A Trademark registration protects your brand and provides you with the tools to prevent someone using similar signs and riding on the back of your business. Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. Trademark registration in India is advisable to protect your brand. After the trademark is registered in India no other organization cannot use it as long as it remains in use.
Essentially it is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.
Trademark registrations are widely used to protect the brand or slogans or coined words that are unique. Trademark registrations in India can be obtained by individuals or businesses or by non-profit organizations. However, each of the different class of persons or entity that have different requirement while filing the trademark application. The following are eligible for obtaining trademark registration in India.
Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.
Choosing a trademark:
Remember to choose a unique and distinctive mark it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service.
Mark search
Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option.
Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search they will also help you with the whole process.
Filing application:
There are two options you can take while filing for a trademark. File for a trademark under “one” class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-1. The fee payable for the filing of form TM-1 is rupees 3,500.
The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class. Filing of this form has two separate cost brackets:
Rupees 9,000 or rupees 10,000
If you are not a start-up, small enterprise or an individual you will fall under this bracket. You have to pay rupees 9,000 for e-filing of the from or rupees 10,000 if you file the form in person.
Rupees 4,500 or rupees 5,000
If you are an individual, small enterprise or a start-up then you fall under this bracket. Rupees 4,500 is the charge for e-filing of the form or rupees 5,000 if you file the form physically.
While filling the form make sure not to make any mistakes, this may lead to delays or even rejection of the application. You have to fill in all the details and also add a picture of the trademark with the dimensions of 9 by 5 cms. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.
You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, if done physically it may take to 15-20 days.
With our experienced and skilled personnel, We at UpriseLegal makes process trademark registration very smooth and helps you in each and every step at a very affordable prices. You don’t have to worry on trademark registration as UpriseLegal is there to provide all the assistance that you need.We follow law to the core and uses our knowledge to avoid any hassles in your business so that you can rise and grow! You may get in touch with our compliance manager on 9173512402 or email us at info@upriselegal.in for free consultation.
