Trademark Registration Online: The Complete Process and Cost

Trademark Registration Online: The Complete Process and Cost . Trademark registration in India can be online by filing the TM-A application form to trademark registry. Now, there is no question why registration of a trademark is necessary? Every brand is different and to maintain its uniqueness, you need to ensure that no one else uses your brand reputation. To safeguard the reputation and image of your brand, trademark registration plays a crucial role. 
In India, Section 28 of the Trade Marks Act, 1999 (herein referred as Act) grants exclusive rights to the trademark owners. By exclusive rights it is meant that no third party can use your registered trademark, creating confusion among the customers and consumers. You will be the sole business, individual using your mark, making your mark unique, different for the consumers.  
Now, the Trademark registry has made it easier for every individual and business to file the trademark application online. You may need help from experienced trademark attorneys to register your trademark easily and conveniently. 
Overview of Online Trademark Registration Process
The process of trademark registration in India includes various steps. To register your trademark easily, you need to understand each process in depth.

Pre-Registration Search: It is highly recommended to do an in-depth research regarding your trademark. Ensure that no other similar or identical mark is already registered. The more different and unique your mark will be, the easier and quick your trademark registration process will be.

Filing Application: The trademark application form TM-A needs to be filed with the trademark registry, to initiate the process of trademark registration for your mark.

Documents Required: The TM-A form needs to be filed with certain documents, for the registry to examine your mark and business properly. The primary document required for trademark registration are:

A soft copy of the trademark in JPEG format (not exceeding 2MB)

Details of the applicant (name, address, and nationality)

Power of Attorney (if filed through an agent or attorney)

Classification of Goods/Services: The Nice Classification has mentioned 45 classes for goods and services for registration of trademark. You need to properly mention the class of goods or services your business is dealing with for the registration of trademark.

Payment of Fees: The fee for trademark registration in India depends on various factors such as the mode of application, number of classes, and whether the applicant is an individual, startup, or a company. The fee for online filing of a trademark application for a single class by an individual/startup/small enterprise is INR 4,500, and for other entities, it is INR 9,000. Additional fees are applicable for each additional class.

Examination by Trademark Office: After filling your trademark application, the process of trademark examination is conducted by the examiner. They thoroughly examine the filed application as per Section 9 and 11 of the act. If there is no trademark objection stated by the examiner, the mark moves to further process of publishing.

Publication in Trademark Journal: If the trademark application meets all requirements, it gets published in the Trademark Journal. This allows third parties to oppose the registration within a time period of 4 months.

Opposition Proceedings: After publication, if there are no oppositions or if oppositions are decided in favour of the applicant, the trademark proceeds towards registration.

Registration: Upon successful completion of the opposition period of 4 months, the trademark registration certificate is issued by the Trademark Office. The term of registration is ten years, which can be renewed indefinitely by paying renewal fees by form TM-R.

Cost Breakdown for Trademark Registration in India
The process of trademark registration in India involves several costs. Firstly, before filing your trademark application, it's crucial to conduct a search to ensure the availability of your desired trademark. This search can be done either independently using the official trademark search portal, which is free of cost, or by hiring a professional, who may charge fees ranging from INR 1,000 to INR 5,000 or more, depending on the complexity.
Once you're ready to file your application, you'll need to pay the filing fee. This fee varies based on factors such as the mode of application (online or physical), the number of classes, and the applicant category. Typically, the filing fee for online applications is INR 4,500 for individuals, startups, and small enterprises, and INR 9,000 for other entities, with additional charges for each additional class.
You need  to choose a trademark attorney or agent to assist with the trademark application process, who may charge additional professional fees ranging from INR 5,000 to INR 20,000 or more, depending on the complexity of the case and services provided. It is always advisable to seek professional assistance to avoid any legal hassle and long- lengthy trademark procedures or rectification fees. Should there be any trademark opposition to your trademark registration, you may need to spend additional costs for legal representation and related expenses.
Upon approval, you'll receive a registration certificate from the Trademark Office. The fee for obtaining this certificate is typically included in the application filing fee.
Finally, trademark registration in India is valid for ten years from the date of registration and can be renewed indefinitely by paying the renewal fee, which varies depending on the applicant category and the number of classes.
Required Documents for Trademark Application:
When filing a trademark application in India, you need to submit several documents along with the application form. Here's a list of the required documents:
Trademark Application Form: You need to fill out the trademark application form, which is Form TM-A for online applications. This form contains details such as the applicant's name, address, nationality, and details of the trademark.
Soft Copy of the Trademark: A soft copy of the trademark in JPEG format is required to be submitted along with the application. The image should not exceed 2MB in size.
Details of the Applicant: You must provide accurate details of the applicant, including their name, address, and nationality. If the applicant is a business entity, details such as the type of entity (individual, partnership, company, etc.) and registration number is required.
Power of Attorney (if applicable): If the trademark application is filed through an agent or attorney, a power of attorney authorizing them to file the application on behalf of the applicant is required. 
Goods/Services Classification: You need to specify the class or classes of goods/services for which you seek trademark protection. India follows the Nice Classification system, so you must clearly indicate the class or classes relevant to your trademark.
User Affidavit (if applicable): In cases where the trademark has been used prior to filing the application, an affidavit confirming such use is required.
Legal Entity Proof (if applicable): If the trademark applicant is a legal entity such as a company or partnership, proof of registration or incorporation is required.
Authorization Letter (if applicable): In cases where the application is filed by an authorized signatory on behalf of the applicant, an authorization letter is also required.
It's important to ensure that all documents submitted are accurate and complete to avoid any delays or complications in the trademark registration process. Additionally, if the application is filed through a trademark attorney or agent, they will guide you on the specific documents required based on your individual case.
Timeframe for Trademark Registration Approval
The timeframe for trademark registration approval in India typically spans between 18 to 24 months from the date of filing. After submitting the application, it undergoes examination by the Trademark Office, which usually takes around 6 to 12 months. Following examination, if no objections are raised or successfully resolved, the trademark is published in the Trademark Journal, initiating a four-month opposition period. Assuming no trademark oppositions or objections persist, the registration process concludes with the issuance of a registration certificate. However, various factors such as workload and objections may influence the actual duration of the process.
BENEFITS OF TRADEMARK REGISTRATION WITH THE HELP OF TRADEMARK ATTORNEYS
Trademark registration online in India can be conveniently done with the help of experienced and specialised trademark attorneys. Trademark attorneys have professional and in depth knowledge of trademark proceedings, avoiding legal hassle. Moreover, trademark attorneys conduct deep search before trademark application filing to avoid trademark objection or opposition in later stages. In short, trademark attorneys save your time, money and workload.
HOW CAN COMPLIANCE CALENDAR HELP? 
We at Compliance Calendar ensure that we not only register your trademark successfully but also protect it in the long run. Our team of experienced and professional trademark attorneys help businesses and individuals to have an easy and smooth trademark registration process without any hassle. We are a one stop solution for all your trademark needs. Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! For any further clarifications and suggestions, kindly connect on 9988424211 or mail at info@ccoffice.in.

Trademark registration in India can be online by filing the TM-A application form to trademark registry. Now, there is no question why registration of a trademark is necessary? Every brand is different and to maintain its uniqueness, you need to ensure that no one else uses your brand reputation. To safeguard the reputation and image of your brand, trademark registration plays a crucial role.

In India, Section 28 of the Trade Marks Act, 1999 (herein referred as Act) grants exclusive rights to the trademark owners. By exclusive rights it is meant that no third party can use your registered trademark, creating confusion among the customers and consumers. You will be the sole business, individual using your mark, making your mark unique, different for the consumers.

Now, the Trademark registry has made it easier for every individual and business to file the trademark application online. You may need help from experienced trademark attorneys to register your trademark easily and conveniently.

Overview of Online Trademark Registration Process

The process of trademark registration in India includes various steps. To register your trademark easily, you need to understand each process in depth.

Pre-Registration Search: It is highly recommended to do an in-depth research regarding your trademark. Ensure that no other similar or identical mark is already registered. The more different and unique your mark will be, the easier and quick your trademark registration process will be.
Filing Application: The trademark application form TM-A needs to be filed with the trademark registry, to initiate the process of trademark registration for your mark.
Documents Required: The TM-A form needs to be filed with certain documents, for the registry to examine your mark and business properly. The primary document required for trademark registration are:

A soft copy of the trademark in JPEG format (not exceeding 2MB)
Details of the applicant (name, address, and nationality)
Power of Attorney (if filed through an agent or attorney)

Classification of Goods/Services: The Nice Classification has mentioned 45 classes for goods and services for registration of trademark. You need to properly mention the class of goods or services your business is dealing with for the registration of trademark.
Payment of Fees: The fee for trademark registration in India depends on various factors such as the mode of application, number of classes, and whether the applicant is an individual, startup, or a company. The fee for online filing of a trademark application for a single class by an individual/startup/small enterprise is INR 4,500, and for other entities, it is INR 9,000. Additional fees are applicable for each additional class.

Examination by Trademark Office: After filling your trademark application, the process of trademark examination is conducted by the examiner. They thoroughly examine the filed application as per Section 9 and 11 of the act. If there is no trademark objection stated by the examiner, the mark moves to further process of publishing.
Publication in Trademark Journal: If the trademark application meets all requirements, it gets published in the Trademark Journal. This allows third parties to oppose the registration within a time period of 4 months.
Opposition Proceedings: After publication, if there are no oppositions or if oppositions are decided in favour of the applicant, the trademark proceeds towards registration.
Registration: Upon successful completion of the opposition period of 4 months, the trademark registration certificate is issued by the Trademark Office. The term of registration is ten years, which can be renewed indefinitely by paying renewal fees by form TM-R.

Cost Breakdown for Trademark Registration in India

The process of trademark registration in India involves several costs. Firstly, before filing your trademark application, it's crucial to conduct a search to ensure the availability of your desired trademark. This search can be done either independently using the official trademark search portal, which is free of cost, or by hiring a professional, who may charge fees ranging from INR 1,000 to INR 5,000 or more, depending on the complexity.

Once you're ready to file your application, you'll need to pay the filing fee. This fee varies based on factors such as the mode of application (online or physical), the number of classes, and the applicant category. Typically, the filing fee for online applications is INR 4,500 for individuals, startups, and small enterprises, and INR 9,000 for other entities, with additional charges for each additional class.

You need to choose a trademark attorney or agent to assist with the trademark application process, who may charge additional professional fees ranging from INR 5,000 to INR 20,000 or more, depending on the complexity of the case and services provided. It is always advisable to seek professional assistance to avoid any legal hassle and long- lengthy trademark procedures or rectification fees. Should there be any trademark opposition to your trademark registration, you may need to spend additional costs for legal representation and related expenses.

Upon approval, you'll receive a registration certificate from the Trademark Office. The fee for obtaining this certificate is typically included in the application filing fee.

Finally, trademark registration in India is valid for ten years from the date of registration and can be renewed indefinitely by paying the renewal fee, which varies depending on the applicant category and the number of classes.

Required Documents for Trademark Application:

When filing a trademark application in India, you need to submit several documents along with the application form. Here's a list of the required documents:

Trademark Application Form: You need to fill out the trademark application form, which is Form TM-A for online applications. This form contains details such as the applicant's name, address, nationality, and details of the trademark.

Soft Copy of the Trademark: A soft copy of the trademark in JPEG format is required to be submitted along with the application. The image should not exceed 2MB in size.

Details of the Applicant: You must provide accurate details of the applicant, including their name, address, and nationality. If the applicant is a business entity, details such as the type of entity (individual, partnership, company, etc.) and registration number is required.

Power of Attorney (if applicable): If the trademark application is filed through an agent or attorney, a power of attorney authorizing them to file the application on behalf of the applicant is required.

Goods/Services Classification: You need to specify the class or classes of goods/services for which you seek trademark protection. India follows the Nice Classification system, so you must clearly indicate the class or classes relevant to your trademark.

User Affidavit (if applicable): In cases where the trademark has been used prior to filing the application, an affidavit confirming such use is required.

Legal Entity Proof (if applicable): If the trademark applicant is a legal entity such as a company or partnership, proof of registration or incorporation is required.

Authorization Letter (if applicable): In cases where the application is filed by an authorized signatory on behalf of the applicant, an authorization letter is also required.

It's important to ensure that all documents submitted are accurate and complete to avoid any delays or complications in the trademark registration process. Additionally, if the application is filed through a trademark attorney or agent, they will guide you on the specific documents required based on your individual case.

Timeframe for Trademark Registration Approval

The timeframe for trademark registration approval in India typically spans between 18 to 24 months from the date of filing. After submitting the application, it undergoes examination by the Trademark Office, which usually takes around 6 to 12 months. Following examination, if no objections are raised or successfully resolved, the trademark is published in the Trademark Journal, initiating a four-month opposition period. Assuming no trademark oppositions or objections persist, the registration process concludes with the issuance of a registration certificate. However, various factors such as workload and objections may influence the actual duration of the process.

BENEFITS OF TRADEMARK REGISTRATION WITH THE HELP OF TRADEMARK ATTORNEYS

Trademark registration online in India can be conveniently done with the help of experienced and specialised trademark attorneys. Trademark attorneys have professional and in depth knowledge of trademark proceedings, avoiding legal hassle. Moreover, trademark attorneys conduct deep search before trademark application filing to avoid trademark objection or opposition in later stages. In short, trademark attorneys save your time, money and workload.

HOW CAN COMPLIANCE CALENDAR HELP?

We at Compliance Calendar ensure that we not only register your trademark successfully but also protect it in the long run. Our team of experienced and professional trademark attorneys help businesses and individuals to have an easy and smooth trademark registration process without any hassle. We are a one stop solution for all your trademark needs. Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! For any further clarifications and suggestions, kindly connect on 9988424211 or mail at info@ccoffice.in.