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Trademark Registration

A trademark is defined as a unique sign, design or an expression which is related to a product or service that differentiates it from others. Trademark registration is required to protect your unique expression.

* Offer valid for a limited time period only.

  • Trademark Search

    A thorough search of the TM directory will be conducted by us to verify the originality of your trademark.

  • Authorisation Letter Drafting

    You need to provide authorisation to us so that we can file the application for you.

  • Discussion on Class

    We will advise you about the classes under which you have to apply.

  • Final Application

    We will file all the required forms with the Registrar.

  • Regular Updates

    We will keep you updated throughout the registration process.

All You Need to Know About Starting a Company

What is Trademark Registration?

A trademark is defined as a unique sign, design or an expression which is related to a product or service that differentiates it from others. Trademark registration is required to protect your unique expression. The expression can be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell. However, most of the businesses are undergoing trademark registration for their brand name or logo. Trademark owners have complete authority over rights to use it for the categories these have been registered in. There are 45 categories available to choose from and these are called as classes.

Trademark registration provides authority to owners so that they can have their right to the trademark in legal cases and also can earn royalties from it. It helps in preventing piracy of brand names and logos etc. You have to conduct a thorough trademark search to verify the uniqueness of your brand name. In India, to get a ™, it will take at most three days, but it will take up to two years to get it registered so that you can use the ® symbol.

Trademark Registration Online Process

  • Fill up registration form

    You are required to fill up the trademark registration form by providing all the relevant details about your business.

  • Trademark Search

    We will run a through trademark search to check the availability of your brand name or logo. If your brand name or logo has already been trademarked, we will provide our suggestions to you so that you can modify it to some extent so that you do not face any objection by the registrar or a third party.

  • Selection of Class

    Every brand name or logo need to be registered under a particular category. There are 45 categories available to choose from and these are called as classes. For example, cars will be registered under one class whereas restaurants will be registered under another one. We will advise you about the classes under which you have to apply.

  • Getting TM number

    Once you file the trademark application, you will be provided with a TM number from the registrar. This TM number is of quite importance because it helps you track your application and allows you to use the ™ symbol with your trademark. It will be provided to you in at most 3 working days.

  • Affixing the Vienna codification

    The Vienna Classification or Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the trademark registrar will affix a Vienna Classification on your trademark. The application status at this stage will be ‘Sent for Vienna Codification”.

  • Trademark Examination

    The trademark officer will examine your trademark with underlined procedures and guidelines. Based on his judgement, either he can accept the application or raise an objection.

  • Hearing for trademark objection

    If the officer raises an objection for the trademark, you can apply for a hearing before him. If he is satisfied with your clarifications, he will pass on your application to the next stage. If he is not satisfied, he will reject your application. In case you are not satisfied, you can approach the Intellectual Property Appellate Board.

Documents Required for Trademark Registration

The following details will be required for trademark registration: -

  • Name of the applicant
  • Type of Business
  • Main Objectives of the Business
  • Name of the Brand/ Slogan/ Logo
  • Address of Registration

Different Trademark Symbol and Usage

In India, the TM, R and C symbols are commonly used for trademarks. We are providing you the common usages of various symbols.

  • ™ - TM SYMBOL ©
    The ™ - TM Symbol © is used with an unregistered trademark once you file the trademark application. It is used to protect your trademark against infringement of any kind. It does not guarantee that your application will be approved and you will get a registered trademark.

  • ® - R SYMBOL
    You are given the ® - R Symbol to use as soon once you file the trademark application for a trademark with the registrar. You can use this symbol to protect your trademark from an infringement under the trademark laws.

  • © - C SYMBOL
    The © symbol is used for copyrighted content. The content can be related to photography, artwork, films, literary works and books. Most countries in the world, including India have made the © - C Symbol compulsory to use for copyright claims.

    The SM symbol is related to the service industry. This symbol is generally filed under the class 35 - 45. It is generally used with a service mark like banking, legal services, etc. A person with a SM mark is not guaranteed protection under the trademark law just like TM symbol.

FAQs on Trademark Registration

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.
Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.

If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would 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 company. A trademark license agreement is, however, needed in this case.
Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans. Cadbury’s fought hard to maintain exclusive rights to use the colour purple on packaging for chocolate, but ultimately lost the dispute with Nestle. Young start-ups, however, tend only to trademark a word or logo or else register a logo composite mark (when text is included within the logo).
Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.

A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

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