Recognized by Govt. of India
Obtain Seamless Online Trademark Registration with Expert Consultation
Trademark registration grants exclusive rights to protect your brand's logo, symbol, and words, ensuring its identity is safeguarded. Protect your brand effectively with our trademark registration services.
When a brand name or logo is marked with TM, it signifies that the trademark application has been filed and is currently undergoing the registration process. The TM symbol can be used alongside the brand name or logo from the time the application is filed until the registration is finalized. Once the registration is completed, the TM symbol is replaced by ®, indicating that the trademark registration is fully processed and valid for 10 years.
Secure Your Brand Name by Registering Your Trademark with Perfection Consulting India
The registration of a trademark is crucial for protecting your brand name from unauthorized usage. It ensures that the rights associated with the brand name are legally secured. At Perfection Consulting India, we facilitate the process of trademark registration to safeguard your brand identity and prevent infringement by others.
Understanding the Eligibility Criteria for Trademark Registration
In India, individuals, proprietors, corporations, or any other legal entities can apply for trademark registration if they claim ownership of the trademark. Upon registration, the "TM" symbol can be used immediately, and the trademark application process typically takes 6-8 months for registration, barring any objections raised by the Registry. If objections are raised, the process might extend up to 18 months. Once registered, the trademark holder can use the registered symbol "®." Trademark registration remains valid for ten years from the date of registration and must be renewed timely.
Who is Eligible for Trademark Registration
1
Individual ApplicantsAn individual who is not currently engaged in business activities can apply for trademark registration for a brand name or logo intended for future use.
2
Joint ProprietorsIn the case of joint ownership of a firm, both proprietors can jointly apply for trademark registration, and both their names can be listed in the application.
3
Partnership FirmsPartnership firms with up to 10 members must include the names of all partners in the trademark application. Additionally, if a minor partner is involved, the name of the minor's guardian should also be included.
4
Limited Liability Partnerships (LLPs)LLPs must file trademark applications in the name of the LLP itself, as it is a distinct legal entity. All partners' names must be included in the application.
5
Indian CorporationsIndian companies, whether private limited, public limited, or any other type, must file trademark applications in their own name, as each corporation has its own legal identity. Directors of the company cannot be trademark applicants.
6
Foreign CorporationsForeign companies applying for trademarks in India must use their registered corporate name from their home country. The application must specify the type of registration, the government, and the applicable laws. Additionally, it must mention the Indian business address.
7
Societies or TrustsTrademark applications filed on behalf of a trust or society must mention the managing trustee, chairman, or secretary of the trust or society.
Types of Trademarks in India
The following are the types of trademark registrations available in India:
1
SERVICE MARKA service mark represents a service rather than a product. Its primary function is to distinguish the services of its owners from those of others. Trademark applications filed under trademark classes 35-45 may be classified as service marks as they represent services.
2
MARK IN THE SERIESThese marks are registered for use before or after a series of items that share a common suffix, prefix, or symbol.
3
SOUND MARKA sound mark is a sound associated with a product or service that originates from a specific provider. Sound logos, also known as audio mnemonics, are often heard at the beginning and end of advertisements.
Importance of Trademark Registration in India
Understanding the significance of trademark registration in India is pivotal for safeguarding intellectual property rights and fostering brand recognition. Here's a comprehensive overview:
Exceptional Rights
The trademark registration confers unparalleled control to the owner, enabling exclusive usage across designated classes. This empowers owners to prevent unauthorized usage and take legal action against infringement.
Increases Trust and Loyalty
Registered trademarks instill confidence and loyalty among consumers by symbolizing quality and reliability. They foster long-term relationships with customers, enhancing brand loyalty and market recognition.
Product Differentiation
Trademark registration aids in product differentiation, enabling easy identification amid competition. It serves as a powerful advertising tool, communicating a company's vision, quality, and uniqueness.
Gives a Sense of Identity to a Product's Quality
Registered trademarks provide tangible proof of product or service quality, fostering consumer trust and loyalty. They serve as a hallmark of excellence, attracting new customers and retaining existing ones.
Creating Assets
Trademark registration endows businesses with valuable intellectual property assets, which can be leveraged for various purposes like licensing, franchising, or economic contracts. It also enhances the company's financial standing by serving as an intangible asset.
Use of the ® Symbol
Upon registration, the trademark owner can use the ® symbol, signifying exclusive rights and deterring unauthorized usage. It provides legal recourse against infringements, ensuring brand protection and integrity.
Protect Against Infringement
Trademark registration empowers owners to obtain injunctions against unauthorized usage and prevents competitors from exploiting the brand. It serves as a shield against infringements, safeguarding brand reputation and market share.
Ten Years of Low-Cost Protection
Trademark registration offers affordable, long-term protection, ensuring sustained brand identity and recognition. The renewal process, due every ten years, maintains the brand's distinctiveness and legal rights.
Global Trademark Registration
Registered trademarks in India provide a strong foundation for global recognition and expansion. Leveraging the goodwill accumulated, businesses can extend their trademark protection internationally, enhancing brand visibility and credibility.
Recruit Human Resources
Established brands with trademark protection attract top talent, reducing recruitment costs and enhancing workforce quality. Trademark registration portrays a positive image, making the company an employer of choice among job seekers.
Background of Trademark Registry
The inception of the trademark registry dates back to 1940, culminating in the enactment of the Trademark Act in 1999. Serving as the operational arm of the Act, the trademark registry oversees its implementation and compliance.
Headquartered in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata, the trademark registry administers trademark laws across the country. Before registration, trademarks undergo rigorous scrutiny to ensure compliance with statutory requirements.
Understanding Trademark Classes
Trademark classes categorize goods and services into 45 distinct classes. The selection of appropriate classes is crucial as it determines the validity of your trademark for your company's products or services. If your company offers products or services that fall into multiple classes, ensure that you file for a trademark under all relevant classes.
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Some common trademark classes in India include:
- Class 9: Includes mobile software (Apps) and electronics.
- Class 25: Covers readymade clothing.
- Class 35: Encompasses business management, advertising, online retailing or wholesaling, and e-commerce.
- Class 41: Involves education and entertainment.
Steps in the Trademark Registration Process
The process of trademark registration involves several steps:
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Choosing a Unique Trademark
- For Non-startups: If you're not a startup, small business, or individual, the fee is Rs. 9,000 (e-filing) or Rs. 10,000 (physical filing).
- For Startups: Individuals, small businesses, and new businesses pay Rs. 4,500 (e-filing) or Rs. 5,000 (physical filing).
It's crucial to select a distinct mark that represents your organization. Determine the appropriate class for your goods or services from the 45 available classes.
Conducting a Trademark SearchBefore proceeding, conduct a search to ensure your mark isn't already registered. This can be done online or with legal assistance.
Submitting the ApplicationComplete Form TM-A for filing your trademark application. The application fee varies based on your business status and filing method.
Ensure accuracy when filling the form to avoid delays or rejection. Provide an image of the trademark and submit required documents as per the guidelines.
Vienna CodificationAfter filing the application, the Trademark Registrar will categorize the mark's figurative components according to the Vienna Classification.
Documents Needed for Trademark Registration
Applicant’s / Company Name
Business Type
Business Details
Brand/logo/slogan name
Office / Business address
The following documents are required:
- Form-48 has been signed. (Power of Attorney/Vakalatnama)
- Signatory identification evidence
- Proof of the signatory's address
- Business validation (depends on the type of business)
- MSME registration certificate/Udyog Aadhar (optional)
The documents that are required for trademark registration-
- Name of the applicant
- Type of business
- Nature of business (specific goods/services)
- Name of a brand/logo/slogan
- Registrant's mailing address with PIN CODE.
A trademark is a distinct identity that distinguishes your organisation, product, or service from the competition. A registered trademark is the intellectual property/intangible asset of your company. It safeguards your investment in building client trust and loyalty.
Registration of a trademark gives you the ability to sue anybody who attempts to replicate your trademark and prohibits others from using an identical trademark to the one you registered.
Professional Fees
Basic
- Professional Fee: INR 1999
- Trademark Application Filing
- Free Class Search
- Free TM Consultation By expert
- Drafting & Filing by TM Expert
- Use TM next to your brand
- EMI Facility
- Call, Chat, Email Support
- No hidden charges
Standard
- Professional Fee: INR 4999
- Add 2 Directors having DSC and DIN to the Board of Directors.
- Trademark Application Filing
- Creative Logo Design By dedicated Logo Designer
- Expertise TM Search Report
- Free Class Search
- Free Consultation till you get TM Mark
- Drafting & Filing by TM Expert
- Use TM next to your brand
- EMI Facility
- Call, Chat, Email Support
- No hidden charges
(3 Logo design choices) Click here
Premium
- Professional Fee: INR 11999
- Trademark Application Filing
- Expertise TM Search Report
- Free Class Search
- Free Consultation till you get TM Mark
- Drafting & Filing by TM Expert
- Use TM next to your brand
- Trademark Objection Reply
- Trademark Hearing
- EMI Facility
- Call, Chat, Email Support
- No hidden charges
All In One
- Professional Fee: INR 14999
- Trademark Application Filing
- Creative Logo Design By dedicated Logo Designer
- Expertise TM Search Report
- Free Class Search
- Free Consultation till you get TM Mark
- Drafting & Filing by TM Expert
- Use TM next to your brand
- Trademark Objection Reply
- Trademark Hearing
- EMI Facility
- Call, Chat, Email Support
- No hidden charges
(3 Logo design choices) Click here
Trademark Registration & Disputes
- Professional Fee: INR 3999
- Trademark Application Filing
- Expertise TM Search Report
- Free Class Search
- Free Consultation till you get TM Mark
- Drafting & Filing by TM Expert
- Use TM next to your brand
- Trademark Objection Reply
Advantages of Registering Trademarks
The registration of Trademark gives you the exclusive right to use of the registered trademark and indicate so by using next to your brand name
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Registering a trademark ensures that competitors will not use it and hence the customers will not get confused.
Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.
For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established goodwill in the Country.
It helps in creating permanent customers who are loyal and always opt for the same brand.
Trademark Registration Process
How We Work?
01
Fill out the form and make the payment.
02
We will search the class of your brand by trademark expert
03
We will draft the authorizattion letter (Form-48)
04
Upload the Required Documents
05
Our expert will file the TM Application
06
Congratulations! You can use now TM next to your Brand
Why Us?
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Frequently Asked Questions (FAQs)
Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.
A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market. It also indicates the source of the products or services.
The TM logo indicates an unregistered trademark which is still distinguished from similar products or services. According to the Trademark Act, an unregistered Trademark does not get total protection and cannot prevent a third party from using the same mark.
Filing a Trademark application usually takes around 18-24 months.