Trademark Registration

OVERVIEW

Building a remarkable brand? Let’s protect it with TM

Greetings! We acknowledge your hard work and commitment in establishing your brand. That's why we're here to ensure that you obtain exclusive ownership. The Trademark Act of 1999 provides the opportunity to register your logo, slogan, shape, packaging, sound, smell, color combinations, and more, enabling your brand to stand out. We welcome you to our affordable and trouble-free online trademark registration service in India! Safeguard your valuable brand with our swift online process. Our team of professionals will lead you through the entire process of trademark registration, ensuring that your brand is legally protected. Don't take chances with your brand. Our team will make sure that your trademark application is filed accurately in less than three days.


BENEFITS

Benefits of Trademark Registration in India

Guards the Commercial Goodwill

The proprietor of a trademark holds the right to develop, establish, and defend the reputation of their goods or services. They can prevent other merchants from unlawfully using their trademark and even file a lawsuit against the infringer for damaging the brand's name and claim compensation for any violation.

Advertises Goods and Services

Trademark registration gives a distinct identity to the company or its products and services, aiding in brand recognition and creation. Trademarks are vital for most companies as they form the basis of their identity, playing a significant role in advertising and enhancing brand value.

Legal Protection

Registering a trademark grants its proprietor legal protection in the event of infringement. Failure to register a trademark may result in the original brand name's owner being unable to seek legal recourse.

Creation of an Asset

Trademark registration in India generates an intangible asset. Registered trademarks can be sold, assigned, franchised, or commercially contracted, providing advantages to the company or individual owner.


ONLINE REGISTRATION

Documents required to Register a Trademark


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Proof of Applicant

PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)

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Brand Name & Logo

The logo must contain the Brand Name applied to register a Trademark

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User Affidavit

If a specific user date is to be claimed, the user affidavit is also required to be submitted

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Proof of TM Use

To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided

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MSME / Start-up Recognition

Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee

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Signed Form TM - 48

TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature


Make Application in 3 Easy Steps

1. Follow Quick Process
  • Pick the best suitable Package
  • Spare less than 10 minutes to fill out our online Questionnaire
  • Upload required documents
  • Make quick payment through our secured gateways
2. Experts at LW are here to help
  • Assigned Relationship Manager
  • Consultation for right TM Class
  • Trademark Search Report
  • Drafting of Documents
  • Preparation & Filing of Application
3. Start Using TM now!
  • All it takes is 3 working days*
*Subject to Government processing time

Procedure to Register a Trademark

DAY 1 - Collection
  • Discussion and collection of basic Information
  • Provide Required Documents
  • Select appropriate Class
  • Trademark Search & Availability Check
DAY 2 - Execution
  • Drafting of Documents by Professionals
  • Franking on Power of Attorney
DAY 3 - Submission
  • Filing of online TM application
  • Sharing the filed application & receipt
DAY 4 - Start using TM
  • You can now legally start using ™ beside your logo or brand



All You Need to Know Before Applying for TM Registration

Frequently Asked Questions


Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying prescribed Government fee.

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.

Trademark registration process in India consists of the following main components before the Trademark is granted: Trademark application in the right class, with all the correct details. Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos. Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi. An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed. Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal. “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed. Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.

It includes t the drafting of entire trademark application along with the guidance for appropriate classes. Moreover, the final filing using the Ministry Registered Attorney is also covered under the service offering of Trademark Application.

The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

Yes, one can apply for registration under multiple classes in one single application.

For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. Individual or Start-ups, for each class the government fees of Rs. 4,500 is to be paid. For all other cases, the Government fee of Rs. 9000 is to be paid. For example, if an individual applies for a trademark application under 3 classes, the Government fee will be Rs. 13,500

Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.