Trademark Registration

Too many eyes on your Logo/Brand Name? 

Let CCL Trademark Attorneys help you in Trademark Registration.

What is Trademark?

A trademark is mark in trade/business which is a visual symbol in the form of a Word, Name, Slogan, Device, Label or Numeral Combination used by a business or person to establish its brand value and recognition in the market and at the same time to distinguish its goods or services from that of other similar goods or services. Most of the business owners including startups today want to secure their brand name and logo so that their efforts do not go wasted.

However, most people think that by just filing TM Application in TM-A under the prescribed Trademark Classes are all that is required. They just file the application form on their own or through some marketing consultants with zero knowledge of IP and think their job is done; which is actually not. Filing for Trademark Registration is just 25% of the work in getting trademark registration certificate. The real task or say challenge starts after filing of trademark application where it is mandatory to have docketing of trademark application in professional manner to continuously check on the trademark application status that gets changed to some of the most common stages like send to vienna codification, formalities chk pass, accepted, objected, ready for show cause hearing, accepted & advertised, opposed before it gets registerd as a trademark.

In fact, Trademark Objection is quite a common thing in the process of Trademark Registration where it is mandatory to file file Reply to examination report (MIS-R) within 1 month or apply for the hearing. In case, Trademark Registry is not satisfied with the reply, they give Trademark Hearing, popularly known as ready for show cause hearing. However, with proper Trademark Search Report, we can mitigate the chances of facing trademark objections under section 9 and 11 of Trade Marks Act, 1999.

Do we need to visit Govt Office of Trademark Registry for filing Trademark Registration?

Application for trademark filing can be done by CCL Trademark Attorneys online. After we file TM-A, we send you the trademark acknowledgement receipt on successful payment of trademark fees. Normally, within 2 working days, application number is generated for your trademark along with challan after which your business can start using a TM symbol next to your logo or brand name. Our IP team helps you track the application till its disposal so that you are well informed about the current status. For your information, the complete trademark registration process can take anywhere between 12 to 24 months.

Learn on the Stages of Trademark Registration in India.

Importance of Trademark

A trademark, as defined under the Indian Trademarks Act of 1999 (Section 2(zb), is a symbol, word, or combination of these that distinguishes products or services from those of competitors. It can include logos, slogans, colors, shapes, sounds, or even smells associated with a brand. The primary purpose of a trademark is to provide a unique identity to goods or services in the marketplace, enabling consumers to identify and distinguish between various products or services.
 
In India, we all have seen Adibas in the place of Adidas, Bilseri in the place of Bisleri, Samsang in the place of Samsung, and the list goes on. Those customers who are not well aware about the distinction of the product think that the company has compromised with the product quality, and it tarnishes the image of the brand value. To save from this malpractice, business owners always prefer to secure their brands by getting their trademark registration certificate. To protect a trademark from being copied by others, the business owners find it easy to get the same registered.
 
A product's identity is crucially defined by its brand elements, including its name, logos, and distinctive packaging. These elements collectively form what we know as a trademark. Trademark Applicaiton in TM-A is not just a legal formality but a strategic step to secure your market identity and prevent unauthorized use by competitors. 
 

 

Trademark Registration offers several key benefits to businesses and individuals:

  • Exclusive Rights: Once registered, a trademark grants the owner exclusive rights to use the mark concerning the goods or services it covers. This exclusivity helps in building brand recognition and customer loyalty.
  • Legal Protection: Registration provides legal protection against unauthorized use of the trademark by others. It allows the trademark owner to take legal action against infringement and seek remedies such as damages or injunctions.
  • Asset Value: A registered trademark is an asset for a business, enhancing its market value and serving as collateral for loans or investments.

  • Global Protection: Trademark registration can be extended to other countries through international treaties like the Madrid Protocol, providing broader protection for businesses operating internationally.

  • Ability to Use ® Symbol: Upon receiving successful trademark registration certificate, you can proudly display the ® symbol next to you logo.

Who Can Apply for Trademark Registration?

Trademark registration in India is open to a wide range of entities and individuals, including:

  • Individuals
  • Partnership Firms
  • Companies (Private Limited, Public Limited)
  • Limited Liability Partnerships (LLPs)
  • Societies/ Trusts
  • Foreign Companies

 

Is Company Registration or LLP Registration required before filing Trademark Registration?

No, Company Registration or LLP Registration is not required before filing for Trademark Registration. Even individual founders building products or services in stealth mode can secure their brand by filing a trademark application in their name. This allows them to protect their intellectual property without a formal company structure. To file, they only need to provide basic documents such as PAN and Aadhaar to a Trademark Attorney at Compliance Calendar LLP, and we guide them through the application process. This early registration ensures brand security and exclusive rights even before a business entity is established.

Different Types of Trademark in India

Trademark registrations in India are categorized into various types, each serving different purposes:

  • Product Mark: Used for goods or tangible products, such as electronics, clothing, or packaged goods.
  • Service Mark: Identifies services offered by businesses, such as consulting, entertainment, or educational services.
  • Collective Mark: Represents a collective group or organization, indicating specific characteristics or standards of products or services associated with that group.
  • Certification Mark: Indicates compliance with specific standards or quality requirements set by the certifying body. It assures consumers of the quality or origin of the products or services.
  • Shape Mark: Protects the distinctive shape or packaging of a product, making it recognizable to consumers.
  • Sound Mark: Represents a unique sound or musical jingle associated with a product or service, such as the iconic sound logo used in commercials.
  • Pattern Mark: Protects unique patterns or designs used on products, ensuring they are distinguishable from others in the market.

Each type of trademark registration caters to different business needs and enhances brand recognition in the marketplace. To understand more on this, you can book a consultation call with one of our trademark attorney.

Documents Required for Online Trademark Registration in India

The documents needed for trademark registration vary based on the type of applicant:

  • Individuals: Proof of identity like PAN card and Aadhar card.
  • Companies: Certificate of incorporation and anyone Direcor KYC.
  • Partnership Firms: Partnership deed, Firm PAN and KYC of Partners.
  • LLPs: Certificate of incorporation and KYC of Designated Partners.
  • Trust/Societies: Trust Deed, MOA, PAN and Authorised Person KYC.

Procedure for Online Trademark Registration in India

The trademark registration process in India typically involves several key steps:

  • Trademark Search: Conduct a Trademark Search to ensure the availability of the desired trademark and assess potential conflicts with existing trademarks.
  • Document Preparation: Gather necessary documents and information, including proof of identity, address, and details of the trademark to be registered. Preparation of Power of Attorney in the Attorney Name.
  • Filing of Application: Submitting the trademark application along with the required documents to the Trademark Registrar Online. One can also choose to file offline but that is long process and costlier.
  • Trademark Examination: The Trademark Registrar examines the application to ensure compliance with legal requirements and conducts a search for prior conflicting trademarks with Examination Report.
  • Publication: If the application meets all requirements, it is published in the Trademark Journal to invite public oppositions if they feel that accepted trademarks are similar to their marks.
  • Trademark Opposition: After publication of trademark, the registry gives 4-month time period to any third party to oppose your trademark. If no Trademark Opposition is raised within the specified period of 4 months, the trademark proceeds to registration.
  • Registration: Upon successful completion of the examination and publication stages, the trademark registration certificate is issued to the applicant by Trademark Registry of Mumbai, granting exclusive rights to use the trademark.

Govt. Fees for Filing Trademark Application

For every trademark application that an applicant files under any trademark class, it is considerered to be a separate application and Tradeamark Registry takes fess of each application while filing Form TM-A. For example, a restaurant business will generally file trademark application in Class 43 (Category Class for Hotels and Restaurants) and Class 35 (Secondary Class for Online Sales, Advertising, Marketing, Business management etc). 

Many applicants choose to file trademarks under Class where it is required to select number of trademark classes and it is multiplied by the given amount. The Governement fees also vary depending on the type of trademark applicant. You may refer the to the below table that talks about the type of applicant and applicables fees in online as well as physical filing mode. 

Type of Applicant Online Filing Physical Filing
Individual/ Proprietorship Firm  INR 4500  INR 5000
Partnership Firm, Company, LLP and Others  INR 9000  INR 10000
Small Enterprises (MSME) and Startups holding DPIIT Recognition Certificate  INR 4500  INR 5000

The Trademark Classification spans 45 distinct classes:

To find out the correct trademark class is important to securing the best protection for your brand. Each trademark application is categorized into specific classes, covering various goods and services, ensuring your trademark aligns precisely with your business activities.

Classes 1-34 cover goods, while Classes 35-45 cover services.

 

Trademark Classes for Goods


Classes

Categories

Description

Class 1

Chemicals

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2

Paints

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

Class 3

Cosmetics and Cleaning

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

Class 4

Lubricants and Fuels

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5

Pharmaceuticals

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6

Metal Goods

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7

Machinery

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8

Hand Tools

Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9

Electrical and Scientific Apparatus

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus

Class 10

Medical Apparatus

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials

Class 11

Environmental Control Apparatus

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12

Vehicles

Vehicles; apparatus for locomotion by land, air or water

Class 13

Firearms

Firearms; ammunition and projectiles; explosives; fireworks

Class 14

Jewelry

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

Class15

Musical Instruments

Musical instruments

Class 16

Paper Goods and printed matter

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks

Class 17

Rubber Goods

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18

Leather Goods

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19

Non- Metallic Building Material

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20

Furniture and Articles Not Otherwise Classified

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21

Houseware and Glass

Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22

Cordage and Fibers

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials

Class 23

Yarns and Threads

Yarns and threads, for textile use

Class 24

Fabrics

Textiles and textile goods, not included in other classes; bed and table covers

Class 25

Clothing

Clothing, footwear, headgear

Class 26

Fancy Goods

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27

Floor Coverings

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28

Toys and Sporting Goods

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29

Meat and processed Foods

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats

Class 30

Staple Foods

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

Class 31

Natural Agricultural products

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt

Class 32

Light Beverages

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33

Wines and spirits

Alcoholic beverages (except beers)

Class 34

Smoker’s Products

Tobacco; smokers’ articles; matches

 

Trademark Classes for Services


Classes

Categories

Description

Class 35

Advertising and Business

Advertising; business management; business administration; office functions

Class 36

Insurance and Financial

Insurance; financial affairs; monetary affairs; real estate affairs

Class 37

Business and Construction

Building construction; repair; installation services

Class 38

Telecommunication

Telecommunications

Class 39

Transportation and Storage

Transport; packaging and storage of goods; travel arrangement

Class 40

Treatment of Material

Treatment of materials

Class 41

Education and Entertainment

Education; providing of training; entertainment; sporting and cultural activities

Class 42

Scientific and Technology services

Education; providing of training; entertainment; sporting and cultural activities

Class 43

Hospitality

Services for providing food and drink; temporary accommodation

Class 44

Medical, Beauty and Agriculture Services

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45

Personal and Legal services

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals

Trademark Renewal and Maintenance

Once registered, a trademark remains valid for ten years from the date of application. To maintain its validity, the trademark must be renewed every ten years by filing a Trademark Renewal with the Trademark Registrar. Failure to renew the trademark can lead to its removal from the register, forfeiting exclusive rights.

Trademark Post-Registration Services

Beyond registration and renewal, trademark owners may require additional services:

  • Trademark Assignment: Transferring ownership of a registered trademark to another entity is Trademark Assignment. 
  • Trademark Licensing: Allowing another party to use the trademark under specified conditions.
  • Trademark Enforcement: Taking legal action against Trademark Infringement or unauthorized use of the trademark.

How Can We Help you in Your Trademark Registration?

Our IPR Attorneys specializes in assisting businesses and individuals with trademark registration and related services. Our diverse services include:

  • Trademark Search: Conducting thorough searches to ensure the availability and uniqueness of trademarks.
  • Application Filing: Expertly preparing and submitting trademark applications to the Trademark Registrar on behalf of clients.
  • Examination and Publication: Managing the Trademark Examination process and responding to objections, if any, raised by the Trademark Registrar or third parties.
  • Renewal and Maintenance: Assisting with trademark renewal applications and providing ongoing support for trademark management.
  • Legal Representation: Offering legal advice and representation in trademark disputes, oppositions, and litigation proceedings.

Protect your brand today with Compliance Calendar ® and ensure the longevity and exclusivity of your trademarks in India. Contact us at info@ccoffice.in or WhatsApp/ Call at +91 - 9988424211 today.

Have Queries? Talk to us!

  

Frequently Asked Questions

A trademark is a recognizable sign, design, logo, or expression that identifies and distinguishes the source of goods or services of one party from those of others.

Registering your trademark provides legal protection, exclusive rights to use the mark, enhances brand recognition, and can deter others from using similar marks.

You can conduct a trademark search using databases provided by trademark offices to check if similar trademarks are already registered or applied for.

The process generally involves choosing a unique mark, conducting a search, filing an application in TM-A, and responding to any objections or oppositions.

Documents depend largely on the type of applicant. For individuals, PAN and Aadhar are sufficient. For others, Organisation Proof is required.

Trademark protection can last indefinitely, provided that the trademark is used continuously and renewal fees are paid at regular intervals, typically every 10 years.

Yes, slogans and colors can be trademarked if they are distinctive and serve to identify the source of goods or services, but the registration may be more complex.

If someone infringes on your trademark, you can send a cease-and-desist letter, negotiate a settlement, or take legal action to protect your rights.

The cost depends on the type of applicant (individual, startup, or company) and whether you are applying online or through an agent. Fees generally range from ₹4,500 to ₹9,000 per application.

The full registration process may take 12-24 months, depending on objections and oppositions. However, you can start using the TM symbol within 48 hours of filing.

Yes, you can file a combined trademark application for both a logo and a brand name or apply for them separately for broader protection.

Trademark classes categorize goods/services for registration purposes. Choosing the correct class is crucial, as it ensures protection in the relevant business category.

You can track your trademark application status online through the IP India Trademark Search portal by entering your application number.

Minor changes, like address updates, can be made in TM_A, but significant changes (such as modifying the mark itself) require a new application.

If opposed, you have the right to respond and provide evidence supporting your mark. The Registrar will decide based on the opposition hearing and documentation provided.

No, trademark protection is country-specific. To protect a mark internationally, consider applying under treaties like the Madrid Protocol for multi-country registrations.

Yes, sure. We have a team of IP Experts who take care of trademark registration services. You can reach out to us at 9988424211 or email us at info@ccoffice.in and one of our trademark attoryney will speak with you.

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