Protect Your Brand With A Trademark Registration

Get the legal ownership of your brand or logo and protect it from being copied by others. Register Trademark at Rs 1,499/- + (Govt. Fees) (Check Below)

Expert advice for Trademark Search and Class Selection. Ready to use ‘TM’ within 1 Day. . . 

Trademark Registration - eTaxFinance
Trademark Registration - eTaxFinance
Trademark Registration - eTaxFinance
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Online Trademark Registration

Brand and Logo Registration

How to Protect your Brand or Logo from being copied? Important things to know before getting a Trademark registration? Benefits of getting Trademark registration?

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish its goods or services from other similar goods or services originating from a different business. It is used to distinguish the owners’ products or services from those of its competitors.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur. Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply.

Benefits of Trademark Registration in India

Basically Trademark Registration gives a Legal Protection right to the owner and secure the brand and logo from being copied by others. Below are Quick Benefits about the Trademark Registration:

  • Trademark Registrations is an Asset and forms part of your financial statements.
  • Get Registration is cost effective for your brand valuation.
  • Trademark registrations can be enforced against Company Name and block the names that the company intends to use for future.
  • Protects investment in Advertising & Branding.
  • Protects against unfair competition.

Registration Process | How to Register a a Trademark?

The process to get a trademark registered involves filing of the trademark registration application, examination of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/ found, registration of the trademark and renewal of the trademark after every 10 years.

  • Step 1: Search of Trademark under appropriate class based on Goods / Services.
  • Step 2: Filing of Trademark Application at IP India Portal by a Authorised Trademark Agent or Attorney.
  • Step 3: Examination of the Trademark Application by the Government Authority.
  • Step 4: Filing of “Reply to Examination Report” in case any objections are raised by Government Authority.
  • Step 5: Advertisement of Trademark in the Trade Marks Journal for a period of 4 to 6 months.
  • Step 6: Opposition of Trademark by any aggrieved person within the advertisement period as above.
  • Step 7: Final Registration of Trademark and issue of Registration Certificate.

Documents Required for Trademark Registration

Trademark Registration is an Online Procedure and requires some key documents. We have divided it into two parts as below:

Applicant Type: Individual & Sole Proprietorship:

  • Proof of Identity (PAN / Passport / Aadhar / Driving License / Voter ID)
  • Proof of Residence (Bank Statement / Electricity Bill / Phone Bill, etc.)
  • Details of Word Mark or Logo to be Registered
  • Authorisation in Form – 48 duly signed on Stamp Paper
  • Unique Email Id and Mobile Number of Proprietor

Applicant Type: NGO / Trust / Society:

  • Trust Deed / Society  Registration Certificate / Incorporation Certificate
  • Proof of Identity of Applicant (PAN)
  • Proof of Residence of Applicant (Bank Statement / Electricity Bill / Phone Bill, etc.)
  • Details of Word Mark or Logo to be Registered
  • Authorisation in Form – 48 duly signed on Stamp Paper
  • Unique Email Id and Mobile Number of Applicant

Applicant Type: Partnership Firm:

  • Partnership Deed / Incorporation Certificate
  • Proof of Identity of Applicant (PAN)
  • Proof of Residence of Applicant (Bank Statement / Electricity Bill / Phone Bill, etc.)
  • Details of Word Mark or Logo to be Registered
  • Authorisation in Form – 48 duly signed on Stamp Paper
  • Unique Email Id and Mobile Number of Applicant

Applicant Type: Company / LLP:

  • Certificate of Incorporation, MOA & AOA
  • Proof of Identity of Applicant (PAN)
  • Proof of Residence of Applicant (Bank Statement / Electricity Bill / Phone Bill, etc.)
  • Details of Word Mark or Logo to be Registered
  • Authorisation in Form – 48 duly signed on Stamp Paper
  • Unique Email Id and Mobile Number of Applicant

Steps Involved Post Trademark Application

Get Ready to use ‘TM’ within 1st Day of Trademark Application

The Applicant of trademark can use ‘TM’ instantly after the submission of application for trademark. You will get a Copy of Trademark Application and Government Receipt upon successful submission of application.

The applied Trademark shall be advertised and published in the Trademark Journal and shall be open for general public to oppose their objection, if any.

After almost 4 to 6 months since the advertisement in the journal, you will be provided the final Registration Certificate and you are authorised to use ®

Trademark Registration - eTaxFinance

Simple and Transparent Pricing

“We Deliver what we promise!” is not a tag line that we invented, it is actually how clients describe us.

Basic

(Inclusive of All Fees & Taxes)
5999
  • Individual / SME / Startups
  • Trademark Search by Experts
  • Filing of Trademark Application
  • Inclusive Govt. Fee of Rs 4,500/-

Premium

(Inclusive of All Fees & Taxes)
11499
  • Large Entities
  • Trademark Search by Experts
  • Filing of Trademark Application
  • Inclusive Govt. Fee of Rs 9,000/-
  1. The above Pricing includes Government Fee of Rs 4500 and Rs 9000 respectively.
  2. The Applicant needs to provide duly notarised affidavit of Form – 48 for authorisation of Trademark Agent / Attorney. Format for the same shall be provided through us by the appointed Agent /Attorney

Types of Trademark or Category in India

Different Category of Trademarks in Form TM – A

While filing the trademark application in TM-A (Earlier the name of the form was TM-1), the prescribed form for filing a trademark application in India, the applicant has to choose, category of trademark, which can be only from below options:

  • Word – A word or other groupings of letters/ alphabets is the most common type of mark. Examples include APPLE, GOOGLE, INFOSYS, TATA, IBM .etc. It is not necessary to have a meaning the word.
  • Device – Device marks are in general referred to the marks like Logo, Pictures of Drawings, A combination of Pictures and Words or Drawings, etc. Below is a pictorial presentation on various kinds of device marks.
  • Colour – The particular colour or combination of colour is recognised as a trademark if it is established that the color (s) function as a uniquely identifying mark to identify the origin of goods or services.
  • Shape of Goods – The shape of a product or the shape of a container may serve a function of identifying to the origin of goods. The shape of a container may also be another form of intellectual property as design.
  • Sound Mark – Sound marks are a non-conventional trademark and are possible to be registered in India, provided the sound functions as an identifier for the origin of goods or services.
  • Three Dimensional – Three-dimensional symbols can be registered as a trademark in India based on strict standards on the inherent distinctiveness of trademarks and its capability to distinctly identify the origin of goods and services.

Frequently Asked Questions

FAQ Resolution to Common Queries for your doubts related to Trademark Registration

There is a comprehensive registration process in India approved under the Trademarks act, 1999. With the guidance of trademark registration or logo registration or brand registration, one can safeguard the brand or logo by restricting other personalities from practising the name.

Registration of Trademark protect the owner to sue others from misuse of its brand or logo. However registration of a Trademark is not compulsory in India but it is Prudent to do so.

The symbol® can only be used alongside a registered trademark in superscript technique as is shown. Using this symbol ® without perceiving the related trademark registered is prohibited. On the other hand, the symbol ™ may be used alongside an unregistered trademark principally to show authorisation over the trademark before proper registration of the trademark. Therefore, the symbol ™ is usually used beside an unregistered trademark in superscript style, particularly through the time-span prevailing between the filing of the same and before its registration.

The government fees for Trademark registrations are as under:

  • Where the applicant is an Individual/Start-up/Small Enterprise the fees for E-Filing would be Rs 4500 whereas the physical filing fees would be Rs 5000.
  • In all other cases fees for E-Filing would be Rs 9000 and for physical filing fees would be Rs 10000

Yes, the Trademark can be registered online through the e-filing gateway available at the official website. However, it can also be filed physically at the front office counter of the respective office or can be sent by post.

An application for registration of the mark can be made by any person claiming to be the owner or proprietor or user of the specific mark. Further, he/she must have the intention to use that mark. For instance, If X is using the mark which is unregistered though it has gain significant place in the mark then Y cannot make an application for registration of X’s mark without having any intention to use that mark just to harass X.

Yes, foreign proprietors can also make an application for registration of their mark in India provided it is well-known and it has reached to Indians.

The same can be known through a public search on the trademark official portal i.e. http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. Alternatively, the Registrar can be requested for preliminary advice in Form TM-M along with the requisite fees as well.

The procedure for registration of trademark is as following:

  • Application: The application for registration of a trademark shall be filed in Form TM-A.
  • Scrutiny of mark (Objection): The scrutiny of the mark is done by the Registrar and if found satisfactory, he shall publish the same in the Trademark Journal or else issue examination report i.e. objection.
  • Issue of Examination Report: An examination report stating the grounds due to which the trademark shall not be considered for registration is issued by the Registrar generally within 15-20 days of filing the application.
  • Advertisement in Indian Trademark Journal: An application is advertised in the trademark journal so as to invite the public for filing an opposition for the mark.
  • Opposition: The time period to file a notice of opposition is four months from the date of advertisement of the mark in trademark journal.
  • Registration: Where no opposition is filed within the specified time, the application shall proceed to registration.

Normally, it takes 8-10 months for a trademark to get registered. But in case there in an objection or opposition, then it may be anywhere from almost a year to several years, depending upon the basis of legal issues that may arise.

Following marks can be registered as a Trademark in India:

  • Word Mark: A Word mark consists of word and combination of words, numbers and symbols in standard form e.g.: Nike
  • Device Mark: Device mark means logo or label or word or combination of words used with specific style or format or shape, e.g.  or
  • Colour: Colour mark consist a specific colour or combination of colors to indicate the usage or origin of Goods or Services.
  • Three-Dimensional Mark: It is used the where the product has particular shape and it is well indicated in three-dimensional mark.
  • Sound mark: A sound can be so distinctive to indicate something that’s why it becomes necessary to protect such sound mark.