Apply for Trademark in India | Protect Your Brand Identity
Protect your business by applying for a trademark in India. Follow our step-by-step guide to ensure exclusive rights to your brand and prevent unauthorized use. Start your trademark registration process. Apply for Trademark today!
Pricing Summary
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Trademark Registration Under One Class
- Order Online
- Submit your Documents
- Get Filed Documents within 24hrs
How to Apply for Trademark in India: A Comprehensive Guide
Applying for a trademark in India is a crucial step for businesses seeking to protect their brand identity and ensure exclusive rights to their marks. This blog post outlines the essential steps involved in the trademark application process, the necessary documentation, and tips for a successful application.
What is Trademark?
A trademark can include various elements such as words, logos, slogans, sounds, and even smells that distinguish your goods or services from others. The registration of a trademark not only protects your brand but also enhances its value by preventing unauthorized use by competitors.
Cost of Trademark Registration
Apply for Trademark Registration
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Drafting of User Affidavit
- Filing of Trademark Application
Step-by-Step Process to Apply for a Trademark
1. Conduct a Trademark Search :
Before applying, conduct a comprehensive trademark search to ensure that your desired mark is unique and not already registered. This can be done through the official Indian Trademark Registry website or via legal services that specialize in intellectual property.
2. Identify the Appropriate Class
Trademarks are classified according to the Nice Classification system, which categorizes goods and services into specific classes. It’s essential to select the correct class(es) that correspond to your products or services, as this cannot be expanded later on.
3. Prepare the Application
Fill out Form TM-A, providing all necessary details including:
- Representation of the trademark
- Applicant’s name and address
- Description of goods/services
- Ensure that you specify whether the trademark is “proposed to be used” or “in use” since this affects the documentation required
4. Submit the Application and Pay Fees
Submit your application online or physically at the Trademark Registry office along with the requisite fee. Online submissions often come with a discount on fee
5. Examination Stage
The trademark office will examine your application for any conflicts with existing trademarks and compliance with statutory requirements. You may receive an examination report outlining any objections that need to be addressed
6. Publication and Opposition Period
If no objections arise during examination, your application will be published in the Trademark Journal for a period of three to four months. During this time, third parties can oppose your registration if they believe it infringes on their rights
7. Registration
If there are no oppositions or if they are resolved favorably, your trademark will be registered, and you will receive a certificate confirming your exclusive rights
Key Considerations before apply for trademark
- Documentation: Ensure all documents are accurate and complete. Common documents include proof of prior use (if applicable), identity proof of the applicant, and any required certificates for MSMEs or startups to avail of fee reductions
- Legal Entity: Specify whether you are applying as an individual, partnership firm, company, or other legal entity. This information is crucial for processing your application correctly
- Type of Trademark: Decide on the type of trademark you wish to register—word mark, logo mark, sound mark, etc.—and ensure it meets distinctiveness criteria to avoid rejection
Registering a trademark in India is an essential strategy for safeguarding your brand and enhancing its market value. By following these steps diligently and ensuring compliance with all requirements, you can navigate the application process smoothly. For further assistance, consider consulting with legal experts specializing in intellectual property rights.
Protect Your Brand Before its get copied. Consult our Trademark Attorney Today!
FAQ On Trademark Registration Services
1. What is a trademark?
A trademark is a unique sign, logo, word, or combination that distinguishes the goods or services of one entity from those of others. It can include names, logos, slogans, and even non-conventional marks like sounds or colors.
2. Who can apply for a trademark in India?
Individuals, businesses (including companies and partnerships), NGOs, trusts, and government organizations can apply for trademark registration in India.
3. What documents are required to apply for a trademark?
The required documents vary based on the applicant type but generally include:
- For individuals: PAN card and Aadhar card.
- For companies: Incorporation certificate, PAN card, and possibly an MSME registration certificate.
- A soft copy of the trademark and a power of attorney may also be needed.
4. How do I conduct a trademark search?
You can conduct a trademark search using the Indian Trademark Registry’s online database to ensure that your desired trademark is not already registered or similar to existing trademarks.
5. What is the process for applying for a trademark?
The process includes:
- Conducting a trademark search.
- Filing the application online through the e-filing system of the Controller General of Patents, Designs, and Trademarks (CGPDTM).
- The application undergoes examination.If accepted, it is published in the Trademark Journal for opposition.
- If no oppositions arise, the trademark is registered.
6. How long does the trademark registration process take?
The entire process typically takes about 1-2 years, depending on various factors such as objections or oppositions.
7. What are the fees associated with trademark registration?
Fees vary based on the type of applicant and the number of goods/services covered. Generally, fees start around ₹10,000 for individuals.
8. How long is a registered trademark valid?
A registered trademark in India is valid for ten years from the filing date and can be renewed indefinitely after that period.
9. Can I use my trademark while my application is pending?
Yes, once you receive an allotment number after filing your application, you can use the ™ symbol next to your brand name until your trademark is officially registered.
10. What happens if my trademark application faces opposition?
If there are objections during the publication period, you must respond within two months with a counter-statement to defend your application. A hearing may be scheduled to resolve the issue before final approval.