Trademark Registration
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A Trademark 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 shape of goods, their packaging and combination of colours. A Mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. Trademark Registration optional and not compulsory in India.
Who is eligible for Trademark Registration?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it , shall apply in writing to the Registrar for trademark registration.
Documents Required for Trademark Registration
Individuals & Sole Proprietorship
Partnership / LLP / Company
Individuals & Sole Proprietorship
- Copy of Trademark
- Power of Attorney in Form-48
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor
Partnership / LLP / Company
- Copy of Trademark
- Power of Attorney in Form-48
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of signatoryNote: Partnership/LLP/Company having SSI/MSME/Udyog Aadhar/Udyam Registration Certificate can avail discount in government fee.
Category of Mark for Trademark Registration
- Word Mark: It includes one or more words, letters, numerals or anything written in standard character
- Device Mark: It includes any label, sticker, monogram, logo or any geometrical figure other than word mark)
- Colour Mark: when the distinctiveness is claimed in the combination of colours with or without device)
- Three Dimensional Trademark: it includes shape or packaging of goods
- Sound
Trademark Symbol (TM) : It is used when an application for trademark is made with the trademark registry. It act as a warning for infringers and counter-fitters.
Service Mark Symbol (SM): It is used with trademark applications that are filed under class 35-45. However, using the TM symbol for all classes or using a SM mark for trademark application under class 35-45 are both acceptable.
R Symbol (®): The applicant can start using the ® symbol next to the trademark, after getting the trademark registration certificate.
Procedure for Trademark Registration Application filing
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Outsourcing of Trademark application filing to Indilegalonline
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Search for availability of trademark in applicable classes
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Preparation of trademark application
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Filing of trademark application for government approval
Frequently Asked Questions (FAQ)
What is a trademark?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
How to select a good trademark?
Under modern business condition a trademark performs four functions- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
What are different types of trademarks that may be registered in India?
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Who benefits from a trademark registration?
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
What are the benefits of registering a trademark?
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What are the formalities and government fees for major trademark transactions ?
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered- For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
- Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
- Restoration of removed mark (Form TM-13) Fees: 5,000/-
- Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
- Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
- Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.
What are the sources of trademark laws?
- The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
- International multilateral convention.
- National bilateral treaty.
- Regional treaty.
- Decision of the courts.
- Office practice reduced in Manuals and guidelines and rulings of the Courts
- Decision of Intellectual Property Appellate Board.
- Text books written by academician and professional experts.
What does the Register of trademark contain?
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
Can any correction be made in the application or register?
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
Can a registered trademark be removed from the register?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
12,450.00 ₹ – 13,950.00 ₹
