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Trademark Registration

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Protect your brands, logos, business names, labels, names of products or services and domains swiftly with our expert online trademark registration services in India. We are actively protecting over 13.5K trademarks.

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We as a professional consulting firm work with expert IPR attorneys to offer IPR services and legal consultation including, trademark and patent searches, categorisation of IPR, drafting legal documents, and assisting with the application process for IPR filing and many more at an affordable fee. It is important to note that we are neither a government agency,nor a law firm. We facilitate the engagement of appropriate attorneys for our clients and never directly provide government documents.
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Overview of Trademark Registration in India

₹ 1,999 + Govt Fee (On Actual basis)
Domestic and foreign persons can apply.
The process of trademark Registration is as follows.
*** File your trademark Easily and Online with Setindiabiz assistance ***

Get Started With Trademark Registration

Trademark registration is crucial to safeguard your brand identity under Indian Trademark Law. It involves registering your business name, brands, logo, label, domain name, punchline, etc., with the registrar of trademarks to protect them from unauthorised use by others. At SetIndiabiz, we understand the importance of this process and provide comprehensive solutions to secure your intellectual property. With our online offerings, it’s easy to register your trademark in India and globally. The process begins with a simple call to us.
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Types of Trademarks with Examples

Various Intellectual Rights can be classified as trademarks. Below are some common types of trademarks, along with examples. You may read our wiki on the Types of Trademarks at https://www.setindiabiz.com/types-of-trademarks.

Business Name

Your business or company name is a vital trademark that should be protected immediately to prevent unauthorised use.

Company Logo

This includes unique images, artwork, or emblems representing your business. To register your logo, submit a high-resolution JPEG image.

Company Brands

Your business's products are often recognised by their names. These could be wordmarks or device marks (images).

Punchline Or Slogans

Memorable phrases like Pepsi's "Yeh Dil Maange More" can be safeguarded through trademark registration in India.

Domain Name

Domain names can also be registered under Trademark Law, offering significant protection from quickly copying URLs with different domain extensions.

Sound Mark

Unique sounds associated with your business, like the Airtel ringtone or ICICI jingle, can be registered as Sound Marks.

Effective Strategy for Trademark Registration in India

A trademark is a valuable asset for any business as it helps to distinguish your brand from competitors. In today’s highly competitive market, having a unique brand identity is crucial to avoid getting lost in the crowd. If there is confusion around your company’s identity, it can negatively impact your reputation and growth. Therefore, it is essential to establish and protect your brand through trademark registration. We advise e-commerce businesses to pay special attention to online registering e-commerce trademarks in India.

Identify all Intellectual Property Rights (IPR) Assets for ™ Registration

Every business has several IPRs, including trademarks, logos, slogans, brand names, domain names, product labels, etc. The first step is to identify those that qualify for registration under sections 9 and 11 of the Trademarks Act, 1999. Our IPR Advisors can assist you in determining the marks capable of registration under the trademark laws.

Conduct Trademark Search

Once you’ve chosen your business marks, you must check whether they are unique and won’t cause any conflicts with existing trademarks or business names. Conduct a thorough search in the online trademark register or public database of trademarks to ensure no identical or similar marks are registered or awaiting registration. For more detailed information on conducting a trademark search, please refer to our comprehensive article on how to do a trademark search.

Correctly Classify the Trademark

When registering a trademark, it is essential to identify the correct class or trademark classes under which the trademark will be used. Trademarks are categorised into 45 classes based on the type of activities they are associated with. Classes 1-34 are for goods, while classes 35-45 are for services. If your trademark is related to multiple activities and falls under more than one category, it is recommended to file applications in all relevant classes. Learn more about the classification of the Trademark.

Documentation for Registration of Trademarks

To file a trademark application, certain documents are required, including authorisation to the trademark attorney and an affidavit supporting the user date claimed in the application. These documents must be made on non-judicial stamp paper and then notarized. We will assist you in drafting these documents based on the information you provide in the questionnaire.

End-to-End Assistance for Trademark Registration:

We can assist you with registering your trademark. Our services include drafting the user affidavit and attorney authorisation, both of which need to be notarized in accordance with the law. We will share the trademark application with you for confirmation once it is drafted. After receiving your approval, we will apply as soon as possible. Please note that the trademark will be filed with the designation of “TM”.

Stepwise Process of Trademark Registration in India

STEP
01

Trademark Application Filing

The trademark registration process begins with filing a TM Application on the IPR Portal. The process is completed online, and we generally finish filing within a few working hours of receiving signed documents.
STEP
02

Reply to Examination Report

An examiner reviews a trademark application and issues an examination report. The applicant has 30 days to respond with comprehensive information and documents to improve the application’s chances of success.
STEP
03

Show Cause Hearing

If the examiner is not satisfied with the written reply to the examiner’s report, the applicant is given the chance to attend a show cause hearing. Our panel of attorneys is experienced in appearing at show cause hearings.
STEP
04

Publication of Trademark

After the trademark examiner approves the application, either at the time of examination or during the show cause hearing, it is published in the Trademark Journal and open to public opposition.
STEP
05

Opposition by Public, if any

The published trademarks are available for the public to oppose their registration within 90 days from the publication date. The trademark will be registered if no opposition is received within this period.
STEP
06

Registration of Trademark.

Finally, the Registrar of Trademarks issues a certificate of registration. This certificate is valid for ten years from the date of application and can be renewed for subsequent ten-year periods.

Cost of Trademark Registration in India

Registering a trademark in India involves various costs such as the government filing fee, professional fee, GST on professional fee, and stamp duty and notary charges. The government filing fee varies depending on the type of application and entity, while the professional fee may vary depending on the complexity of your case. It’s worth noting that not protecting your trademark can lead to far greater costs in the future. To give a clearer idea, here’s a table showing the total cost of the Trademark Filing (Trademark Fees) Package for different types of applicants.
No Cost Component For Individual or
Proprietorships
MSME/Startup
Company, LLP etc
All Others
(Indian)
Foreign Entity
(USD)
1
Government Filing Fee
₹ 4,500
₹ 4,500
₹ 9,000
$ 108
2
Setindiabiz Fee
₹ 1,999
₹ 1,999
₹ 1,999
$ 99
3
GST on Prof Fee
₹ 360
₹ 360
₹ 360
$ 18
Total Filing Cost
₹ 6,859
₹ 6,859
₹ 11,359

$ 225

Note: Please note that the cost of Stamp Duty and Notary towards the attorney authorisation and user date affidavit is not included in the above table as it may vary from place to place. We do not provide support in procuring the stamp paper and notary. However, we will draft the documents required for attestation.

Timeline for Trademark Registration in India

Registering a trademark in India is a multi-step process, each with its own timeline. Below is a general overview of the time frames associated with each stage. However, please keep in mind that this is a typical timeline, and the actual time taken may differ based on the specifics of your application and any possible objections or complications that may arise.
  • Filing of Trademark Application

    The trademark registration process begins with filing an online application in Form TM-M with the Registrar of Trademarks. We will file your trademark application within 24 hours Upon receipt of the necessary documents.

  • Examination of Trademark & Reply Filing

    Trademark applications undergo a review process, also known as “Examination”, that usually lasts 1-3 months. If there are any objections, the applicant will be notified through an Examination Report and must respond within 30 days.

  • Show Cause Hearing & Publication

    If the examiner is not satisfied with the written reply to the examination report, then the examiner will fix a show cause hearing. After the examiner's satisfaction, the trademark is published in TM Journal, which remains open for public opposition for three months.

  • Registration of The Trademark

    After a waiting period of three months from the publication, and in the absence of opposition from the public, the Registrar of Trademarks issues a Certificate of Trademark Registration, which remains valid for a period of ten years.

Benefits of Trademark Registration

Exclusive Rights

Registering a trademark grants the owner exclusive rights to the intellectual property for the goods or services specified in the registration certificate. These rights can be assigned or licensed to others if necessary.

Builds Trust and Goodwill

Trademarks signify the origin of goods or services. Over time, customers associate the brand with its source, strengthening the business's reputation and goodwill.

Asset Creation

The value of a registered trademark often grows with the business, surpassing the value of the company's physical assets. Registering a trademark, therefore, creates an asset that continually increases in value.

Use of the ® Symbol

Once a trademark is registered, you can use the ® symbol on your brand name or logo, signifying that your trademark is registered and cannot be used without your permission.

Protection Against Infringement

While unregistered trademarks have some legal protection, registered trademarks have superior protection. The owner of a registered trademark can initiate legal action if their trademark is infringed.

Long-Term, Affordable Protection

Our services have made trademark registration more affordable in India. Once registered, a trademark remains valid for ten years and can be renewed. You get the protection of your trademark at one of the lowest costs in the country.

Why Choose SetIndiaBiz for Trademark Registration?

Choose SetIndiabiz for trademark registration and get comprehensive services from a team of skilled professionals with vast experience handling various trademark-related matters, including startup trademarks. We offer personalised attention, transparent pricing, dedicated support, fast and efficient service, and a track record of thousands of successful trademark filings. Trust us with your brand’s protection, and focus on growing your business while we handle the legal complexities.

Our Customers ❤️ Our Work!

Amrit Verma
Amrit Verma
Read More
Setindiabiz's Trademark Registration Services are top-notch! We realize that the process for Trademark Registration in India can be very complex, but their team made it unbelievably easy and hassle-free for us. We are specially impressed by their online trademark registration system, keen eye for detail, and exceptional commitment to customer satisfaction.
Rajan Dadwal
Rajan Dadwal
Read More
Setindiabiz exceeded our expectations with their Trademark Registration services. As a startup, we were quite unsure of the process for Trademark Registration in India, but their team provided us with clear guidance and support, making it absolutely seamless and effortless for us.
Bablu saini
Bablu saini
Read More
We are extremely grateful to the Trademark Registration team of Setindiabiz which single-handedly made the process of Trademark Registration a breeze of air for us! They were very responsible in ensuring that all the necessary documents were in order, and that the application was being filed in the correct manner!

Frequently Asked Questions

1. What is a trademark, and how do you register a brand?

A trademark is a unique symbol, sign, word, or combination of all these elements used to differentiate the goods or services of one business from those offered by others. It can include brand names, logos, slogans, and even unique sounds or colours. The process of registering a brand is simple and can be done online. If you need help, please give us a call, and our team of IP experts will guide you through the whole process.

2. What are the benefits of trademark registration?

Registering your trademark provides you with exclusive rights to use it, builds trust and goodwill, creates an intangible asset that gains value over time, allows you to use the ® symbol, provides stronger legal protection against infringement, and extends this protection at a low cost for ten years, which is renewable indefinitely.

3. What can be registered as a trademark in India?

You can register different intellectual properties in India, such as business names, logos, brands, slogans, domain names, product labels, unique sounds, and even colours, as long as they are unique and do not conflict with existing trademarks.

4. What is the validity of a trademark registration?

Once a trademark is registered, it is granted legal protection for ten years from the registration date. Once this period expires, the trademark owner can renew it indefinitely every ten years to ensure it remains protected.

5. What is the process for trademark registration in India?

Trademark registration involves filing an application, examination by the Trademark Office, replying to the examination report, a show cause hearing (if necessary), and issuing a registration certificate. It’s a multi-step process that can take several months to complete, and it’s important to ensure that your application is filled out correctly and that you respond promptly to any concerns raised by the examiner to ensure a smooth registration process.

6. What is a trademark search, and why is it important?

A trademark search involves checking the trademark registry to ensure your desired trademark is not already registered or pending registration under the same or similar class. This helps avoid potential conflicts or infringement cases.

7. Can I use the ® symbol immediately after filing my application?

It’s important to understand that the ® symbol is specifically meant for trademarks officially registered with the office of the Registrar of Trademarks in India. This implies that until your trademark has been approved and registered, you may only use the TM symbol to indicate that your application is pending and under consideration for registration. Therefore, it’s recommended that you wait until your trademark is officially registered to use the ® symbol. Meanwhile, you can continue to use the TM symbol to showcase your brand’s identity and protect your intellectual property.

8. What if my desired trademark is already registered?

If someone else has already registered the trademark you want to use, it’s best to pick a different one to avoid legal conflicts. However, if you think you have the right to use the trademark before the other person or their registration is invalid, you can challenge it in court.

9. What are the common issues faced during the trademark registration process?

Trademark objections can occur if your proposed trademark is too similar to existing trademarks, lacks originality, is too descriptive, or wrongly implies a connection to a person, institution, belief, or national symbol. Consider consulting a trademark attorney before submitting your application to avoid these objections.

10. What are the documents required for trademark registration?

The documents required typically include a copy of the logo or brand name, proof of the applicant’s identity and address, and a signed Power of Attorney. In case of a claim of prior usage, proof of usage might also be needed, or an affidavit of usage data is to be filed.

11. What does trademark classification mean?

Trademark classification is the process of categorising goods and services into 45 different classes. These classes are used for trademark registration, where classes 1 to 34 are for goods and classes 35 to 45 are for services. As a signatory to WIPO, India follows the Nice Classification system for this purpose. You can refer to the entire list of classifications at https://www.wipo.int/classifications/nice/nclpub/en/fr/. This. This classification system assists in identifying and grouping the goods or services represented by a trademark.

12. What is the difference between 'TM' and 'R' symbols?

The ‘TM’ symbol stands for trademark and indicates that a word, phrase, or logo is a trademark owned by a business or individual. On the other hand, the ‘R’ symbol stands for a registered trademark and indicates that a trademark has been officially registered with the relevant government agency. Using the ‘R’ symbol indicates that the trademark is protected by law and may only be used by its owner or with their permission.

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

The time taken to register a trademark in India can vary, but it takes between 6 and 9 months on average. This is because the trademark registration process includes various steps such as application examination, publication in the trademark journal, and opposition period. However, please note that this is only an estimate, and the actual time taken may depend on various factors, such as the complexity of the trademark and any objections or oppositions filed by third parties.

14. Can a foreign individual or entity apply for trademark registration in India?

Yes, a foreign individual or entity can apply for trademark registration in India. However, they must have a valid address for service in India for the application and subsequent proceedings. Additionally, they may have to provide proof of use or intent to use the trademark in India. It is recommended that you seek guidance from a trademark attorney or agent in India during the registration process.

15. What is the cost of trademark registration in India?

The cost of trademark registration in India varies depending on the type of applicant and the number of classes under which the trademark is filed. The government fee for filing a trademark application starts from Rs. 4500 for an individual applicant and Rs.9000 for a company. Additionally, there may be professional fees, GST on professional fees, and small amounts the applicant spends on stamp duty and notarisation.

16. What happens if I don't renew my trademark after ten years?

If you fail to renew your trademark after ten years, it may be removed from the Register of Trademarks and become available for others to register. However, you have a grace period of 6 months post-expiry to renew it with a late fee.

17. What is a trademark objection?

When you apply for a trademark in India, the Trademarks Office will examine your application to ensure it meets the requirements set out in the Trademark Act, 1999 and the Trademark Rules, 2017. If the examiner finds any issues with your application, they will issue a report called an Examination Report. This report will explain why your trademark has been objected to. You will then have 30 days to respond to this report. To overcome the objections raised, you must provide evidence or arguments that address the issues raised in the report.

18. Can I sell or transfer my trademark to someone else?

Yes, a registered trademark is an intangible asset that can be sold, transferred, or licensed to another entity through assignment.

19. Do I need to hire a trademark attorney to register a trademark?

While it is possible to register a trademark yourself, hiring a trademark attorney can be beneficial. They have the expertise to conduct a comprehensive trademark search, handle paperwork, respond to objections, and advise you on trademark law. It is recommended that you seek guidance from a trademark attorney or agent in India during the registration process.

20. Why should I choose SetIndiabiz for trademark registration?

SetIndiabiz offers end-to-end trademark registration services handled by a team of skilled professionals. We are known for our expertise, personalised attention, transparent pricing, fast and efficient service, and strong commitment to client satisfaction. We conduct a comprehensive trademark search, handle paperwork, respond to objections, and advise you on trademark law.
A trademark protects brand names, logos, and other brand identifiers. A copyright protects original works of authorship, like books, music, and art. A patent, on the other hand, protects new inventions or industrial processes.

22. Can I register a trademark for a name or logo I haven't used yet?

Yes, you can apply for a trademark for a name or logo you plan to use. This is known as an “intent-to-use” application.

23. What happens if my trademark application gets rejected?

If your application is rejected, you have the right to appeal to the High Court (Earlier, it used to be with the Intellectual Property Appellate Board (IPAB), which is now dissolved. You can appeal within three months from the date of the receipt of the order rejecting the application.

24. What are the penalties for trademark infringement in India?

Penalties for trademark infringement in India can be severe. They can include fines, imprisonment, or both, depending on the nature and scale of the infringement.

25. Can a single trademark application be made for multiple classes?

Yes, a single trademark application, known as a multi-class application, can be made for multiple classes. However, the government fee will increase with each additional class.

26. Can I change my trademark after it’s been registered?

Once a trademark is registered, it cannot be amended to alter the mark substantially. However, minor changes may be possible under certain circumstances. A new trademark application would need to be filed for a significant change.

27. How do I renew my trademark?

Trademark renewal can be done by filing a renewal request with the prescribed fee at the Trademark Registry, either online or offline. This should be done within six months before the registration or renewal term expires.

28. What is a Collective Mark?

A collective mark is a trademark owned by an organisation (such as an association or cooperative), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation.

29. What is a Certification Mark?

A certification mark is a trademark that shows consumers that particular goods or services or their providers have met certain standards.

30. Is it necessary to register a trademark?

While it’s not mandatory to register a trademark in India, it’s highly recommended. Unregistered trademarks are only protected within the geographical area of their use, while a registered trademark enjoys nationwide protection.

31. What are the consequences of not protecting your trademark?

Not protecting your trademark can have several consequences. If someone else starts using a similar or identical mark, it may dilute your brand and confuse consumers. This can lead to lost business and damage to your reputation. In extreme cases, failure to protect your trademark can result in losing your rights to the mark. It’s important to take proactive steps to protect your trademark, such as registering it with the appropriate authorities and enforcing your rights against infringers.

32. What is the process for public opposition?

Suppose someone believes that a trademark application should not be granted. In that case, they can file a notice of opposition with the Trademark Registry within four months of the publication of the application in the Trademark Journal. The notice of opposition must state the grounds for opposition and the evidence supporting those grounds. The trademark applicant can then file a counter-statement within two months of receiving the notice of opposition. The parties can then provide evidence in support of their respective positions, and the Registrar will decide the matter based on the evidence and arguments presented. If the opposition is successful, the trademark will not be registered.

33. What happens if the public opposes the trademark?

If the public opposes a trademark, the matter will be heard by the Registrar of Trademarks. The Registrar will examine the evidence and arguments presented by both parties and decide on whether the trademark should be granted registration or not. If the opposition is successful, the trademark will not be registered. If the opposition is unsuccessful, the trademark will proceed to registration. It’s important to note that the opposition process can be time-consuming and expensive, so it’s best to work with an experienced trademark attorney to help navigate the process.

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Don’t let copycats steal your Trademark or Brand. Register your trademarks now in India to protect your brand, logo, slogan, etc. We have helped over 15K Brands secure their IP.

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