Trademark Registration

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Get your Trademark filing in 3 Simple Steps

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1. Fill Form

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TRADEMARK REGISTRATION IN INDIA

In today's competitive business landscape, protecting your brand name, logo or punchline through trademark registration is crucial for long-term success. In this detailed guide, we will see the intricacies of trademark registration in India, covering the process, fees, required trademark documents, benefits, and differences between trademark, copyright, and patent registration. Also, we'll explore the advantages of choosing Startupwala as your trademark registration consultant.

TRADEMARK REGISTRATION PROCESS

The process of online trademark registration in India involves below steps:

  1. Fill and Submit: the above .
  2. Submit a one page trademark questionnaire
  3. Startupwala expert will clear all your queries
  4. Legal team will conduct a thorough Trademark search
  5. Drafting of trade description
  6. Sign one page authorisation letter
  7. Filing of trademark application with TM registry
  8. Getting the Trademark Application number
  9. Startupwala will track and guide you through the entire process

BENEFITS OF TRADEMARK REGISTRATION

Registering a Trademark offers many advantages:

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Protection against Copycats

Nobody will dare to copy your brand name once it is a registered trademark

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Registered brand is Most valuable asset of the Company

Many brands in the world value their trademark more than their any other physical assets. Brand value is derived only when the company has absolute right over the brand name through trademark protection


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Helps in expansion of business and growth

Trademark can be rented and royalty can be earned under licensing agreement. Franchising model solely depends upon trademark licensing and transfer.

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Helps in image building and credibility in Market

Customers give more preference to registered brands with TM tag

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

The below documents are required to complete the trademark registration process:


  1. Trademark application form
  2. Proof of applicant's identity and address.
  3. Logo or image of the trademark (if applicable).
  4. Details of goods or services covered by the trademark.
  5. Authorisation Letter or Power of Attorney.

TRADEMARK REGISTRATION FEES, COST & CHARGES

The fees for trademark registration vary depending on factors such as the type of applicant (individual/enterprise), mode of filing (online/offline), and the number of classes of goods/services covered. Generally, the cost includes:


  1. Government Fee: The Govt fee for filing the trademark application.
  2. Professional Fees: Trademark attorney or consultant fees starts at Rs.998.

DIFFERENCE BETWEEN TRADEMARK & COPYRIGHT REGISTRATION

While both trademark and copyright protect intellectual property, they serve different purposes:


  1. Trademark: Protects symbols, logos, names, and slogans that distinguish goods/services in the marketplace. It safeguards brand identity and prevents consumer confusion.
  2. Copyright: Protects original works of authorship, such as literary, artistic, musical, and dramatic works. It grants exclusive rights to reproduce, distribute, and display the work.

DIFFERENCE BETWEEN TRADEMARK & PATENT REGISTRATION


  1. Trademark: Protects brand names, logos, symbols, and other identifiers associated with goods/services. It distinguishes products in the market and safeguards brand reputation.
  2. Patent: Protects inventions or discoveries that offer a new solution to a problem. It grants exclusive rights to the inventor to prevent others from making, using, or selling the invention for a limited period.

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Startupwala Client Review

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Founder, Cosmo Trade
Bhubaneswar, Odisha
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There was a little bit of anxiety and doubt when I contacted them as I was from one side of the country and they were from other side and I was new to online filing and documentation process. But the service I got from them was marvelous. These guys are so professional, that I never felt to be new to them. The execution of papers, documentation and processing was first class. They finished the assignment before committed time and pricing is absolutely affordable and value for money.

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FAQ ON TRADEMARK REGISTRATION

1. What is trademark registration?

Trademark registration is the legal process of protecting symbols, names, and other marks used to distinguish goods or services. It provides exclusive rights to use the mark and prevents others from using similar ones without permission.

2. Why is trademark registration important?

Trademark registration protects your brand identity, prevents others from using similar marks, and provides legal recourse against infringement. It also adds value to your business by establishing ownership rights and fostering consumer trust and loyalty.

3. What can be registered as a trademark?

Any distinctive mark, including words, logos, symbols, phrases, sounds, smells, and even colors, that distinguish goods or services can be registered as a trademark in India.

4. Who can apply for Trademark Registration?

Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.

5. How much are the trademark registration fees?

The trademark registration cost in India vary depending on the number of classes covered and whether the application is filed online or offline. Generally, fees range from a Rs.5,999 to Rs.20,000 per brand per class.

6. Who is a Trademark Consultant?

Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.

7. Who is a Trademark Lawyer or Trademark Attorney?

Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.

8. How do I check the status of my trademark registration in India?

You can check the status of your trademark registration application in India by visiting the official website. Also Startupwala will update you on a regular basis through email and whatsapp.

9. How the Online Trademark Process works?

Firstly detailed trademark check is conducted, after that one page authority letter is signed by the owner, then the Consultant files the application with the trademark registry.

10. What is the difference between a trademark and a trade name?

A trademark is a distinctive mark used to identify goods or services, while a trade name is the official name under which a company conducts its business.

11. Can I register a trademark for services in India?

Yes, trademarks can be registered for services in India, just as they can be registered for goods. The process and requirements are generally the same.

12. Can I register a name as a trademark in India?

Personal names perse cannot be registered however if the name is used to promote any goods or services, trademarking is possible. For example MF Hussain Paintings, Amitabh Bachchan Perfumes etc.

13. How do I check the availability of a trademark for registration?

You can check the availability of a trademark for registration by conducting a search on the official website of the Trademark Registry. Applicant need to ensure that the proposed trademark is unique and not already registered by another entity. Startupwala will provide you with a detailed trademark search report free of cost.

14. Can I register a logo as a trademark?

Yes, logos are eligible for trademark registration if they are distinctive and capable of distinguishing the goods or services of one organisation from others.

15. What is the difference between trademark and logo registration?

Both refers to Trademark protection. Trademark registration includes various types of marks used to identify goods or services, including logos. Logo registration specifically refers to registering a logo as a trademark to protect its use and prevent others from using similar marks without permission.

16. How long does trademark registration last?

In India, trademark registration is valid for ten years initially and can be renewed indefinitely for successive ten-year periods upon payment of renewal fees.

17. How long can a trademark registration in India be renewed after expiry?

In India, a trademark registration can be renewed indefinitely for successive ten-year periods upon payment of renewal fees. It's crucial to renew the registration before the expiration date to maintain legal protection.

18. What are the benefits of trademark registration?

Trademark registration grants exclusive rights to use the mark, stops others from using similar marks, enhances brand recognition, establishes legal ownership, and facilitates enforcement against infringement.

19. Can a logo be registered as a trademark?

Yes, logos are eligible for trademark registration in India if they are distinctive and capable of distinguishing the goods or services of one entity from others.

20. How do I register a trademark in India?

To register a trademark in India, follow the steps given in the Process and Procedure section and initiate the process by filling and submitting the above .

21. What is the difference between TM and R symbols?

The TM symbol signifies that a mark is being used as a trademark, indicating an intent to claim rights, while the ® symbol indicates that the trademark is registered with the appropriate authority.

22. How long does it take to register a trademark in India?

The trademark registration process in India typically takes about 18 to 24 months, although this timeframe can vary depending on factors such as the backlog of applications and examination procedures.

23. Can I use the TM symbol without registration?

Yes, the TM symbol can be used to indicate that a mark is being used as a trademark, even if it is not registered. It serves as notice of your claim to rights in the mark.

24. What is the difference between a trademark and copyright?

A trademark protects symbols, names, and other marks used to identify goods or services, while copyright protects original works of authorship, such as literary, artistic, and musical creations.

25. Can I register a sound as a trademark in India?

Yes, sounds, including musical tunes or jingles, can be registered as trademarks in India if they are distinctive and capable of distinguishing the goods or services of one entity from others.

26. Can I register a domain name as a trademark in India?

Yes, domain names can be registered as trademarks in India if they are distinctive and used to distinguish the goods or services of one entity from others.

27. Can I register a scent as a trademark in India?

Yes, scents can potentially be registered as trademarks in India if they are distinctive, non-functional, and capable of distinguishing the goods or services of one entity from others.

28. Can I register a color as a trademark in India?

Yes, colors can be registered as trademarks in India if they are used in a distinctive manner and capable of distinguishing the goods or services of one entity from others.

29. Can I register a shape as a trademark in India?

Yes, three-dimensional shapes can be registered as trademarks in India if they are distinctive and capable of distinguishing the goods or services of one entity from others.

30. Can I register a slogan as a trademark in India?

Yes, slogans can be registered as trademarks in India if they are distinctive and used to identify the goods or services of one entity from others.

31. Can I register a trade dress as a trademark in India?

Yes, trade dress, which refers to the overall appearance and image of a product or service, can be registered as a trademark in India if it is distinctive and capable of distinguishing the goods or services of one entity from others.

32. What is the difference between a trademark and a patent?

A trademark protects symbols, names, and other marks used to identify goods or services, while a patent protects inventions or discoveries, granting exclusive rights to make, use, or sell the invention for a limited period.

33. Can I register a trademark for a product that hasn't been launched yet?

Yes, you can file a trademark application in India for a product that hasn't been launched yet, as long as you have a bona fide intention to use the mark in commerce.

34. Can I register a trademark for goods or services that I haven't started selling yet?

Yes, you can file a trademark application in India for goods or services that you haven't started selling yet, as long as you have a bona fide intention to use the mark in commerce.

35. Can I register a trademark for goods or services that are not yet developed?

Yes, you can file a trademark application in India for goods or services that are not yet developed, as long as you have a bona fide intention to use the mark in commerce once the goods or services are developed.

36. Can I register a trademark if someone else has applied for a similar mark?

You can still apply for a trademark in India if someone else has applied for a similar mark, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

37. Can I register a trademark if someone else has registered a similar mark in another class?

You can still register a trademark in India if someone else has registered a similar mark in another class, provided that your mark is distinctive and there is no likelihood of confusion among consumers in your class of goods or services.

38. Can I register a trademark if someone else is already using the mark but hasn't registered it?

You can register a trademark in India even if someone else is already using the mark but hasn't registered it, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

39. Can I register a trademark if someone else has a similar domain name?

You can register a trademark in India even if someone else is already using the mark but hasn't registered it, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

40. Can I register a trademark if someone else has a similar social media handle?

You can register a trademark in India if someone else has a similar social media handle, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

41. Can I register a trademark if someone else has a similar business name?

You can register a trademark in India if someone else has a similar business name, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

42. Can I register a trademark if someone else has abandoned a similar trademark?

You can register a trademark in India if someone else has abandoned a similar trademark, provided that your mark is distinctive and you can demonstrate prior use or a bona fide intention to use the mark in commerce.

43. Can I register a trademark if someone else has withdrawn a similar trademark application?

You can register a trademark in India if someone else has withdrawn a similar trademark application, provided that your mark is distinctive and you meet the eligibility criteria for trademark registration.

44. Can I register a trademark if someone else has canceled a similar trademark?

You can register a trademark in India if someone else has canceled a similar trademark, provided that your mark is distinctive and you meet the eligibility criteria for trademark registration.

45. Can I register a trademark if someone else has surrendered a similar trademark?

You can register a trademark in India if someone else has surrendered a similar trademark, provided that your mark is distinctive and you meet the eligibility criteria for trademark registration.

46. Can I register a trademark if someone else has allowed a similar trademark to expire?

You can register a trademark in India if someone else has allowed a similar trademark to expire, provided that your mark is distinctive and you meet the eligibility criteria for trademark registration.

47. What is the process of trademark registration in Delhi?

In Delhi, trademark registration involves filing an application with the Trademark Registry, examination by the Registrar, publication in the Trademark Journal, and finally, issuance of the registration certificate upon completion of formalities.

48. How long does it take to register a trademark in Mumbai?

Trademark registration in Mumbai typically takes around 12 to 18 months from the date of filing the application, subject to no objections or oppositions being raised during the examination process.

49. What are the requirements for trademark registration in Pune?

In Pune, to register a trademark, one needs to submit the application with details of the mark, proof of use (if any), and pay the prescribed fees. Additionally, it's crucial to ensure the mark is distinctive and not already in use.

50. Can a foreign entity apply for trademark registration in Bangalore?

Yes, foreign entities can apply for trademark registration in Bangalore, but they need to appoint an authorized agent or attorney in India to represent them throughout the registration process.

51. How can I check the status of my trademark application in Thane?

In Thane, you can check the status of your trademark application online through the official website of the Trademark Registry or by contacting the local trademark office for updates.

52. What is the cost associated with trademark registration in Hyderabad?

The cost of trademark registration in Hyderabad varies depending on factors like the number of classes, mode of application, and whether any legal assistance is sought. Generally, the government fees for filing start from INR 4,500 per class.

53. Are there any specific rules for trademark registration in Kolkata?

Trademark registration in Kolkata follows the same process as in other cities in India. However, applicants must ensure their mark is unique, not descriptive, and does not conflict with existing trademarks.

54. Can I file a trademark application online in Chennai?

Yes, you can file a trademark application online in Chennai through the official website of the Trademark Registry or through authorized online filing portals. This provides convenience and faster processing of applications.

55. What are the benefits of trademark registration in Goa?

Trademark registration in Goa offers exclusive rights to use the mark in connection with the goods or services it represents. It also provides legal protection against unauthorized use by others, enhancing brand recognition and value.

56. How can I renew my trademark registration in Coimbatore?

Trademark registration renewal in Coimbatore can be done by filing Form TM-R along with the prescribed renewal fees before the expiration of the registration. Renewals are typically required every ten years to maintain the validity of the trademark.

57. Is it necessary to hire a lawyer for trademark registration in Surat?

While it's not mandatory to hire a lawyer for trademark registration in Surat, seeking legal assistance can ensure proper filing, adherence to regulations, and better handling of any objections or oppositions that may arise during the process.

58. Can I apply for trademark registration in Indore for a service mark?

Yes, you can apply for trademark registration in Indore for both goods and service marks. The process and requirements for registering a service mark are similar to those for goods, involving filing an application and fulfilling prescribed criteria.

59. What is the procedure for trademark registration in Kerala?

Trademark registration in Kerala follows the standard procedure outlined by the Trademark Registry of India, involving application filing, examination, publication, and issuance of the registration certificate upon completion of formalities.

60. How do I protect my trademark in Ahmedabad?

To protect your trademark in Ahmedabad, you should consider registering it with the Trademark Registry. This provides legal rights and remedies against infringement. Additionally, monitoring the market and taking timely legal action against violators can help safeguard your mark.

61. What are the documents required for trademark registration near me?

The documents required for trademark registration vary slightly depending on the location but generally include a copy of the mark, details of the applicant, proof of use (if any), and a power of attorney authorizing a trademark agent, if applicable.

62. How can I conduct a trademark search in Jaipur?

You can conduct a trademark search in Jaipur through the official website of the Trademark Registry or by visiting the local trademark office. It's essential to search for similar or identical marks to ensure your proposed mark is distinctive and eligible for registration.

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