To check if a trademark is registered in India, visit the IP India website (http://ipindiaonline.gov.in/). Use the Trademark Search feature to search by trademark name, number, or class. Enter the details in the search fields and review the results to see if the trademark is already registered or applied for. You can find information on the trademark’s status, registration number, and applicant details. For a comprehensive search and legal advice, consider consulting a trademark attorney or professional service. Regular searches help ensure that your trademark is unique and does not infringe on existing ones.
Trademark Registration in India
Trademark registration is a crucial step in protecting your brand and securing your business identity. It ensures legal protection and exclusive rights to your brand name, logo, or slogan, ensuring a strong and recognizable brand. Consult our trademark attorney to start the trademark registration process.
Pricing Summary
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
₹
6499/-
- Trademark Availability Search
- Trademark Registration Under One Class
- Order Online
- Submit your Documents
- Get Filed Documents within 24hrs
Trademark Registration in India: Overview
Trademark registration is a critical step for Indian businesses looking to protect their brand identity and ensure legal exclusivity. A trademark is a unique mark for goods or services, such as a word, phrase, symbol, or design, that enables customers to recognize and distinguish one brand from another. The Trademarks Act of 1999 and the Trade Marks Rules of 2017 govern trademark registration in India. The registration process consists of a thorough search, application submission, examination, publication, and registration. Trademark registration provides exclusive rights, legal protection, brand recognition, and increased commercial value. The Trademarks Journal allows the public to oppose a registration within four months otherwise Trademark Registration certificate will get issued.
What Is Trademark?
A trademark is a distinctive mark for products or services that can be a word, logo, phrase, symbol, design, or a combination of these elements. It helps customers recognize and distinguish one brand from another, thereby building brand loyalty and trust.
Important Points About Trademarks
- Identification: Trademarks identify the source of goods or services, allowing consumers to distinguish between different brands.
- Legal Protection: Trademarks offer legal protection for a brand, preventing others from using similar marks that may cause confusion.
- Intellectual Property: Trademarks are considered intellectual property, giving the owner exclusive rights to use the mark.
- Trademark symbols: Trademark symbols include ™ (for unregistered trademarks) and ® (for registered trademarks)
Trademark Registration Fee in India
Apply for Trademark Registration
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
₹
6500/-
- Trademark Availability Search
- Drafting of User Affidavit
- Filing of Trademark Application
Trademark Registration Process in India
Registering a trademark in India involves several steps to ensure your brand is legally protected. Here’s a concise overview of the process:
Step 1. Trademark Search:
Conducting a trademark search is a crucial step to ensure your desired trademark is unique and not already registered. Here’s how you can do it in India:
- Visit the IP India Website: Go to the Intellectual Property India portal.
- Select the Search Type: You can choose from three types of searches:
- Wordmark: For trademarks that are words or combinations of words.
- Phonetic: To find trademarks that sound similar.
- Vienna Code: For trademarks that include images or logos.
- Enter the Details: Input the trademark name, class of goods/services, and other relevant details.
- Review the Results: Analyze the search results to check for any existing trademarks that are similar to yours.
- Consult a Professional: It’s often helpful to consult with a trademark attorney to ensure a comprehensive search and interpretation of the results.
Step 2. Trademark Application Filing:
- Prepare the Application: Gather all necessary information, including:
– The trademark (word, logo, or combination)
– Applicant’s details (name, address)
– Description of goods or services
– Date of first use (if applicable) - E-Filing: Fill out the trademark application form (Form TM-A) and upload the required documents with help of your Trademark Attorney.
- Pay the Fees: The application fee varies depending on the type of applicants (individual, startup, small enterprise, or others) and the number of classes of goods/services.
- Submit the Application: Once the form is filled and the fee is paid, submit the application online.
- Acknowledgment: After submission, you will receive an acknowledgement with a unique application number, which you can use to track the status of your application. After receiving the application number you can use this as TM
Step 3. Trademark Examination:
The examination of a trademark application is a critical step in the registration process. Here’s what it involves:
- Formal Examination: The trademark office first checks if the application complies with all formal requirements, such as proper classification and completeness of the application.
- Substantive Examination: An examiner reviews the application to ensure the trademark is distinctive and not similar to existing trademarks. They assess:
• Distinctiveness: The trademark must be unique and capable of distinguishing your goods/services from others.
• Conflict with Existing Trademarks: The examiner checks for any conflicts with already registered or pending trademarks.
• Compliance with Legal Provisions: The trademark must not be deceptive, scandalous, or contrary to law. - Examination Report: If any issues are found, the examiner issues an examination report detailing the objections. You will have a specified period (usually one month) to respond to these objections.
- Hearing (if necessary): If the objections are not resolved through written responses, a hearing may be scheduled where you can present your case.
- Acceptance or Rejection: Based on your responses and any hearings, the trademark office will either accept the application for publication or reject it.
Step 4. Trademark Publication:
In India, once a trademark application passes the examination stage without any objections or if any objections are resolved, it is published in the Trademark Journal. This publication allows for public scrutiny and allows third parties to oppose the registration if they believe the mark infringes upon their rights. The opposition period lasts for 4 Months from the date of publication. If no opposition is filed within this period, the trademark proceeds to registration.
Step 5. Issuance of Trademark Registration certificate:
If there are no oppositions, or if oppositions are resolved in your favor, the trademark is registered, and a registration certificate is issued. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or text.
How long does the trademark registration process take?
The trademark application process in India typically takes 12 to 18 months, depending on the application’s completeness, any objections or oppositions raised, and the Trademark Office’s workload. A trademark search is the first step, followed by application filing, examination, publication, and registration. If the application is accepted, it is published in the Trademarks Journal for public opposition for a four-month period. If no opposition is filed, the trademark is registered, and a certificate is provided.
Difference Between ™ And ® Symbols
™ (Trademark)
This symbol indicates that a word, logo, or phrase is being applied as a trademark by a business or individual. It can be used without any formal registration. Essentially, it signals that the owner considers the mark to be their unique identifier and is asserting their rights over it.
Example – The brand Amul™ often uses the ™ symbol to indicate that their slogan “The Taste of India™” is a trademark, even if it might not be registered.
® (Registered Trademark)
This symbol is used once a trademark has been officially registered with the relevant government trademark office, such as the Intellectual Property India Office. It provides legal protection and signifies that the trademark is officially recognized and protected under trademark law.
Example: The brand Tata® uses the ® symbol to show that their name and logo are registered trademarks, providing them with legal protection.
Type of Trademark
Business Name
The most important trademark is your Business Name, You must protect it immediately before someone else get copy.
Logo of the Company
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.
Punchline or Slogan
Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark registration in India.
Brand Name
The products of business are known by its independent name. It may be a wordmark or a device mark (image).
Domain Name
The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it
Sound Mark
If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark.
Trademark Registration Benefits
Ensuring Exclusive Rights
Trademark registration grants you the exclusive rights to use a particular mark, logo, or slogan associated with your products or services. By registering your trademark, you gain legal protection against unauthorized use or infringement by others. This protection allows you to establish a unique brand identity and maintain your competitive edge in the market.
Provide Legal Protection
Trademark registration provides legal protection to the owner of the trademark, which means that the owner can take legal action against any person or business that uses the same or similar trademark for similar goods or services without the owner’s consent. The legal protection also allows the owner to seek damages and other legal remedies in case of infringement.
Building Brand Reputation and Trust
A registered trademark adds credibility and trustworthiness to your brand. It signals to consumers that your products or services are authentic and reliable. Trademarks help create a distinct brand image, making it easier for customers to identify and choose your offerings over competitors. It also strengthens customer loyalty and enhances your overall brand reputation.
Create Asset Value
A registered trademark is an intangible asset that can be valued and used for various business purposes, such as licensing and franchising. A registered trademark also enhances the value of the business and can be used as a valuable asset in the event of a sale or acquisition of the business.
Opportunity for International Protection
Trademark registration can be used to obtain protection in foreign countries through international treaties and agreements. This allows the owner to expand their business globally and protect their trademark in multiple countries.
Use of ® symbol
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. If someone else use the trademark then you can also sue the party if the trademark is registered.
Trademark classes in India
In India, trademarks are classified into various categories based on the type of goods and services they represent. This classification system is known as the Nice Classification, established by the Nice Agreement (1957), and is used internationally. In India, this system is adopted and managed by the Office of the Controller General of Patents, Designs, and Trade Marks. There are 45 trademark classes in total, divided into two broad categories:
- Classes 1 to 34: These classes cover goods.
Classes - 35 to 45: These classes cover services.
Validity of Trademark Registration in India
Trademarks are valid for 10 years and can be renewed indefinitely every 10 years. Renewing a trademark in India involves the following steps:
- Application for Renewal: File a renewal application (Form TM-R) with the Trademark Registry before the expiry of the trademark, which is valid for 10 years from the date of registration.
- Payment of Fees: Pay the required renewal fees along with the application.
- Grace Period: If you miss the renewal deadline, there is a six-month grace period during which you can still renew the trademark by paying additional fees.
- Publication: Once renewed, the renewal is published in the Trademark Journal.
- Confirmation: The Trademark Registry issues a renewal certificate confirming the extension of the trademark’s validity for another 10 years.
FAQs on Trademark Registration
How much does it cost to register a trademark in India?
The cost of registering a trademark in India varies based on the type of applicant and the class of goods or services associated with the trademark. Here are the key details:
Govt Fees
- For Individuals and MSMEs:
- E-filing: ₹4,500 per mark per class
- For Companies:
- E-filing: ₹9,000 per mark per class
Additional Costs
- Professional Fees: SetupFiling.in Professional Fees for trademark Filing is Rs1999 per application
- Search Fees: Conducting a search for existing trademarks may incur further costs.
Who are eligible for trademark in India?
In India, trademarks can be registered by various entities, including:
- Individuals: Any person who is a citizen of India or a resident of India can apply for a trademark.
- Companies: Both private and public companies registered under the Companies Act can apply for trademarks.
- Partnership Firms: Firms registered under the Indian Partnership Act can also apply for trademarks.
- Proprietorships: Sole proprietors can register trademarks in their own name.
- Limited Liability Partnerships (LLPs): LLPs can apply for trademarks as well.
- Trusts and Societies: Trusts and societies registered under relevant laws in India can apply for trademarks.
- Foreign Entities: Foreign companies or individuals can also apply for trademarks in India, but they need to appoint an agent or representative in India for the application process.
The eligibility primarily revolves around the ability of the applicant to use the trademark in commerce and to provide a valid address for correspondence in India. If the applicant is not based in India, having a local representative is essential for the process.
Can foreigners apply for trademark in India?
Yes, foreigners can apply for trademark registration in India. They must file their application with the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). Foreign applicants often need to appoint a local attorney or agent to handle the registration process and comply with Indian trademark laws and regulations.
How long is a trademark valid in India?
In India, a trademark registration is valid for 10 years from the date of filing. This period is calculated from the date of the application’s acceptance.
To maintain the trademark’s validity, the owner must renew it every 10 years. The renewal process should be initiated within six months before the expiration of the current registration. If the renewal is not filed on time, there is a grace period of six months after the expiration during which the trademark can still be renewed with a late fee.
Proper renewal ensures that the trademark remains in force and continues to provide protection for the goods or services it represents.
Is GST required for trademark registration in India?
No, GST Registration is not mandatory for Trademark Registration in india.
What Documents are required for trademark in india?
To Register a Trademark in India We need following information from applicant side –
- Applicant Information like Name, Address Contact Details
- Brand Name
- Logo – if any
- User ship Proof
- TM – A
- TM -48
can we sell trademark in India?
Yes, you can sell a trademark in India. The process of transferring ownership of a trademark involves several steps:
- Assignment Agreement: The seller and buyer must execute an assignment agreement, which is a legal document that outlines the terms and conditions of the transfer. This agreement should be signed by both parties and may need to be notarized.
- Application for Recordal of Assignment: The transfer of a trademark must be recorded with the Indian Trademark Office. This involves filing an application for the recordal of assignment using Form TM-P. The application must be submitted along with the assignment agreement and other relevant documents.
- Payment of Fees: The application for recordal of assignment is subject to a fee, which is determined by the Indian Trademark Office. The fee may include GST.
- Documentation: Along with the application, you will need to provide documents such as the original or a certified copy of the assignment agreement, proof of payment, and any additional documents required by the Trademark Office.
- Examination and Registration: The Trademark Office will examine the application for recordal. If everything is in order, they will update the trademark register to reflect the new owner.
- Issuance of Certificate: Once the assignment is recorded, the new owner will receive a certificate of registration reflecting the updated ownership details.
It’s advisable to consult with a trademark attorney to ensure that all legal and procedural requirements are properly addressed during the transfer process.
What are the benefits of trademark registration in India?
Trademark registration in India offers legal protection, exclusive rights to use the mark, and the ability to take action against infringement. It enhances brand value and recognition, allows use of the ® symbol, and provides customs protection against counterfeit goods. Additionally, it can be a valuable business asset and helps in expanding into new markets.
who provides trademark in India?
In India, trademarks are provided and regulated by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM), which operates under the Ministry of Commerce and Industry. The CGPDTM manages the registration process, examination, and administration of trademarks in India. Applications for trademark registration are filed with this office.
How to trademark a brand name in India?
To trademark a brand name in India, follow these steps:
- Conduct a Trademark Search: Check for existing trademarks to ensure your brand name is unique.
- File an Application: Submit the application online or at the Trademark Office, including details of the brand name and the goods or services.
- Examination: The application will be examined by the Trademark Office for compliance and conflicts.
- Publication: If accepted, the trademark is published in the Trademark Journal for opposition.
- Registration: If no oppositions are filed, the trademark will be registered, and you will receive a registration certificate.
Consider hiring a trademark attorney to assist with the process.
Can I do trademark registration myself in India?
Yes, you can file a trademark registration application yourself in India. The process can be done online through the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM). However, it’s often advisable to consult with a trademark attorney to ensure that your application is properly prepared and to handle any legal complexities that may arise during the registration process.
Can you trademark a logo in India?
Yes, you can trademark a logo in India. To do so, you need to file an application with the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) that includes a clear representation of the logo and specifies the goods or services for which it will be used. Once registered, the logo will be protected under trademark law, preventing others from using a similar mark.
How are trademarks registered in India?
To register a trademark in India, follow these steps:
- Conduct a Trademark Search: Check for existing trademarks to ensure your mark is unique and not similar to any registered or pending marks.
- Prepare the Application: Gather necessary details including the trademark name or logo, the goods or services it will be used for, and the applicant’s information.
- File the Application: Submit your application online through the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM) or at the Trademark Office.
- Examination: The application will be examined by a trademark examiner to ensure it meets legal requirements and does not conflict with existing trademarks.
- Publication: If the application passes the examination, it is published in the Trademark Journal. This allows others to oppose the registration if they believe it infringes on their rights.
- Opposition Period: There is a period (usually four months) during which third parties can file an opposition against the registration.
- Registration: If there are no oppositions or if oppositions are resolved in favor of the applicant, the trademark is registered, and a registration certificate is issued.
- Renewal: Trademarks need to be renewed every ten years to maintain their validity.
While you can handle the process yourself, consulting a trademark attorney can help ensure the application is correctly filed and navigates any potential issues.
Can I use TM on my logo in India?
Yes, you can use the ™ symbol on your logo in India. The ™ symbol indicates that you are claiming a trademark on a particular logo or brand name, even if it hasn’t been officially registered with the trademark authorities.
Do trademarks expire in India?
Yes, trademarks do expire in India. Once registered, a trademark is valid for 10 years from the date of registration. However, you can renew it indefinitely in 10-year periods.
How much time does it take to register a trademark in India?
The process of registering a trademark in India typically takes around 12 to 18 months, but this can vary based on several factors, including the complexity of the application, the workload of the trademark office, and whether there are any objections or oppositions.
Can i register a trademark without a company in India?
Yes, you can register a trademark in India even if you do not have a company. Individuals, as well as businesses, can apply for trademark registration.
How do i know if a trademark is registered in India?
What can not be trademarked in India?
In India, certain things cannot be trademarked, including:
- Generic Terms: Common words or terms that are used generically for products or services (e.g., “apple” for fruit).
- Descriptive Marks: Words that simply describe the product or service, such as “Sweet” for candy.
- Deceptive Marks: Marks that can mislead or deceive consumers, such as a name suggesting a product is certified when it is not.
- National Symbols: Flags, emblems, and official signs of India or other countries.
- Names and Images of Leaders: The names, portraits, or signatures of living or deceased leaders without permission.
- Offensive Marks: Marks that are immoral, scandalous, or offensive to public sentiments.
- Names of Institutions: Names that are identical or confusingly similar to established institutions or organizations.
These restrictions help prevent consumer confusion and protect public symbols and morals
Can a person's name be trademarked in India?
Yes, a person’s name can be trademarked in India if it is distinctive, used in trade, and does not conflict with existing trademarks.
What is the difference between TM and R in India?
In India, “TM” and “R” symbols indicate different stages of trademark protection:
- TM (Trademark): This symbol is used to signify that a trademark is being claimed for goods or services, but it is not yet registered. It indicates that the owner is using or intends to use the mark and is seeking protection for it.
- R (Registered): This symbol, ®, indicates that a trademark is officially registered with the Trade Marks Registry. It signifies that the mark has gone through the registration process and is legally protected.
Using the ® symbol without a registered trademark is illegal and can lead to legal consequences.
What is the difference between TM and R and C?
In the context of trademarks in India:
- TM (Trademark): This symbol is used to indicate that a trademark is claimed or in use but is not yet registered. It shows that the owner is asserting a claim to the mark, even though it is still pending or not officially registered.
- R (Registered): This symbol, ®, signifies that the trademark is officially registered with the Trade Marks Registry. It indicates that the mark has completed the registration process and is legally protected.
- C (Copyright): This symbol, ©, is used to denote that a work is protected by copyright. It is not related to trademarks but rather to copyright protection, which covers literary, artistic, and other creative works.
So, TM and R are related to trademarks, while C is related to copyright.
