A Trademark (“TM”) generally refers to a “brand” or “logo.” Trademark means any sign capable of being represented graphically and of distinguishing goods and services of one undertaking from those of another. Get expert assistance with trademark registration status, trademark registration consultants, government fees for trademark registration, trademark registration documents, documents required for trademark registration, trademark registration cost in India, and the procedure for registration of a trademark.
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Scope of Work:
1. Public Search of Trademark for Availability Check
2. Preparation of Power of Attorney
3. Preparation of TM Application
4. Submission of TM Application with Authorities
Trademark registration and brand protection are essential for businesses to safeguard their intellectual property. Intellectual property refers to intangible creations, such as ideas, designs, and innovations, protected by law from unauthorized use or copying.
A brand is a unique sign, symbol, word, phrase, logo, or design that identifies a business or product and distinguishes it from others in the market. A trademark is a specific aspect of a brand that can be protected by law, such as a Trademark registration of a logo, slogan, or brand name.
To protect intellectual property, businesses can take measures such as:
Registering trademarks and patents with the USPTO
Using trademark symbols (™, ®, and ℠) correctly
Buying domain names related to their trademarks
Setting up reverse image search alerts to detect unauthorized use of their brand imagery
Establishing brand guidelines for official partners and resellers
Businesses can safeguard their intellectual property and maintain a strong brand identity by taking these steps.
In India, the scope of Trademark registration is vast and inclusive, encompassing a wide range of entities and individuals. Businesses and organizations can protect their brand identities and intellectual property by registering for a trademark.
The following entities and individuals are eligible to register for a trademark in India:
Individuals: Any individual, whether a citizen of India or a foreign national, can apply for trademark registration.
Joint owners of a company: Joint owners of a company can jointly apply for trademark registration in India.
Proprietorship firms: Proprietorship firms, which are businesses owned and operated by a single individual, can also apply for trademark registration online.
Partnership firms: Partnership firms, which are businesses owned and operated by two or more individuals, can apply for trademark registration, provided they have a maximum of ten partners.
Limited Liability Partnerships (LLPs): LLPs, which are a type of partnership firm that offers limited liability protection to its partners, can also apply for Trademark registration online.
Indian companies: Indian companies, whether private or public, can apply for trademark registration to protect their brand identities.
Foreign companies: Foreign companies that operate in India or plan to enter the Indian market can also apply for trademark registration online.
Trusts: Trusts, which are organizations that hold and manage assets for the benefit of others, can apply for trademark registration.
Societies: Societies, which are organizations that promote a particular cause or objective, can also apply for trademark registration online.
By registering for a trademark, businesses can protect their logos, symbols, words, phrases, or a combination of these elements that distinguish their brand from others. This helps to prevent unauthorized use, builds brand reputation, and increases business value.
Exclusive Rights: Legal protection against unauthorized use of your brand name, logo, or slogan.
Unique Identity: Distinguishes your brand from competitors and establishes a unique identity in the market.
Brand Value: increases brand value and credibility, making it more attractive to customers and investors.
Protection: Safeguards against infringement and misuse of your brand, reducing the risk of legal disputes.
Global Recognition: A trademark registration is recognized globally, providing protection and recognition across international borders.
In India, several types of trademark registrations cater to different business needs and requirements. These include:
Product Mark: A product mark is a trademark that is registered for a specific product or goods. This type of trademark registration is suitable for businesses that manufacture or sell physical products.
Service Mark: A service mark is a trademark that is registered for a specific service or intangible goods. This type of trademark registration is suitable for businesses that offer services, such as consulting, software development, or hospitality.
Collective Mark: A collective mark is a trademark that is registered by an association or organization to represent its members. This type of trademark registration is suitable for businesses that are part of a larger association or group.
Certification Mark: A certification mark is a trademark that is registered to certify the origin, quality, or characteristics of a product or service. This type of trademark registration is suitable for businesses that want to certify their products or services as meeting certain standards.
Series Mark: A series mark is a trademark that is registered for a series of marks that are similar. This type of trademark registration is suitable for businesses that have a range of products or services with similar branding.
Sound Mark: A sound mark is a trademark that is registered for a specific sound or jingle. This type of trademark registration is suitable for businesses that use a distinctive sound or jingle as part of their branding.
Trade Dress: A trade dress is a trademark that is registered for the visual appearance of a product or packaging. This type of trademark registration is suitable for businesses that have unique and distinctive packaging or product designs.
Each type of trademark registration has its own set of requirements and benefits. By understanding the different types of trademark registrations, businesses can choose the one that best suits their needs and protects their brand identity.
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class 1 . Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6 . Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12 . Vehicles; apparatus for locomotion by land, air or water
Class 13 . Firearms; ammunition and projectiles; explosives; fire works
Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15. Musical instruments
Class 16 . Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks
Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23 . Yarns and threads, for textile use
Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 . Clothing, footwear, headgear
Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 . Alcoholic beverages(except beers)
Class 34 . Tobacco, smokers' articles, matches
Class 35 . Advertising, business management, business administration, office functions.
Class 36 . Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37 . Building construction; repair; installation services.
Class 38 . Telecommunications.
Class 39 . Transport; packaging and storage of goods; travel arrangement.
Class 40 . Treatment of materials.
Class 41 . Education; providing of training; entertainment; sporting and cultural activities.
Class 42 . Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43 . Services for providing food and drink; temporary accommodation.
Class 44 . Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45 . Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Registering a trademark and brand in India involves several steps, which are outlined below:
Step 1: Conduct a Trademark Search
Conduct a comprehensive search of existing trademarks to ensure that your desired trademark is not already registered or too similar to an existing mark.
Use online trademark search tools or consult with a trademark registration attorney to search.
Step 2: Choose a Unique Trademark
Based on the search results, choose a unique and distinctive trademark that represents your brand.
Ensure that the trademark registration is not too similar to existing marks and is easy to remember and pronounce.
Step 3: Prepare the Trademark Application
Prepare a trademark registration application in the prescribed format, which includes:
Trademark form (Form TM-1)
Power of attorney (Form TM-48)
Identity proof and address proof of the applicant
Soft copy of the trademark logo (if applicable)
The application can be filed online through the IP India website or offline through a physical submission at the Trademark registration office. Note that online filing is recommended as it is faster and more convenient.
Step 4: File the Trademark Application
File the trademark application with the Trademark Registry, which is a part of the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM).
₹4,500 for online applications (e-filing) ₹5,000 for offline applications (physical filing)
Note: The filing fee may be subject to change, so it's essential to check the official website of the CGPDTM for the latest fee structure.
Step 5: Wait for the Trademark registration Examination
The Trademark Registry will examine the application to ensure that it meets all the requirements and is not too similar to existing marks.
The examination process typically takes 12-18 months.
Step 6: Respond to Trademark registration Objections
If the Trademark Registry raises any objections, respond to them within the prescribed time frame (usually 30 days).
Address all the objections and provide additional information or evidence as required.
Step 7: Publication in the Trademark Journal
If the application is accepted, the trademark registration online will be published in the Trademark Journal, which is a weekly publication of the Trademark Registry.
The publication is a notice to the public that the trademark is being registered.
Step 8: Wait for the Opposition
Any person can oppose the trademark registration within 4 months of publication in the Trademark Journal.
If no opposition is filed, the trademark will be registered, and a registration certificate will be issued to the applicant.
Step 9: Registration and Certification
If no opposition is filed or if the opposition is overcome, the trademark will be registered, and a registration certificate will be issued.
The registration certificate is proof of ownership of the trademark.
Step 10: Renewal
Trademark registration has a limited lifespan, and it's essential to renew it to maintain your brand's protection.
The trademark registration is valid for 10 years, commencing from the date of registration. This means you'll need to renew your trademark every 10 years to keep your brand protected.
Renewal applications can be filed within 6 months before the expiration date or within 6 months after the expiration date with a late fee.
By following these steps, you can successfully register your trademark registration and brand in India. It's recommended to consult with a trademark attorney or business consultant to ensure that the process is completed correctly and efficiently.
• Logo, if applicable.
• Identity proof of the trademark owner
• Incorporation certificate, if company or LLP
• Address proof
Note: Logo is not mandatory. Word alone can be trademarked.
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1. Copy of PAN & Aadhar of the Applicant;
2. Incorporation certificate, in case of Company or LLP;
3. MSME/Udhyam Certificate, in case of Company or LLP;
4. Logo, if applicable.
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark.
The Registering Authority for Trademark Registration is the United States Patent and Trademark Office (USPTO). They oversee the registration process and ensure that trademarks meet all requirements for protection.
To download a trademark certificate, you can typically log in to the official government website where you registered your trademark, navigate to the section for certificates or documents, and find the option to download the certificate there. Make sure you have the necessary credentials and permissions to access the certificate.
The cost for trademark registration varies depending on the specific requirements of each individual case. It is recommended to consult with a trademark attorney or visit the official website of the United States Patent and Trademark Office for accurate and up-to-date pricing information.
To add a digital signature in trademark registration, you can use electronic signature software or online platforms that are compliant with legal requirements for authentication and verification.
Trademark registration in India is a legal process by which a unique logo, symbol, word, or combination of these elements is officially recognized and protected under Indian law.