Updated on September 25, 2024 04:43:16 PM
Trademark Registration in India is a crucial legal process through which a brand can be officially registered. It holds great significance for the success of a company, as it helps individuals and businesses establish their unique brand presence and stand out in the competitive commercial landscape. Read through the Page to know more about the Trademark Registration procedure in India.
The process of Trademark Registration in India is intricate and time-consuming, involving various steps such as conducting a search report, filing an application, addressing objections, and more. This article aims to provide a comprehensive overview of the entire procedure involved in registering a Trademark (TM) in India.
Trademark Sample Certificate
A Trademark is a visual representation, such as a logo, that sets a product or brand apart from others, making it unique. Its purpose is to establish a recognizable image of a business in the marketplace. Trademarks can take various forms, including symbols, patterns, colours, shapes, or words.
In India, Trademarks can be registered under "The Trademark Act, 1999," offering brand owners legal protection and exclusive rights. The primary objective of Trademark Registration is to distinguish a product or service from others in the same industry. By Trademarking a brand, the confusion arising from similarities can be avoided.
Numerous things, including the following, may be registered as Trademarks in India:
In India, Trademark Registration is open to everyone. They might be:
Before applying for a Trademark, it is crucial to conduct a thorough search to ensure its availability. This search helps minimize the chances of application rejection. It is advisable to seek professional assistance to conduct a comprehensive Trademark search.
Filing the Trademark application is the initial step towards Trademark Registration in India. During this stage, the applicant must provide accurate information about their product or service. It is essential to have a good understanding of the product or service and select the appropriate Trademark classes. Filing the application with incorrect classes increases the risk of rejection.
Upon filing the application, the applicant can start using the ™ symbol alongside their brand, indicating that the Trademark Registration process is underway. This symbol signifies that the applicant is claiming rights to the Trademark.
Once the application process is completed, it undergoes examination by the Trademark Department, specifically the Controller General of Patent, Design & Trademark. During this stage, the department reviews the application to identify any similarities with existing marks. If the registrar finds any similarities, they will send a notice for a reply. If no similarities are found, the application moves forward for advertising in the journal.
At this stage, the Trademark Application is advertised in the journal, making it public. Anyone has the right to raise objections within a period of three months if they believe the applied Trademark is similar to an existing one. If no objections are raised, the application is accepted and registered.
If objections are raised within the three-month period, the application enters the opposition process. A hearing is conducted by the department, where both parties are given an equal opportunity to present their arguments. They can submit relevant statements and evidence to support their respective positions. If the registrar finds the applicant's statements and evidence acceptable, the applied Trademark is approved and registered. Otherwise, the application is rejected.
This is the final stage of Trademark Registration in India. If the applied Trademark does not face any objections or opposition, it receives a Registration certificate. Once the Registration certificate is obtained, the applicant gains legal rights over their Trademark and can use the circled R symbol (®) to indicate that it is a registered Trademark.
Note: The applicant must renew their Trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of legal protection and additional charges for delayed renewal.
The cost of Trademark Registration in India starts at ₹4500, which is Govt fee and the professional fee will be charged additionally.
| Steps | Online Government fees | Offline Government fees |
|---|---|---|
| TM Registration fees for individuals | 4500 | 5000 |
| TM Registration fees for company | 9000 | 10000 |
| TM Amendment fees | 900 | 1000 |
| Trademark Renewal fees | 9000 | 10000 |
| Trademark Restoration fees | 9000 | 10000 |
| TM Belated Renewal fees | 12000 | 13000 |
| TM Rectification fees | 9000 | 10000 |
| Trademark Opposition process fees | 2700 | 3000 |
| Hearing fees of TM registration | Nil | Nil |
| Fees for Reply to TM Examination Report | Nil | Nil |
Trademark registration fees in India depend on the number of classes that the applicant wants to include. Government TM registration fee is different for online and offline. The basic online cost of the government for registration is 4500/- and the offline cost is 5000/- only.
Here is the complete list of documents required for Trademark Registration in India:
A complete and appropriate set of documents is essential for the Trademark Registration in India, as insufficient information increases the possibility of rejection of a trademark application.
The following are some parameters that the applicant should keep in mind while registering a Trademark in India.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
.svg)
Trademark Registration in India is a complex and lengthy procedure that offers extensive legal protection to brand names, ensuring a distinct identity among consumers. Trademark Registration in India plays a crucial role in enhancing brand recognition and fostering consumer loyalty.
By registering a Trademark, businesses gain the exclusive right to use their logo, name, or symbol throughout the country. This prevents others from using a similar mark for their commercial purposes, providing assurance and safeguarding the brand's reputation.
Consult with professionals at Professional Utilities for the purpose of Trademark Registration and reduce your chances of Rejection of Trademark approval. Contact a Professional Now!
>The required Registration Fees for Trademark Registration in India is ₹4500 per class for individuals and ₹9000 for companies.
>There are several steps involved in trademark registration in India, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a registration certificate.
The Required documents for Trademark Registration in India are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.
Any person or corporate entity is qualified to register a Trademark in India, but their Trademark must be distinctive from those that are already registered.
Speak Directly to our Expert Today
Reliable
Affordable
Assured
Call us on
+91 9821113117
[Mon - Sat, 10am - 7pm]
Write to us
809, 8th Floor, Madhuban Building,
Nehru Place, New Delhi - 110019
Reliable
Affordable
Assurity
They've been very helpful in our registration with ICEGATE. It was a small thing with a small amount paid which somehow escalated to a very painful procedure. Never did they say "You've only paid so much. It's too much effort for us.".
Very pleased with their service. Prompt, professional and great communication. Definitely recommend. Special mention for Ms. Razia - she handled our case.
Professional Utilities is fully professional in their work, Rates are too low and genuine. Services and satisfaction are high so I highly recommended Professional Utilities.
They are one of the most genuine and reasonable people. I applied for lmpc certificate through them and they charged me a very nominal amount as compared to what other firms asked .
