Trademark Registration 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.
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.
