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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.

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4.9/5

Market Price

4000/-

Instabizfilings Price

₹ 1800 excl. GST

₹ 2124 incl. GST

Complete Date

24-02-2025
    • 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/-

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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

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Introduction

The business competition uses product branding to define products through their unique identity characteristics. Trademark elements which include logos and jingles and packaging design combine to form what we define as a trademark. Brand identity protection has become more important in our current digital era. Startups and business users and individual entrepreneurs need trademark registration online because it protects the uniqueness and distinctiveness of their products and services.

 

We at Instabiz Filings fully understand how vital brand name registration becomes for product and service distinctiveness in the modern competitive marketplace. Our expert service helps businesses obtain trademark registrations. Our dedicated team helps all types of entrepreneurs from dynamic startups to established businesses and individual entrepreneurs to navigate the complex trademark registration online system.

 

Instabiz Filings functions as your reliable partner to safeguard your brand identity and protect your intellectual property assets.

What is a Trademark?

A distinctive trademark according to India's Trademarks Act of 1999 (Section 2(zb)) functions to distinguish products or services against market competitors. Several elements including symbols along with designs and expressions and unique features represent specific brand identification. Trademarks exist for individual owners as well as corporate entities and legal entities creating broad accessibility for multiple forms of ownership.

 

Does your business require trademark registration?

Trademark registration protects your legal authority to use your mark when it serves for products or services. Marked trademarks create a powerful safety net that lets you bring intellectual property disputes against unauthorized trademark uses. After completing the trademark or brand name registration process your trademark maintains unlimited validity starting from the application filing date with ten-year initial validity.

 

Online trademark registration application exists for businesses of all types

Trademark registration online in India is available to all types of entities and individuals, such as:

 

  • Individuals

  • Joint owners of a company

  • Proprietorship firms

  • Organization groups that have ten partners or fewer can register trademarks.

  • Limited Liability Partnerships (LLPs)

  • Indian companies

  • Foreign companies

  • Trusts

  • Societies

 

Multiple companies and organizations find protection for their brand identities through this inclusive online trademark or brand name registration system.

Types of Trademark Registrations in India

India offers diverse online brand ownership services through trademark registration which help consumers identify products or services linked to specific producers or service providers. Here, we explore the several types of trademark registrations available:

 

  • Product Mark : The attachment of a trademark to items or merchandise helps both consumers identify sources and enables companies to protect their company image. Product marks secure trademark status within classes 1-34 because these classes pertain solely to physically tangible goods.

 

  • Service Mark : Service marks perform exactly like product marks to identify service operations instead of standard commercial items. The primary purpose of service marks is to establish individual service providers apart from other service providers. Trademark applications from classes 35 to 45 generally register as service mark trademarks for provided services.

 

  • Collective Mark : Collective marks transmit distinct features from products or services to speak on behalf of a collective identity. Through collective marks entities and people can safeguard and promote multiple products and services as a single unified group. Any legal entity including associations and public institutions or Section 8 corporations can hold trademark ownership rights.

 

  • Certification Mark : Traders use these marks to communicate essential details about product origins and compositions while specifying quality standards and additional essential characteristics. The issuance of certification marks sets product standards which help customers recognize that their products fulfill required quality criteria. Both registered trade and certification marks frequently appear on packaging for consumer products as well as children's toys and electronic devices.

 

  • Shape Mark : Manufacturers use shape marks to protect product designs so consumers can identify the manufacturer immediately. The recognition process requires authorities to evaluate if the product shape shows uniqueness.

 

  • Pattern Mark : Products featuring distinctive designed patterns obtain trademark protection by using pattern marks which function as identifying characteristics. A pattern mark application requires recognizable design patterns.

 

  • Sound Mark : Sound marks represent specific auditory messages which identify products or services from particular suppliers. Commercial advertisements frequently feature sound logos which professionals call audio mnemonics when broadcast during their launch or conclusion. Indian sports broadcasts often include this particular tune which stands as an example of Sound Mark protection.

 

  1. Multiple trademark registration options including logo trademark registration enable companies and entities to protect their brand identity through integration with their unique product offerings and market positioning.
  • Choosing the Correct Trademark Class : For trademark registration each item demands assignment under one of the 45 established classes that serve to organize goods and services. The proper selection of trademark class matters essential for online trademark registration validity since it relates to your business products and services. When your company is active in various areas across different classes of classification you must register trademarks under each applicable class to maintain protection.

 

In India, the most frequently opted trademark classes for registering a trademark include:

 

  • Class 9: Encompassing computer software and electronics

  • Class 25: Covering clothing

  • Class 35: About business management and advertising

  • Class 41: Related to education and entertainment

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 arm manufacturing and its accessories; ammonitions and projectiles; explosives and 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, shell or mother-in pearl, meerschum and all sorts of substitutes for these materials namely the 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 search

A complete trademark search should always be performed before registering the trademark. The protection of brand exclusivity requires this important step. A trademark online search requires users to provide their brand name and relevant class information for analysis. The careful trademark search allows for pre-existing market trademarks to become identifiable while assessing potential conflicts and thus serving to protect your brand identity. You can use Instabiz Filings trademark search tools coupled with their brand name registration support to make important choices during your trademark or brand name registration process.

Trademark Filing Process in India

A trademark registration application should be submitted to the Trademark Registrar following completion of trademark search procedures.

 

  • The Vienna Codification Process : The Vienna Classification functions as an international categorization framework for trademark visual components known as the Vienna Codification. During the trademark registration application process the Trademark Registrar applies the Vienna classification to evaluate figurative elements of the trademark.

 

  • Trademark Examination : After finishing Vienna Codification work the trademark registration application is allocated to a Trademark Registrar's officer. After conducting an assessment of the application an officer generates an examination report to determine its accuracy. Following evaluation by the officer the application may proceed for acceptance or journal publication authorization but the officer can also decide to object to registration.

 

  1. When objections arise the applicant has the opportunity to provide explanations to the Trademark Officer. The officer approves the trademark for publication when he or she determines the applicant's justifications meet acceptable criteria.

 

  • Trademark Journal Publication : After registration acceptance from the Trademark Register the trademark gets listed in the Trademark journal publication. All received trademarks appear in this weekly publication called the Trademark journal. The general public can file objections against trademark registrations they think could jeopardize their business interests during the news and journal publication period. A registered trademark should be granted within 12 weeks for applications where no objections surfaced during the 90-day public examination period following journal publication.

 

  • Trademark Hearing : An applicant whose trademark faces objection from a third party will have their case heard before a Trademark Hearing Officer. During hearings both parties representing trademark applications and their opponents gain opportunities to detail their opposing views. The Trademark Hearing Officer reaches decisions about brand registration applications after examining evidence and hearing from both parties.

 

  • Trademark Registration : Trademark registration certificates proceed to issuance once no one uses any particular opposition against the application. The Trademark Registration Certificate unlocks exclusive mark ownership rights for the trademark holder after it starts. Logo trademarks which do not encounter opposition or objections during review processes will secure registration approval.

 

  1. The Inclusive ® symbol(registered trademark symbol) can now be placed beside the logo or trademark.

 

  • Trademark Objection : Trademark objections form an essential initial requirement before businesses can proceed with trademark registration. During the trademark registration assessment procedures the Registrar requests legitimate information pertaining to why the mark could be either accepted or rejected as a registrable trademark.

 

  • Trademark Opposition : The act of trademark opposition takes place when another party challenges trademark registration to a third party. Any natural or legal person regardless of their status as individual, business or partnership firm or trust can submit oppositions to the Registry.

 

  • Trademark Renewal : After completing trademark registration successfully your trademark enjoys validity rights for a period of ten years starting from the date of your initial filing. The protection of your trademark depends on performing renewal procedures every ten years from the filing date. Your brand name registration benefits from ongoing updates that protect your trademarks from wrongful actions and unauthorized exploitation 

Documents and Details Needed for Online Trademark Registration

To start your trademark registration process or brand name registration in India, you'll have to fill out the initial information as detailed below:

 

  • Applicant's Name: The entity which seeks to receive trademark registration either as an individual or company offers their name.

 

 

  • Business Objectives: Summarize your business operations through a short description of the objectives that drive your work.

 

  • Brand/Logo/Slogan Name: Routes used to obtain market entry protection using Trademarks must include a clear definition of both the trademark name and its branding visual elements or advertising statements.

 

  • Registration Address: The authentic address of the trademark application entity must be provided.

 

For finishing up the trademark registration through the online portal or logo trademark registration procedure you must provide certain documents.

How Instabiz Filings Can Assist You with Trademark Registration

The India trademark registration process through an online application system demands businesses to follow multiple complex governmental procedures. We make it easy to register trademarks at Instabiz filings. Here's a breakdown of how we can assist you:

 

  • Trademark Search : Begin our trademark process by supplying us with vital information regarding your desired trademark and your industry. Your provided trademark will be fully comprehensively researched by expert trademark analysts. Proceeding beyond brand identification leads to advancing to step NUMBER TWO.

 

  • Class Selection and Document Collection : Our team of experts determines which appropriate classes you need while providing complete business coverage through their selection process. Start uploading all required documents needed for online trademark registration during this time.

 

  • Trademark Application Filing : After receiving your documents from you our team verifies that they have appropriate accuracy and completeness. After reviewing all necessary documents we help you finalize the trademark application and submit it properly. We maintain full transparency and notify you while we monitor all Trademark Registry alerts until the trademark or brand name registration process ends.

 

Your application submission enables you to begin using the ™ symbol.

 

  • Trademark Objection (if applicable) : You will get a trademark objection notice from the trademark examiner when questions emerge about your application. Our team helps you develop a strong response that combines appropriate documentation with evidence to submit for review.

 

  1. Your application status updates will come from us and we will guide you through all oppositions and hearings. Instabiz Filings offers trademark renewal alongside trademark assignment services and licensing solutions and additional services that become necessary after trademark registration.

  2. Your business requires brand protection and trademark registration in India now. Start securing your business identity with Trademark Registration or logo trademark registration at Instabiz Filings. When you register your brand through Instabiz Filings you can trust their capable team to secure your brand's protection. Started today for a clear and distinctive trademark ownership. Start today with Instabiz Filings to protect your important intellectual property rights.

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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.

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