Trademark Registration Process
Free Trademark Search1 Hour
Our Trademark Attorney will perform a Trademark Search to check the availability of the desired name or logo or design. Once it is confirmed that desired mark has neither already been taken nor too similar to an existing trademark, we can proceed further with the payment for the Trademark Registration. You can also search the availability of trademark through our Trademark Search bar to well ensure the availability. This is a free service.
TM-1 Application Filing1 Working Day
Once we ensure that the desired mark is exclusive, we will send you an authorisation letter which must be duly signed by you and return to us which give authorisation to our attorney to file a Trademark application on behalf of the customers. On receipt of the authorisation letter, our Trademark Attorney will prepare the trademark application based on the information provided and a preview is sent to you before filing for confirmation and signing. We file the same with ipindia and in return, we will provide you a receipt and TM application number. As soon as the application is filed, you can start using the 'TM' symbol with your brand name.
Govt Approval10 - 24 Months
After filing the application with the trademark registrar, the trademark examiner process and verify the application. You can track the trademark application status through the TM application number. While processing the application, the government may raise an objection if the mark is found identical with some other registered mark, hurt the religious sentiments, obscene or on any other ground.
In case of no objection, an advertisement will publish in the Trademark Journal to invite the opposition by the third party. If there is no opposition, the government approved the trademark and registered within next six months. Once the trademark gets registered, you can start using the 'R' symbol with the brand name
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Price Breakdown Documents Required Timelines
Trademark Registration Cost
|Trademark Consultancy on Class and Availability||Free|
|Government Fees (Individuals)||Rs 4,500|
|Professional Fees||Rs 1,270|
|Goods & Service Tax||Rs 229|
|Total Cost (Individuals)||Rs 5,999*|
|Trademark Consultancy on Class and Availability||Free|
|Government Fees for Companies||Rs 9,000|
|Professional Fees||Rs 2,542|
|Goods & Service Tax||Rs 457|
|Total Cost (Companies)||Rs 11,999|
|Trademark Search and Consultancy||Free|
|Government Fees||Rs 4,500|
|Professional Fees||Rs 1,270|
|Goods & Service Tax||Rs 229|
|Total Cost (Companies)||Rs 5,999|
Documents Required for Filing a Trademark
Only scanned copies are required.
Scanned copy of PAN Card of the applicant and ID (Aadhar card/ Voter Card/ Passport/ DL)
Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months
A soft copy of trademark to be registered
Power Of Attorney
Duly signed by the applicant to authorise us to file on their behalf
Board Resolution *
* Only in case of applicant is a company
What do you get
A TM registration acknowledgement slip with payment details
A stamped copy of form TM-A bearing application number
Trademark Class Selector
Questions? Call us on 011-395-95858
What can be Trademarked?
A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.
A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.
The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.
The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.
Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.
Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.
Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.
The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
Frequently Asked Questions
What is a Trademark Class?
India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
What is the Need of Trademark Classification?
TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is:
- to clearly identify the goods and services covered by the mark
- a guide for the trademark registration
- to identify the potential future trademark infringes
- to assist the trademark officer
When Can I use 'TM' and 'R' Symbol with My Trademark and What they Signify?s
Trademark symbol 'TM' is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol 'R' signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
Can I Apply for an Existing Registered Mark but in a Different Class?
Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.
What is the Difference between Trademark, Copyright and Patent?
Trademark, copyright and patent are the types of intellectual property in India. Although all types of intellectual property are very different, but people often confuse among them.
Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, artistic work either published or unpublished.
Patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration.
Is Registration of Trademark Compulsory?
Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trademark provides you with the legal protection in the event of any infringement arises.
Is it Compulsory to Hire an Attorney for filing the Trademark Application?
It's not mandatory requirement to hire an attorney. You can initiate a trademark application on your own through the ipindia online portal. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for trademark to make the application 50% more likely to register.
What are The Common Grounds for Trademark Application Rejection?
A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India
What is the Validity Period of a Trademark?
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
Where to Check the Availability of the Desired Trademark?
You can search the online trademark database to check the availability of the desired trademark. QuickCompany Search bar and ipindia are the most commonly used platform for free trademark search.
Who Can Apply for a Trademark?
Who can obtain a trademark is depend on the applicant type:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only.
Is a Trademark Registered in India Valid in Foreign Countries?
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration India serves as the basic mark for the international trademark registration.
Can Amendment be Made in the Registered Trademark?
As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.
Does One have to Present Physically to Register a Trademark
No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.
What is the Need for Brand Name Registration?
There are numerous advantages to registering the brand name:
- A registered trademark provides greater protection
- It deters others from using your trademark
- Registering a trademark provides the trademark owner with greater remedies
- Protecting your brand from infringement claims
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The proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
Two proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
Three proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
A thorough search of the TM directory. Authorization letter drafting.