are the two techniques of registration.

If you select “manual filing”, you must bring and submit your application for registration in person to the Registrar Office of Trade Marks in India's major cities, including Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you must wait at least 15 to 20 days for a confirmation of receipt. With an electronic filing system, however, you will receive an immediate receipt of acknowledgment on the government's website. You may begin using the Trademark (TM) sign alongside your brand name after you have received your acceptance!

Who can file a trademark application?

  • Those seeking intellectual property protection in India must register their trademarks. Trademark Registration can be requested by anyone who want a brand name for their business or product

An Individual (Person)

  • A non-business individual may submit a trademark application and register a term or symbol for future usage. When applying for a trademark as a person, the applicant's full name must be provided.

Joint Owners

  • If two parties decide to file a trademark application jointly, both parties' names must appear on the application.

Sole Proprietorship

  • When a sole proprietorship firm submits a trademark application, the application must contain the full name of the Proprietor. A business or sole proprietorship name is inappropriate as a given name. This is due to the fact that a business or proprietorship name is similar to an alias for the actual person, and proprietorship firms are not distinct legal entities. Nonetheless, if the application contains a proprietorship or business name in addition to the applicant's name, those details will be captured separately.

Partnership Firm

  • When a partnership firm submits a trademark application, all partners' names are required to be included. Due to the fact that partnership firms are not considered independent legal organizations, the trademark application must contain the names of all Partners. If a minor is a member of the partnership, the guardian's name should also be provided.

Limited Lia bility Partnership (LLP)

  • The application for a Limited Liability Partnership's trademark registration must be filed in the LLP's name. As a legal entity, an LLP has its own identity. Therefore, the Partner cannot be the sole applicant, as the trademark must belong to an LLP.

Indian Company

  • When a private limited company, an individual, or a limited company applies for trademark registration, the application must be made in the company's name. The applicant cannot be a director of the company, although the application may be signed and submitted by the director or any other official authorized by the firm.

Foreign Company (Non-Indian Company)

  • When a foreign company files a trademark application in India, the application must be submitted under the foreign company's own corporate name. The type of registration, the country where the business was established, and the law under which the business is registered must all be provided. The application must provide the applicant's address for service in India if the foreign company does not have a principal place of business in India.

Trust or Society

  • Include the name of the Managing Trustee, Chairman, or Secretary of the Trust or Society when submitting a trademark application on their behalf.

Documents Required for Trademark Registration in India

The following documents are necessary for trademark registration in India:-

  • The category of the applicant (person, firm, startup, proprietor, or others).
  • The legal name of the applicant
  • Complete Address
  • Email address for the candidate
  • Trademark Classification (Color/Logo/Name/Sound/Patterns/Others)
  • Product or Service Description
  • Whether already registered or not
  • Digital Signature Certificate
  • Account Permanent Number (PAN)
  • Unique identification number (Aadhaar)

 

HELP & FAQs

What does

TM is an unregistered trademark being used to market goods. The TM symbol may be used to assert ownership over unregistered trademarks.
R denotes a registered trademark/service mark that grants the applicant entire ownership and legal rights.

Is trademark registration mandatory?

No. There is no requirement to register a trademark. Nevertheless, registration is prima facie evidence of trademark ownership. Notably, however, unregistered trademarks cannot be the subject of legal action for infringement.

Is it feasible to renew a registered trademark?

The duration of a trademark registration is ten years. It is perpetually renewed every ten years. In India, a renewal request must be submitted on FORM TM-R within one year of the preceding registration's expiration.

Can the sound or smell be trademarked? How are these designations determined?

Yes, sounds and odours are acceptable for trademark registration. However, they should be graphically replicable and unique. For sound marks, an MP3 recording with a maximum duration of thirty seconds must be submitted, along with a graphical representation of the notations. The smell can be expressed as a chemical formula with the sample.

Can trademark be cancelled due to non-use?

Yes, a trademark can be cancelled because of non-use. Except as provided in clause 3 of section 47 of the 1999 Trademarks Act, a trademark may be removed for non-use if:
1. The trademark was registered without a bona fide intention and was not used for three months prior to the date of the application for removal; or
2. The trademark was not used for a continuous period of five years from the date of registration and application for removal.

Where can a search be undertaken to determine the existence of identical or similar marks?

If you like to do your own search (similar and comparable), the procedures below are suggested:
Following these procedures will allow you to check the availability of your mark on a free government website:
a) Navigate to the government's search engine online.
b) From a list of 45 unique business classifications, select the one that applies with your search.

 

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We have been especially crucial in ensuring startups are compliant with India's complex legal structure. We accept responsibility and obligation on behalf of the business owners and co-founders for adhering to all legal requirements. We strive to deliver a wide range of quick, effective, and compliance-focused services to any company or individual with a startup mentality. We are abide by our motto:- We Care, We Deliver, We Honor.