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Trademark Registration
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Trademark Registration
A trademark is a sign, symbol, or design that is used to identify and distinguish a particular product or service from those of others. It can be a word, phrase, logo, symbol, design, or combination of these elements. It serves as a source identifier that lets consumers know that the product or service they are purchasing comes from a specific source, and it acts as a symbol of quality and consistency.
Trademarks are governed under the Trademarks Act, 1999, and the process of obtaining legal recognition for a trademark is called trademark registration. Once a trademark is registered, the owner has exclusive rights to use the trademark in connection with the goods or services for which it is registered.
Trademarks are important for businesses as they help to protect the company's brand and reputation, and they can be valuable assets that can be licensed or sold. Trademarks can also be a useful tool for preventing others from using confusingly similar marks that may cause consumer confusion.
Trademark registration in India is the process of obtaining legal recognition for a trademark, which is a sign, symbol, or design that is used to identify and distinguish a particular product or service from those of others. In India, the process of trademark registration is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
The trademark registration process in India involves the following steps:
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Trademark search: The first step is to conduct a trademark search to ensure that the proposed trademark is available and not already registered or pending registration. This can be done through the online database of the Indian Intellectual Property Office (IPO).
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Filing the application: Once the trademark is cleared for registration, the next step is to file a trademark application with the trademark department along with the required fees and documents. The application must include a clear representation of the trademark, a list of the goods or services for which the trademark will be used, and the applicant's details.
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TM Examination: The trademark department will examine the application to ensure that it meets the legal requirements for registration. If there are any issues, the applicant will be notified and given an opportunity to address them.
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Publication of trademark: If the application is accepted, it will be published in the Trademark Journal for objections and opposition. Any person who believes that they would suffer losses by the registration of the trademark can file an opposition to the registration within six months from the date of publication.
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TM Registration: If no opposition is filed or if the opposition is unsuccessful, the trademark will be registered and a certificate of registration will be issued to the applicant.
Why should you register a Trademark?
You can enjoy several advantages by registering your brand name, logo or tagline, including:
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Legal protection: Registering a trademark gives the owner exclusive rights to use the trademark in connection with the goods or services for which it is registered. This legal protection can help to prevent others from using the same or a similar trademark, which can protect the business from confusion and damage to its reputation.
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Builds trust & goodwill: Registering a Trademark creates a unique identity for your product. It helps to build trust and bring goodwill from customers and clients.
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Business expansion: A Trademark is an asset to the organization. It is a form of intellectual property, which can be rented, sold, assigned and franchised under agreements with third parties.
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Brand recognition: Bearing a mark of recognition increases the value of the brand. It attracts new customers and at the same time ensures the loyalty of the existing customer base.
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Public notice: A registered trademark is publicly available in the trademark registry, which gives constructive notice to others that the trademark is registered and that the owner has exclusive rights to use it.
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Long-term validity: A registered trademark is valid for 10 years, and it can be renewed indefinitely for 10-year periods. This gives the owner of the trademark long-term protection for the use of the trademark.
What are the documents required?
Without valid documentation, a valid trademark application cannot be filed. The documents that the trademark department accepts for trademark registration are listed below:
Aadhaar card of the applicant
Certificate of incorporation (in case of a Company)
Authorisation letter
Brand name/logo/tagline
MSME Certificate, if available
Please Note: All the scanned documents must be clear & the text in the documents must be legible.
What is the difference between Trademark & Copyright?
Trademarks and Copyright are different types of Intellectual Property Rights (IPR) in India. They provide the owners with an exclusive right of use over their work, products or creations for a limited period.
Trademark is ideal for businesses looking to protect their brand identity in the marketplace. It helps in creating a distinct brand image and preventing confusion among consumers.
Copyright is suitable for authors, artists, musicians, and creators who want to protect their original works from unauthorized use and ensure they can control how their works are used and distributed.
What all do you get?
Trademark Search Report
Logo Security Assistance
Draft Power of Attorney
Trademark Consultation
Brand Security Assistance
Draft User Affidavit
What are the charges for trademark registration?
The cost of registration of a Trademark in India depends on multiple variables, including the type of applicant (individual or business entity), business activity, type of application, and professional expenses.
Our Comprehensive Registration Package Includes:
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Government Fees
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Application Fee: Fees charged by the Trademark Department for processing the application.
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Fees: ₹4,500 for Individual and Small Entities & ₹9,000 for other business entities.
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Professional Fees
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Consultation and Advisory: Charges for professional consultation, documentation, and filing services.
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Fees: Starts at ₹949
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How it works
Consultation
Schedule a free consultation call with our experts to discuss your needs and goals. Our team will provide personalized advice to choose from different type of trademark applications and services for your specific requirements
Documentation
We help you gather, prepare, and verify all necessary documents. Our comprehensive checklist and expert guidance ensure that your paperwork is complete and accurate, reducing delays and complications.
Processing
Once your documents are ready, we handle the entire registration process. Our team keeps you informed with regular updates, ensuring a smooth, stress free and transparent experience from start to finish.
Completion
Achieve Milestones Effortlessly as you receive your Registration Certificate of Trademark and other documents promptly. Our full support ensures you’re ready to start and get your trademark registered successfully.
Ongoing Support
Stay compliant and stay confident with Let's Start by your side. Our comprehensive corporate compliance services ensure your business adheres to all legal requirements, allowing you to focus on growth and success.
Our Clients love us!
Frequently Asked Questions (FAQs)
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What is a DIN?DIN is an eight digit unique Director Identification Number, with a life time validity, allotted by the Central Government to any person intending to be a Director or an existing Director of a Company.
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What is a DSC?A Digital Signature Certificate (DSC) is the digital equivalent (electronic format) of physical or paper certificate. Digital signatures provide the highest levels of assurance about the signer's identity and the authenticity of the documents they sign.
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Is a Company required to re-register in the future?No, a Company is not required to be re-registered. A Company has perpetual succession, which means it enjoys continuous existence as long as the Company complies with the statutory and regulatory filings.
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Can a home address be used as the registered office address of the Company? Is it possible to change the address after incorporation?Yes, a home address can be used as the registered office address of the Company, which can also be changed after incorporation.
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What is ROC?The Registrar of Companies (ROC) is an office under the Ministry of Corporate Affairs (MCA), which is the body that deals with the administration of Companies and Limited Liability Partnerships in India.
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Are the Directors or Shareholders required to visit the ROC for the incorporation of their Company?The entire incorporation process is completed online. The incorporation documents are filed electronically and don’t require the Directors or Shareholders to visit the ROC physically.
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Are their any rules to choose the Company name?There are certain naming guidelines put in place by the Registrar of Companies, which are required to be followed. Abiding by the guidelines ensures easy approval of the name.
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Can I work in a company as a salaried employee and also be the Director of my own Company?Yes, an employee of a Company can also be a Director in another company. However, the terms of the employment/service agreement/appointment letter have to be checked to ensure there are no restricting clauses.
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What is the minimum capital requirement for incorporating a Company and how is it invested in the business?There is no specific minimum capital requirement for incorporating a Company. The capital must be deposited by the Shareholders in the bank account of the Company for running the business.
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Can NRIs or foreign nationals incorporate a Company in India?Yes, NRIs or foreign nationals can incorporate a Company in India. However, the Act requires at least one of the Directors to be an Indian Resident.
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What is the meaning of limited liability?Limited liability is a form of legal protection for shareholders and owners that prevents individuals from being held personally responsible for their Company’s debts or financial losses. It is the condition by which shareholders are legally responsible for the debts of a Company only to the extent of the nominal value of their shares.