Trademark Registration2018-10-15T08:32:38+00:00

Trademark Registration Online

Apply Trademark helps you protect your brand name/ Slogal or Logo

Starting At

₹ 1,769 + Govt. Fees

Apply For Registration

 

What is Trademark?

Generally, Trademark refers to a “brand” or “logo”. Trademark registration can also be acquired for a business name, unique catch phrases, taglines or captions, combination of colors and different letters, even smell. Trademark gives a company/business separate identity.

If properly used and promoted, a Trademark can become one of the most valuable asset of the business. Trademarks indicate the origin as well as the quality of the goods. Some popular trademarks include Coca Cola, HP, Canon, Adidas, etc.

The Trade Marks Registry administers the Trade Marks Act, 1999 and the rules made thereunder. It registers and protects trademarks.There is nothing better than having a legal right over your company’s assets.

What Is Included In Our Package?

What Are The Different Trademark Symbols?

TM (Trademark)

It is an Unregistered Trademark which can be used to promote products.

SM (Service Mark)

It is an unregistered service mark which may be used to promote or advertise products.

Ⓡ(Registered Trademark)

This trademark is surrounded by a circle and it is known as Registered Trademark.

Procedure For Trademark Registration

company registration

Conduct a Trademark search

To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.

Trademark registration

 

Select Appropriate Class

Depending on nature of your products, we shall suggest the appropriate class of the 45 classes.

 

Trademark registration

 

File the application

File the application with the prescribed fees. You can file your form online as well as offline.

 

Trademark registration

 

Trademark’s journal

Your trademark will be published in Trademark’s journal. This gives general public to object.

 

Trademark registration

 

Certificate is issued

If no objection is raised, a certificate is issued. Hence, your Trademark registration is completed

 

Benefits Of Trademark

Listed below are few of the many trademark benefits:

Protection

Trademark brings along a legal protection. This protection allows you to protect your assets from any kind of infringement. You have a legal right to sue anyone over the misuse of your assets.

Identity

Trademark gives you and your company a separate identity. Your trademark is published in the Trademark’s registrar. It indirectly promotes your company. Also you being the rightful owner of your trademark, you have the exclusive rights of its usage.

Reliability

Trademark increases your company’s value in the market. It makes your company reliable in front of customers as well as investors and partners.

Classes of Trademark

Classes Category of Trademarkk
Class 1Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.
Class 2Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants
Class 3Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics
Class 4All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.
Class 5Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.
Class 6Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware, also ones are included
Class 7Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included).
Class 8 Hand tools, cutlery, razors and side arms.
Class 9Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.
Class 10Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.
Class 11Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.
Class 12 Vehicles and apparatus for locomotion (in/by land, air or water)
Class 13Fireworks, Firearms, Explosives, and ammunition (also projectiles).
Class 14Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.
Class 15Any Musical Instrument
Class 16Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.
Class 17Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).
Class 18Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins and traveling bags; parasols, umbrellas and walking sticks also harness and whips.
Class 19 Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.
Class 20Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.
Class 21Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.

Class 22“Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).
Class 23Threads and Yarns (textile use).
Class 24Textile and their goods; bed covers and table covers.
Class 25Footwear, clothing, and headgear.

Class 26Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.
Class 27Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile

Class 28

Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.
Class 29Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk and its products, oil (edible).

Class 30“Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.
Class 31Products from agriculture, forest and horticulture and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals

Class 32 Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.
Class 33Alcoholic drinks (excluding beers).
Class 34Smoking articles, Tobacco, and matches.
Class 35Business Management; advertising; business administration and other office functions.
Class 36

Financial affairs, Insurance; Monetary affairs; real estate affairs.

Class 37

Repair, Building construction, Installation Services.

Class 38

Telecommunications

Class 39

Packaging and storage of goods; Transport.
Class 40Treatment of Materials.
Class 41

Providing training; Entertainment; sporting; Education and other cultural activities.

Class 42

Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.

Class 43Services related to providing drinks and food or temporary accommodation.

Class 44Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture and forest services.

Class 45Legal and security services; personal and social services.

Frequently Asked Questions

1. What is a trademark?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a  word signature, name, device, label, numerals or  combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and
    some person have the right to use the mark with or without identity of that person.

2. How to select a good trademark?

  • If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
  • If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
  • Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
  • It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
  • We can help you with trademark search, making it easier for you,if you register with us.

3. What are different types of trademarks that may be registered in India?

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3-dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

4. What is the function of a trademark?
Under modern business condition a trademark performs four functions:

  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services

5. Who can apply for a trademark and how?

  • Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.  The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark.  The application should be in English or Hindi.  It should be filed at the appropriate office.
  • The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

6. Who benefits from a trademark?

  • The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
  • The Government earns revenue as a fee for registration and protection of registration of trademarks
  • The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
  • The Purchaser and ultimately Consumers of goods and services get options to choose the best.

7. What are the benefits of registering a trademark?
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country.  The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.  Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

8. Can a registered trademark be removed from the register?
Yes. It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
9. What are the sources of trademark laws?

  1. The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
  2. International multilateral convention.
  3. National bilateral treaty.
  4. Regional treaty.
  5. Decision of the courts.
  6. Office practice reduced in Manuals and guidelines and rulings of the Courts
  7. Decision of Intellectual Property Appellate Board.
  8. Text books written by academician and professional experts.

10. What does the Register of trademark contain?
The register of trademark currently maintained in electronic form contains inter alia the trademark  the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
11. Can any correction be made in the application or register?
Yes.  But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
12. What are the formalities and government fees for major trademark transactions?

  • For filing new applications there are prescribed forms depending on the nature of application such as  Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/-
  • To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
  • For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
  • Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
  • Restoration of removed mark (Form TM-13) Fees: 5,000/-
  • Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
  • Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
  • Preliminary advise of the Registrar as to the registrability of a mark (Form TM-55). Fees: Rs.500/-
  • Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.