TRADEMARK REGISTRATION

Trademark Registration in India | Process & Documents | Register Trademark

A Trademark is basically a unique sign or expression that helps a company to differentiate its goods or services from those of its competitors. Most businesses put their money on securing protection for their brand name or logo only, but trademarks may also comprise words, slogans, pictures, characters, images, colour combinations, and even sounds. (However, Scent marks are not yet recognized in India.)

Once a trademark is registered, the owner gets the sole rights to use it with the specific goods or services set out in one or more of the 45 trademark classes as per the Nice Classification. A registered mark is a legal one and is considered an intellectual property of the owner, which makes the owner more protected, and they have more power over the brand identity.

Manufacturers and traders who own a trademark can, with the help of trademark registration, easily prove their ownership, thwart the occurrence of misuse, and bring a suit in court against the offender. Furthermore, trademarks that have been registered may be licensed by agreements to other enterprises, giving owners the option to collect royalties. Before filing an application, firms must conduct a thorough trademark search to see if the proposed trade name or logo is not the same as or very similar to that of another mark in the respective class.

In India, a trademark application may be done in a jiffy, and the applicant can start using the ™ symbol shortly after the application. Nevertheless, the full registration and the right to use the ® symbol usually take 12–24 months, depending on the examinations, objections, or opposition.

Trademark protection not only gives a brand more value, but it also stops the brand from being copied and helps the brand to build trust for the future, which is the reason why it is a very important move for every ‍‌‍‍‌‍‌‍‍‌business.

What is Trademark?

Trademarks‍‌‍‍‌‍‌‍‍‌ represent a category of intellectual property which covers any unique word, sign, phrase, design, or mix of these, which is used to identify and differentiate the products or services of one company from those of other companies. In fact, the expression "service mark" refers to those marks which stand for services; however, in India, trademarks and service marks are regarded as one class of ‍‌‍‍‌‍‌‍‍‌trademarks.

Through brand trademark characters, companies inform the public about the legal status of their brand components:

™ shows a non-registered mark for which the owner claims rights.
℠ It is an abbreviation for an unregistered service mark, mainly for service-based brands.
® stands for a registered trademark, which has legal protection under the Trademarks Act.

Trademark types

Trademarks may be in various modes, judging by the manner the brand decides to present itself. The most common categories are as follows:

Based on Distinctiveness

Generic‍‌‍‍‌‍‌‍‍‌ terms – These are the terms that refer to the standard names of products or services and cannot be registered as trademarks.
Descriptive Marks – These are the words which indicate the features or the qualities of the product directly; such marks may be registered only if they acquire ‍‌‍‍‌‍‌‍‍‌distinctiveness.
Suggestive Marks – They merely imply the features of the product and, thus, are automatically protectable.
Arbitrary Marks – Usual words are taken in an unrelated sense; these are very strong and highly protectable.
Fanciful Marks – They are totally new or made-up terms and, therefore, receive the greatest legal protection.

Based on Representation

Word Marks – These are regular text-based trademarks without consideration of typeface or style.
Device or Logo Marks – These are the logos, the symbols, or the stylized designs that are used for branding purposes.
Sound Marks – They are the unique aural signatures that a brand is associated with.
Colour Marks – These are the specific colour sets that stand for a brand’s identity.
Shape Marks – These are the distinctive 3D shapes of products or their packaging.
Pattern Marks – These are the unique, repetitive designs that have been applied to the goods.
Position Marks – They refer to the marks, which are situated at a certain position on a product.
Motion Marks – These are the moving logos or the animated elements that are used in branding.
Hologram Marks – They are the 3D holographic images that serve the purpose of identification.
Multimedia Marks – These combine the visual and the audio elements, thus creating the marks.

Based on Commercial Usage

Service Mark – It is a mark which is used to identify and promote services, not physical goods.
Certification Mark – A mark that shows that the product meets a certain standard or quality level.
Collective Mark – It is a mark which is employed by the members of a group to indicate their collective identity.
Trade Dress – The overall visual elements of a product or its packaging that make it unique and recognisable in the ‍‌‍‍‌‍‌‍‍‌marketplace.

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Documents‍‌‍‍‌‍‌‍‍‌ Required for Trademark Registration

Generally, to apply for a trademark registration in India, the applicant needs to submit the following documents:

Address proof and ID proof of the Individual/Proprietor (sole proprietorship)
Certificate of Incorporation / Partnership Deed / LLP Agreement (as applicable)
Address proof and ID proof of the authorized signatory
Applicant's PAN Card
Printed material of the logo (in JPEG format) or wordmark if the logo is not used
Filled Form TM-48 (Power of Attorney authorizing a trademark agent/attorney)
MSME/Udyam Registration Certificate (optional – for fee concession)
User Affidavit (in case the trademark has been used before filing)
Process for Trademark Registration

Trademark Search

Be sure that your trademark is unique and different from other trademarks.

Thoroughly search the Same or Related Classes, IP India Trademark Search Portal to ensure that the mark is neither identical nor confusingly similar to that of any other existing trademarks.

Filing the Trademark Application (Online)

Submit your application online with Form TM-A along with supporting documents. Information about your filed application will be immediately sent to you in the form of a Trademark Application Number.

It is this Application Number that allows one to begin using the ™ symbol.

Examination by Trademark Office

The required formalities are checked by the Trademark Registry, and then it issues the Examination Report.

Should objections be raised, it is necessary to answer them within 30 days (there may be an extension available).

If the applicant is required, he/she should appear at a hearing.

Publication in the Trademark Journal

If the trademark is free of any issues, it is published in the Trademark Journal for a 4-month opposition period.

During this time, any third party may lodge an opposition.

Trademark Registration

Provided that no oppositions are filed (or if the opposition is decided in your favour), the trademark will be registered.

The Trademark Registration Certificate is given to you along with the authorization to start using the ® symbol.

Timeline

TM filing & application number: Same day
Use of ™ symbol: Immediately
Complete registration: Usually 12–24 months, depending on whether there are objections or ‍‌‍‍‌‍‌‍‍‌oppositions

Frequently Asked Questions (FAQs)

Government fees start at ₹4,500 per class for individuals/startups/MSMEs for online submission and ₹9,000 per class for businesses. They are separate charges for licensed professionals.

Trademark Fees in India (Per Class/Mark):

Individual / Start-up / Small Enterprise (Online-filing): ₹4,500
Individual / Start-up / Small Enterprise (Physical-filing): ₹5,000
Body Corporate / LLP / Others (E-filing): ₹9,000
Body Corporate / LLP / Others (Physical-filing): ₹10,000
Renewal Fee every 10 years: ₹9,000 (online) to ₹10,000 (physical)
Notice of Opposition: ₹2,700

In India, the primary trademark classification is as follows:

Mark for Service
Mark for Product
The Group mark
Mark for approval
Mark for structure
Mark for design
Mark for audio

The procedure includes the following steps:

Search over trademark
Submission of application (TM -A)
Investigation by a superior authority
In opposition to distributing
Certification for Registration

Yes. You can register for a trademark as an independent business or by yourself individual. A company is not mandatory.

In order to register a trademark, GST is not needed. Even so, Expert assistance expenses could possibly be liable for GST.

Yes. Although you cannot gain sole rights or legal possession of your business name for those who are not registered

Select a name which is given below:

Suitable for future expansion
Separate and distinct.
Basic to keep in mind.
Not similar to the current trademark

Generally, Trademarks are valid for 10 years. You can keep an eye on renewal status on the official IP India trademark portal with the registration number or your application number.

UMSPCS offers complete assistance for trademark registration in India. They help with the search for a trademark, the proper selection of a class, submitting a TM-A application, maintaining objections, and handling the process until the registration and renewal. Our expert team ensures a smooth and effortless registration procedure for companies and individuals.