Apply for trademark registration online | Register Trademark in India

What is Trademark?
How to Apply Trademark?
Key Points of Trademark Registration
Why should I Register Trademark?
Types of Trademarks
Trademark Class
Trademark Registration Process
Documents Required

What is Trademark?

A trademark can be a phrase, logo, design, and combination of colours or shapes etc, and that denotes the uniqueness of a brand or the product and differentiate from competitors. It is globally acknowledged trademark is the most valuable asset of a business. With a unique Trademark, customers can easily identify your products or services among various competitors’ products.

How to Apply Trademark Registration Online?

Trademarks can be applied with the assistance of our highly experienced professionals while you sit back and relax.

You not just get a trademark registration online services but our experts continuously track your trademark application and update you time to time, can facilitate a detailed feasibility report on your trademark before applying by carrying thorough public trademark search and can also help you design a unique business logo.

Key Points of Register trademark in India

# Definition:- A trademark can be a logo, design, shape, combination of colors, combination of different shapes, goods, etc and its uniqueness differently shown in its design.

# Trademark Classes:- Under Trademark, there are 45 classes defined based on business activity and register trademark in india in multiple classes as per the requirement of the business organization.

# Valuable Assets:- Like Company’s other tangible assets, a trademark is very worthwhile for a company to protect its goods, services from infringement.

# Low cost of registration:- In comparison to its driven benefits, cost of trademark registration online is very low.

# Legal Brand Protection:- Register trademark in India under trademark law, protect the brand from infringement and misuse from the third party.

# Geographical Coverage:- Trademark registration online provides you nation-wide protection from your competitors.

Why should I Register my Business Trademark?

It is universally accepted that Unique Brand logo is the most valuable asset of any business since customers can swiftly recognize your product or services among competitor’s products serving in a similar domain. It is become very important to protect your brand logo from misuse or duplication by others. It is only possible by applying a trademark of your unique brand logo. So it is worth full to trademark your brand logo before anybody claims the ownership of your brand & enjoy any undue advantage.

DOWNLOAD FREE GUIDE FOR TRADEMARK

Difference between ™ & ® symbol?

The ™ symbol used by the business entity once it successfully files the Trademark application.

The ® symbol can be used only upon obtaining Trademark Registration Certificate.

What is the difference between trademark, copyright and patent?

A trademark is a word, logo, design, and combination of colours & shapes etc. that denotes the originality of a brand and also differentiate it from its competitors.
Copyright is an intellectual property that provides rights to a creator over his original literary and artistic works.
A patent provides the patent owner the right to commercialise the invention.

What is trademark class?

Trademark classes divided into 45 parts. It describes in broad terms the nature of the goods or services contained in each of the 34 classes of goods and 11 classes of services. So anybody can navigate intuitively through the classes and apply trademark registration online based on their business activity.
™ classes is recognised as the international standard classification for Goods and Services. Find out the full list of 45 Classes.

How can I do a trademark search online?

You can easily search your trademark availability before spending money on register trademark in india

1. Visit Government trademark search portal Government trademark search portal.

2. Enter Trademark Class the words you want to search.

3. Press Search.

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Can I register my same trademark for different kinds of business?

There are 45 different classes based on the type of business activity under which you can register a trademark in India. You can apply trademark registration online under multiple classes at the same time based upon the nature of your business activity.

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Trademark Registration online Process

1

Upload the required documents & information to our web portal.
2

Choose Package and Pay online with different payments modes available.
3

We will preliminary check the uniqueness of trademark design, logo, shape.
4

Prepare trademark application & obtain applicant signature on relevant documents.
5

Submit trademark registration online application before the IPR department.
6

Provide acknowledgment & do continuous status tracking of the trademark.

Documents required for Trademark Registration online

1. Brand Logo:- A Logo required in jpeg or png format which you want to protect through register trademark in India.

2. Nature of Business:-You have to provide a brief description of business activity you’re carrying out under the brand logo which you want to protect with trademark registration online application. It is required to identify the correct class of trademark.

3. Identity Proof of applicant:- Anyone Identity proof document of trademark applicant required such as Aadhar, passport, driving license.

4. Address Of Applicant:- Complete Address of the applicant of the Trademark is required to be furnished for Trademark Application.

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Q. What is trademark?

A trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements by which your buyer personas can easily recognize your brand in the market.

Q. What is a trademark class?

The Trademark Registry has characterized products and services under 45 different classes. You may protect your trademark under any one or all 45 classes

Q. What is the validity of trademark

It is initially valid for first 10 years. After that trademark owner requires to get it renewed for every 5 years

Q. How can I run a trademark search?

You can carry your own search to find out existing logo trademark resembling with your own brand logo before applying trademark application - https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Q. Who can apply for a trademark?

Any person or business claiming to be an owner of Any Name, Word, Numbers, Image or Sound can apply for a trademark including:
• Individual,
• Company
• Proprietor
• Society

Q. Can I file trademark on my own name?

Yes you can file trademark on your own name, In fact by applying on your individual name the government fees is reduced to ₹ 4500/- from ₹ 9000/-

Q. When can I use the TM symbol?

Once the application is applied to IPR department, an acknowledgment number is assigned for your application by the department accordingly, you may use a TM symbol with your brand logo.

Q. When can I use TM symbol with my logo?

You can use TM symbol with your logo when trademark is allotted to you by IPR department

Q. Why trademark applications are commonly objected?

If your trademark is similar to any other existing business brand, contains geographical names or common words or if it is likely to cause any confusion with any existing trademark it would be objected. So you can't register the word 'car' for a car brand but may do so for a brand of electronics.

Q. Do you provide this service in my town?

Yes E-StartupIndia is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done

Q. Do I need to physically present for the process?

No, You don’t need to be physically present for the process, E-StartupIndia is an online catering platform all you need is internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at remotest location of the India

Q. What needs to be taken care of before trademarks registration?

Trademarks that are identical or duplicate to an already registered trademark cannot be registered. Moreover, those trademarks for which registration application has already been made, can't be registered as well. Further, a trademark that is likely to cause plagiarism or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are not acceptable to Register a Trademark.

Q. How long does it take for the trademark to get registered?

The process of trademark registration takes around 5 days for applying application professionally.

Q. What are different kinds of trademarks registered in India?

Given below are the different kinds of trademarks registered in India:

Name or the signature of the applicant.
A word or combination of words not directly descriptive of the character or quality of the goods or services.
Letters or numbers or their combination.
Devices or symbols
Monograms
Combination of colours or a single colour with a word or symbol.
The shape of goods or their packaging
3D trademarks.
Sound marks represented in a particular notation or through words being graphically displayed.

Q. Which documents required for trademark registration?

Following documents are required to get trademark registration:

Brand Logo
Nature of Business
Identity Proof of applicant

Q. Will the trademark be valid outside India?

Trademark Registered under Trademark Act, 1999 will be valid only in India. For securing trademark globally you need to apply for International Trademark with WIPO

Q. In whose name the trademark can be filed - own or company name?

A trademark can be filed in either the name of the individual or the company.

Q. What is the guarantee of approval of the trademark?

There is no guarantee of trademark registration. Trademark Registration is sole discretion power of trademark authority. Although if the trademark is unique, it is pretty sure that it will be approved and granted by the government to the applicant.

Q. What if my Trademark application is Objected after filing?

In case of any Trademark get objection, Authority shall give you an opportunity of being heard. Accordingly, you need to file well drafted legal reply to defend the objection raised.

Q. Can an applicant apply same trademark in more than one class?

Yes. The applicant can apply for more than one classes necessary to protect the brand as per present and future ventures of the brand owner. The government fee for each class is INR 4,500/-

Q. What is the government fees for Single Class TM Application and more than 1 Class Application?

The government fee for Single Class TM Application is INR 4,500/-This keeps on multiplying with the addition of classes, i.e. for 2 classes it is INR 9,000/-for 3 classes it is INR 13,500/- and so on.

Q. Will the registration of Brand Name & Logo, be considered as 2 separate applications?

The Trade & Commerce ministry treats the application of the Logo & Brand name as single Trademark application if both are submitted together in one go. Hence, the fees for single Trademark application would apply.

Q. What is the process of Trademark being registered by the Trademark Authority?

The complete process of a Trademark registration by the Ministry of Trade & Commerce is as follows-

Trademark Application in the appropriate class

Vienna Codification: After the filing of a new trademark application, a Vienna Code is assigned to it if the trademark contains figures or logo.

Formalities Check: In this stage, the verification of the Trademark Application is done wherein The Trademark Registry checks for the fulfilment of basic requirements such as uploading of POA (in case of application through an attorney) and proper translation or transliteration in case the trademark is not filed in English/Hindi.

The issue of Examination Report from Ministry: On basic verification, trademark examination is done by the registry to see if the Trademark needs any clarification as per the Trademark Act. In case any other information is required, an examination report will be issued with the section to which a reply is to be filed.

Issuing / Acceptance of Exam Report: On acceptance of Trademark application and submission of Examination Report, the brand name, logo or both will be sent by the registry to be published in the Trademark Journal.

"Advertised before acc" or "Advertised" or "Accepted & Advertised": At this stage, the trademark name, logo or both are advertised will be kept open for Objection for next 4 months for a third party opposition. In case any objections are raised, the status would change to 'Trademark Opposed'.

Registration complete: If no other objections are received, the trademark application would be accepted and marked as 'Trademark Registered'. Now the entrepreneur can use the ® symbol.

Q. What is the Government Fee for Trademark Application?

If an applicant is an Individual - Government Fee is INR 4,500/-

If an applicant is other than Individual such as private limited company, LLP, etc - Government Fee is INR 9,000/-

However If such company is a Startup or Small Enterprise and carry MSME certificate then concessional government fee shall be INR 4,500/-