Trade Mark Registration in India

How to register a brand name or a trademark in India?

If you own a business or want to own a business, and you are thinking if the Trademark registration India really necessary step? is it something which is just good to have for a business or a must have for a business ? let me ask you some questions ?

  • How much time and effort you invested in your business? for your product ? or creating brand value?  Did you work hard to make your business a respectable and trust worthy name in minds of your clients?
  • How would you feel, if someone else is misusing your business name?
  • Or You found out that the name that you are using for your business is actually registered with some other company

and Even worst case would be …

You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing already registered trademark of someone and you can not use that name for your business here after

It would be a huge loss of time, efforts and costs. Would you like to avoid such devastating scenarios that can hurt your businesses image? which can result in all the hard work you put in building brand name (image) of the business going waste !!!

Then you need to seriously consider protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence it is important to consider Trademark registration India.

A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol.

What is a trade mark?

In simple terms, trademark is a brand or logo which represents your business.

A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

 

Example of trademarks:

Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.

Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

Functions of a trade mark are:

  • It identifies the service or product and its source
  • It guarantees its quality
  • Helps in Advertisement of service or product

Different types of trademark:

  • A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
  • A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
  • Alphanumeric or Letters or numerals or any combination thereof.
  • Image, symbol, monograms, 3 dimensional shapes, letters etc.
  • Sound marks in audio format

Documents required for filing a Trade Mark Application in India:

  • Trademark or logo copy
  • Applicant details like name, address and nationality and for company: the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying.
  • Power of attorney to be signed by the applicant

Fee for Trademark registering in India

Trademark Application

 

Govt. Fees Professional Fees Total
For Individual/  Small Enterprise 4500/- Charges are for per class per mark application 3500/- 8000/-
For other cases 9000/- 3500/- 12500/-

 

In case of any objection from the Trademark Registry a reply to the Trademark Registry  –

4,000/- per reply

4,000/- per reply

In case of a hearing to overcome the objection  –

5,000/- per hearing

5,000/- per hearing

Once the Trademark is accepted and published in the official journal, it is open for opposition for 4 months by the third party. In case it is opposed, we will have to go through the separate procedure for which there would be additional charges depending on the facts of the cases.

In case the applicant is a start-up having DIPP certificate, professional charges will not be applicable but the official fees will be INR 5000/-.

In case of any questions or queries, feel free to contact us.