TM Registration: Protect Your Brand
Protect your brand with the right trademark! Ensure your trademark stands out by choosing the perfect keywords for registration. Start your trademark search today and secure your unique identity in the market. Register your trademark in India now with expert assistance from SetupFiling.in. Get started today for hassle-free and cost-effective TM registration!
Apply for Trademark
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Trademark Availability Search
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Trademark Registration Under One Class
- Submit Documents
- Make Payment
- Start Using as TM within 24Hours
TM Registration Introduction
Trademark (TM) registration is a legal process that grants a business or individual the exclusive right to use a distinctive mark, logo, slogan, logo, or a combination of these to identify their products or services It’s helpful to do. Once registered, the trademark owner acquires legal ownership and the right to prevent others from using the same or similar marks.
Trademark registration is important for increasing brand recognition, maintaining consumer confidence and protecting intellectual property rights. This is important to protect brand identity and prevent abuse or infringement. The process includes searching for existing trademarks, submitting an application, having them reviewed by the Registrar, published, and finally registered
Registering your trademark protects your brand and provides legal recourse against unauthorized use, ensuring that your trademark remains unique and safe in the marketplace.
What is TM Registration?
Trademark (TM) registration is a legal process that grants exclusive rights to a name, logo, symbol, words, or distinctive design that distinguishes your product or service from others in the marketplace. It ensures that no other business can use the same symbol, which could confuse consumers.
In India, once a trade mark is registered under the Trade Marks Act, 1999, the owner gets legal protection and can take action against infringement of the mark Registered trade marks also help in owning the brand identity and consumer trust by preserving the uniqueness and authenticity of the brand.
Benefits of Trademark - TM Registration in India
- Exclusive Legal Rights: When registering a trademark, you get the sole right to use it for your goods or services. This stops others from using marks that might mix up customers.
- Brand Protection: Your brand’s identity stays safe with a registered trademark. It helps set your products or services apart from rivals and steers clear of copying issues. Legal
- Protection Against Infringement: You can sue someone who uses your registered trademark without asking. In court, your registered trademark proves you own it.
- Builds Brand Recognition and Trust: A registered trademark boosts brand awareness, which can make customers trust and stick with you more. It shows your business is set up and has legal protection.
- Nationwide Coverage: Once you register, your trademark has protection all over India. This gives you broad legal safety from unauthorized use even if you do business .
- Asset Creation: Your registered trademark is something valuable your business owns. You can sell it, franchise it, or license it giving you more ways to make money.
- Protection for 10 Years: When you register a trademark, it lasts for 10 years. You can keep renewing it forever, which means long-term safety for your brand.
These benefits make trademark registration a critical step for protecting and growing your brand in India.
Trademark Registration Fee in India
Apply for Trademark Registration
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
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Trademark Availability Search
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Drafting of User Affidavit
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Filing of Trademark Application
How to Register Your Trademark?
1. Conduct a Trademark Search
Before filing an application, it is crucial to conduct a comprehensive trademark search. This will ensure that your chosen trademark is unique and does not infringe upon any existing trademarks. By conducting a thorough search, you can minimize the risk of rejection or opposition during the registration process.
2. Prepare Your Trademark Application
Once you have conducted a trademark search and determined that your mark is available, it’s time to prepare your trademark application. This involves providing detailed information about your brand, including its mark, class of goods or services, and the date of first use. It is essential to accurately complete the application to avoid delays or rejections.
3. File Your Trademark Application
After completing your trademark application, you can file it with the appropriate intellectual property office. The process may vary depending on your jurisdiction, but it generally involves submitting the application, paying the required fees, and providing any supporting documents. Once filed, your application will undergo examination for compliance with the trademark registration requirements.
4. Monitor Your Trademark
After your trademark has been registered, it is essential to actively monitor its use in the marketplace. This involves keeping an eye out for any potential infringements or unauthorized use of your mark. Regular monitoring helps you identify and address potential violations promptly, ensuring the continued protection of your intellectual property.
Validity of Trademark Registration Certificate
A registered trademark in India is valid for 10 years from the date of filing the application. During this period, the owner has exclusive rights to use the trademark and can take legal action against anyone using a similar or identical mark without permission.
Before the 10-year period ends, the trademark can be renewed for another 10 years, ensuring continued protection. There is no limit to the number of times a trademark can be renewed, meaning it can provide indefinite protection as long as the renewals are timely.
If the trademark is not renewed within the stipulated time, it may lapse, and the owner loses legal rights to the mark. However, there is a grace period for renewal even after expiry, but failure to renew within this time can result in the trademark being removed from the registry.
Protect Your Brand Before its get copied. Consult our Trademark Attorney Today!
FAQs: Trademark Registration in India
How long is a registered trademark valid in India?
A registered trademark is valid for 10 years from the date of application. It can be renewed indefinitely in 10-year intervals to maintain protection.
What happens if I don’t renew my trademark?
If you fail to renew your trademark within the renewal period or the grace period, your trademark will lapse, and you lose exclusive rights to it. You may need to reapply, risking that someone else might claim the mark in the meantime.
When should I renew my trademark?
You should renew your trademark before the 10-year validity period ends. You can apply for renewal within six months before the expiration date.
Can I renew my trademark after its expiry date?
Yes, you can renew your trademark within a grace period of six months after expiry, but late renewal may incur additional fees. After this period, the trademark can be removed from the registry.
Is there a limit to how many times I can renew my trademark?
No, there is no limit. As long as you continue to renew the trademark every 10 years, you can maintain ownership and protection of the mark indefinitely.
What are the consequences of letting my trademark lapse?
Once lapsed, anyone can apply for registration of the same or a similar trademark, and you may lose the legal right to use it. You also lose the ability to enforce legal action against infringers.
How can I check the validity of my trademark?
You can check the status and validity of your trademark on the IP India website by searching for your trademark application number or registered trademark details.
Can I use the ™ or ® symbol before my trademark is registered?
You can use the ™ symbol as soon as you apply for the trademark to indicate that it’s pending registration. The ® symbol can only be used once the trademark is officially registered.