Trademark Registration

To distinguish one’s goods or services from other similar goods or services originating from a different business, a visual symbol is used called trademark. It may be in the form of a number, a word, a symbol, etc.It is an intangible asset used to protect the company's investment in the brand or symbol. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. A trademark can be registered only if it is distinctive for the goods and services you provide. Also, trademarks are not register able if it is deceptive, offensive, contains specially protected emblems, etc.. Trademark provides the trademark owner the right to sue for damages in cases of infringements of trademarks.Trademarks are registered in accordance with the Trademark Act, 1999 with the General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

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Minimum Requirement for Trademark Registration

  • A list of goods and/or services for which registration is required.
  • The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner. If the applicant is a company, the country or state of incorporation.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • Soft copy of the trademark to be registered.
  • Date when the trademark was first used in India, if at all used.
  • Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
  • If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the date of filing of the application.

An application for trademark can be filed in prescribed form TM-1 along with government fee as per application. Our professional fee for filing of trademark is Rs. 7000/- Only for all India filing

Types of Trademark: Under the Indian trademark law the three types of trademarks

Product / Goods Trademark

The brand name, or the label, or the logo is affixed on the product to make it different from others is called a product trademark.

Service Trademark

The trademarks used by service providing company such as a broadcasting service, retails outlet, consulting, IT consulting company etc are called service trademarks & they are used to identify the services.

Collective Trademark

Trademarks that are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities are called collective trademarks.

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Frequently Asked Questions (Faq)

  • What can be registered as a trademark?

    A trademark is a visual symbol used to distinguish one’s goods & services from others. It may be a word, a letter, a mark, etc.

  • What benefits areof registered as a trademark?

    Benefits of Trademark Registration

    Brand Protection

    The proof that you have taken the first step towards that particular good/service is provided by a trademark.

    Exclusive right to use

    In case any other person makes unauthorized use of the brand name, then he will be liable for infringement of the trademark.

    Single Trademark for Multipurpose

    A single application for a trademark is sufficient to protect more than one type of goods &/or services.

    Trust or Goodwill

    Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks reflect to the customers that you are conscious about your brand.

    Global Trademark Registration

    If required, a trademark registered in India can act as the basis for trademark registration in other countries and vice-versa. Foreigners and Foreign entities can also register a trademark in India, if required.

    Creation of Asset

    Trademarks provide protection to a particular group of goods & services thus acting as an asset for the trademark holder. Further, Registered trademark is a right that can be sold, franchised or commercially contracted.

    Customer Trust Creation

    A sense of trust is created in the customer’s minds when they see the “R” or the “TM” symbols on their products.

    Can be Renewed Indefinitely

    Subject to renewals at specified intervals of time, we can use trademarks for an indefinite period of time.

  • Can a single trademark be used for services belongs to different classes?

    Trademark registrations are distinctive to the goods or services it represents. The trademark registration will therefore be valid for the entire class of goods or service it represents.

    The fees for filling in each class will increase every time just like you have filed a single application for one trademark.

  • What are the Process of trademark registration in India?

    Trademark Registration Process

    Application Preparation

    We will Search for Trademark Availability & if the search results are positive, our Trademark Expert will prepare the trademark application for your business based on your requirements and information in Form TM – 1, it will take around 5-7 days to apply for trademark registration on Rajput Jain & Associates.

    Trademark Filing

    We will prepare your application within 2 - 3 working days based on the information provided & get it signed by you. We will also file it with the Trademark Registrar electronically or manually. You can start using the TM symbol once the application is filed with the Registrar.

    Trademark Registration

    The Government processing will start after submission of trademark application. Trademark registration takes around 1 - 2 years, once approved you can start using the R symbol.The Registrar may issue the certificate of Registration, if he has no objection within 4 months

  • What is a trademark class?

    The Trademark Registry has a list of 45 Classes under which all types of goods and services are to be standardized. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes.

  • Will Trademark registered in India valid in all over the world?

    No Trademark registered in India is valid for and to be used in India only. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.

  • Can a foreigner or a foreign entity apply for trademark registration in India?

    Yes, a foreign person or a foreign entity can apply for trademark registration in India.

  • Who can apply for trademark registration?

    Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.,

  • What are the documents required for trademark registration?

    A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required in addition to the above mentioned documents.

  • How long and when can I use the TM mark?

    The TM mark can be used along with the trademark once the trademark application is filed with the Government of India.

  • When can ® be used?

    The ® mark can be used only when the application gets approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided, which generallytakes 8 months to 2 Years.

  • How long is the trademark registration valid for?

    The registered trademark is valid for 10 years from date of filing. The trademark owner can file for renewal of the registration to keep the registered trademarkupdated, only prior to the end of the validity.

  • How can a registered trademark be protected?

    Either a legal suit can be filed in a District Court where infringement has occurredor arbitration proceedings or other legal measures can be initiated to stop the trademark infringement.

  • What trademarks are NOT register able?

    Any trademark, which is identical, offensive or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, won’t be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

  • Can I sell or transfer a registered trademark?

    A registered trademark can be sold, transferred, gifted, franchised, etc., because trademark registration gives the ownership rights over the trademark to the owner. Any person wishing to use the trademark must obtain the registered trademark owner’s consent.

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