Send an Enquiry
Enquiry Form
captcha

0 + 4 =

Call us now
Call Us Now
9136664394
9136664395
7304244849
Buy Now
Whatsapp
Call Us Now
9136664394
9136664395
7304244849
c shape double border

Trademark and Brand Registration

Trademark and Brand Registration

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.

Google Review Rating

4.9/5

Market Price

4000/-

Instabizfilings Price

₹ 1800 excl. GST

₹ 2124 incl. GST

Complete Date

18-09-2024
    • You Save INR 2,200/- (55%) on the above Service.
    • Government Fees will be charged as follows
      • Individual Application - INR. 4,500/-
      • Corporate Application - INR. 9,000/-

Offers and Discount

Get 10% off on your first purchase with Instabizfilings

No Cost EMI Available on Transactions above Rs. 3,000

Avail 18% GST Input on all service purchases

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

topangle bottomangle

Introduction

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.

Benefits of Trademark and Brand Registration

  • 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.

 

  • Business Growth: Enhances business growth and expansion opportunities, as can trademark registration increase business credibility and trust.

Types of Trademark Registrations in India

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.

TM Class Details

(In general, parts of an article or an apparatus are taken in the same class with the actual article or apparatus, but not if the parts themselves are articles belonging to other classes).
 
 
Class 1: Chemical in industry, scientific, photography, agriculture, horticulture and forestry, raw artificial resins and plastics,manure, fire extinguishing chemical compositions, soldering and tempering preparations, foodstuff preserving chemicals, tanning agents, industrial adhesives
 
Class 2: Paints, varnishes, lacquers, preservatives against rust and against the deterioration of wood dyes, mordants, natural (resin), metals in foil and powder form to be used in painters, decorators, printers and artists.
 
Class 3: Preparations for washing the skin, soap and other substances for washing the body, perfumes, with soap, cleaning agents, polishes and similar preparations, for disinfecting the body, toothpaste, hair lotions
 
Class 4: Petroleum jelly, oils for machinery, paraffin, grease, lubricants, dust cement, dust retarders, fuel, petrol, spirit, benzene, illuminants, tapers, wax lights
 
Class 5: Medicinal and surgical preparations, blende for babies, preparations for treating, human or animal wounds, materials for making teeth stoppers, dental wax, preparations for destroying parasites, preparations for combating fungi, preparations for combating weeds

Class 6: Iron and steel in their several grades, the non-ferrous metals and their unions, metal constructional products.
 
transportable buildings of metal, metal for railway tracks, non-electric cable and wire of common metal, small metalware articles,  metal pipes and tubes, safes, metal goods not elsewhere classified, ores
 
Class 7:  Machinery including machinery used in the textile, apparel or leather industries, electric and non-electric, including motors, engines and parts thereof Machinery and mechanical appliances incorporated in apparel or textile industry and electrical machinery and equipment, motors and engines, machinery parts Metallurgy, rolling mill machinery,Agricultural machinery, implements (excluding road vehicles), incubators for eggs, etc.
 
Class 8: small arms, cutlery, hand tools and implements, razors
 
Class 9: Hydrographic and similar navigational instruments scientific and regulating, surveying, electrical, photographic, cinematographic, optical, weighing, measuring, signaling, check (supervisory), lifesaving and teaching instruments and include instruments for recording, transmission and reproduction of sound or images, magnetic tracks, recording discs, automatic vending machines and mechanisms for operating by coin, cash registers, calculating, accounting, tabulating, processing of data and computers, fire-extingu
 
Class 10:  Surgical, medical, dental and veterinary instruments and appliances, artificial limbs, eyes and teeth,  orthopaedic appliances,  sutures
 
Class 11: Illuminating, warming, steam raising, cooking, cooling, ventilating, water heating and sanitary fittings

Class 12:  Cars, equipment for transport on ground, in the air or on water
 
Class 13: Fire arms, ammunition and projectiles, explosives, fire works
 
Class 14:  Metals and their alloys and products in metals or plated therewith, not elsewhere classified, jewellery, gemstones, watches and other timekeepers
 
Class 15: Musical instruments
 
Class 16:  Raw and processed timber, paper and cardboard and articles made from them not classified in other classes, printed matter, materials used in bookbinding, photographs, paper and cardboard stationery, articles for use in offices and schools, adhesives for stationery and domestic use, artists’ materials, paint brushes, typewriter ribbons and other accessories, paper and cardboard used for instruction and teaching not being apparatus, plastic material used in packaging not classifiable in
 
Class 17: Rubber, gutta percha, gum, asbestos, mica and articles thereof and not elsewhere classified, plastics in the form of tubes, pipes, hoses, profiles, sheets, rods, films, blanks or other shapes, suitable for use in manufacture, packing, stopping and insulating materials, flexible tubing, not of metal
 
Class 18: Clothing accessories of leather and imitations of leather, leather goods not covered by the above classes, furs, trunks and travel bags, umbrellas, parasols, walking canes, whips, harnesses and saddles
 
Class 19: Constructional, (non-ferrous), non-ferrous profile pipes for construction work, jute, liner and paste saturated with asphalt, pitch and bitumen, transportable constructions of non-ferrous materials, statues and other monuments, except of metal.
 
Class 20: Household, cafeteria and bar furniture and accessories, looking-glass 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, plastics.

Class 21: Cutlery and tableware, spoons and forks, ladles, spatulas, corkscrews and similar kitchen utensils and receptacles, combs and sponges, brushes (except painting brushes), materials for making brushes, cleaning articles, steel wool, unworked or semi-worked glass (excluding glass used in construction), glassware and such products as porcelain and earthenware that do not belong to any of the aforementioned categories
 
Class 22: Twine, cordage, cables, nets, tents, awnings, tarpaulins, sails, sacks, bags other than of Class VII, padding and stuffing, other than rubber or plastic parts and raw textile materials.
 
Class 23: Cloths and other threads to be used in the textile industries
 
Class 24:  Textiles and textile goods not elsewhere classified, bed and table covers.
 
Class 25:  Clothing, footwear, headgear
 
Class 26:  Ropes and laces, galloon and embroidery, fringes and chevrons, buttons, hooks and eyes, pins and needles, feathers and flowers
 
Class 27:   Floor and wall coverings including carpets, rugs, mats and matting, linoleum and other material used for existing floor, non-textile wall hangings.
 
Class 28:  Toys and games, gymnastic and sporting articles not included in other classes, ornaments for Christmas trees
 
Class 29: Meats, fish and poultry and game, meat extracts, fruits and vegetables in preserve, dried or cooked forms, jellies, jams, fruit sauces, eggs, milk and its products, edible oils and fats
 
Class 30: Coffee substitutes, tea substitutes, cocoa and chocolate, prepared caffeine, products of the fruit and nut bearing chocolate tree, prepared or manufactured products of coffee, cocoa, tea, preparations of rice and preparation of tapioca and sago, artificial coffee, Prepared cereal, flour or bread and the products made from them, confectionery, jellies and puddings, ice and ice-creams, honey, treacle, yeast, baking powder,
 
Class 31: Measures of agricultural, horticultural and forestry products and grains, not included in another class, live animals, natural and fresh fruits and vegetables, seeds, plants and flowers, food for animals, malt
 
Class 32: Beverages: beers and other non-alcoholic drinks including mineral and aerated waters, fruit drinks and fruit juices, syrups and other preparations for making beverages
 
Class 33: Alcoholic beverages(except beers)
 
Class 34: Tobacco, smokers' articles, matches

 

 SERVICES

 

Class 35: Organisational communications, management of business establishments, business organisation, office work, secretarial work.
 
Class 36: Insurance, matters of finance, matters of money, real estate matters.
 
Class 37: Civil works for construction and repair, installation service.
 
Class 38: Telecommunications.
 
Class 39: Transportation, protection and preservation of the product, tour and travel services.
 
Class 40: Treatment of materials.
 
Class 41: Education, training, recreation, leisure/time-filling activities with appendix of sporting and cultural services.

Class 42: Research & experimental development on natural sciences and engineering, technological consultancy & R & D services on the aforesaid subjects, informational technology research & development & related industrial analysis & research, designing and development of computer systems.
 
Class 43: Activities in relation to the serving of food and drinks, temporary residential accommodation.
 
Class 44: Physicians, surgeons, paraveterinary, beauticians for people or animals, agricultural, horticultural and silvicultural services.
 
Class 45: Legal and security professions, maintenance of law and order together with protection of property and persons, professions, services and trades, not elsewhere classified, necessary for the satisfaction of human wants.

Trademark Registration Process

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.

Documents Required

The originals of the following documents should be produced when applying for a trademark in India
 
  •  Image of the trademark
  • Power of Attorney (prepared by us)
  • User affidavit (only if the user was the prior owner of the trademark)
  • TM-A form (prepared by us)
  • Copy of PAN card and other Id proof of the applicant and Proof of Address.
             Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:
 
  •  Applicant name: The individual, company, or organisation applying for trademark registration to the trademark registry
  • Business Type: Specify the type of business that is to be established, it may include private limited company, partnership, MSME, startup, sole trader, one person company  etc.
  • Objectives of the Business: Explain the general field of the company’s activity and the type of business and services performed under the trademark
  • Name of Brand/Logo/Slogan: It is also important to indicate the name, logo or the slogan that you want to trademark
  • Registration Address: This was in contrast to all applications under the trademark; they have to come with the official address of the organisation that sent it.
  • Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that make your case more stronger.

Why Choose Instabiz Filings

Our Company i.e. Adih Biztech Private Limited has a skilled team of Chartered Accountants, Company Secretaries, and Lawyers, as well as on-call support to handle all your financial, legal, and company formation needs. 

 

·        Skilled Team of CA, CS, and Lawyers, and On-Call Support

·        Dedicated Relationship Manager

·        Company formation process is managed fully online.

·        Quick turnaround and affordable pricing

·        Thousands of Happy Customers

·        Take advantage of offers like No Cost EMI / Referral Discounts

Placeholder Image

Need more details? We can help! Talk to our experts now!

Start Your Business Registration – Talk to Our Experts Now!

FAQs

FAQs

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.

The cost of registering a trademark can vary depending on the country and scope of protection needed. In some cases, there may be no cost if the trademark is automatically protected upon first use in commerce. It is always recommended to consult with a trademark attorney or agent to determine the specific costs involved.

Conduct a trademark search to see if the brand name is already registered with the US Patent and Trademark Office or other relevant authorities.

Related Services

shape dot

Loved by founders all over the world

Related Articles

Trademark Registration in State