Updated on March 22, 2025 09:20:45 AM
Trademark Registration is a process to register a mark or name. Registration of a Trademark is a crucial step for a business that looks forward to expanding in future. It provides much legal protection to the company’s brand from piracy.
A registered trademark also aids to build a unique reputation and goodwill among consumers and other stakeholders. However, before applying for the TM Registration the applicant should consider some points that help to decrease the chance of rejection.
A mark or symbol that determines the unique identity of any business or service is known as a Trademark. Any type of pattern, name, symbol, mark, colour combination or design could be considered a Trademark.
According to section 2(zb) of the Trademark Act 1999, Trademark defines as “ a mark capable of being represented graphically”.
There are 8 things to consider before applying for the TM Registration which is given below :
Before applying for the TM application the applicant must conduct a TM search. It is a deep search where the applicant gets an idea about the availability of the Trademark. It helps to avoid any opposition and rejection chances during the registration procedure.
Considering the distinctiveness of the mark helps to distinguish the brand identity from others. Distinctive marks provide a unique identity to the product or service that helps the business to stand out on a commercial level. It makes a higher chance of being registered without any interruption or opposition.
There are 45 classes overall, which are distributed into 2 groups. These are the "Nice classification" categories for goods (including classes 1 to 34) and services (including classes 35 to 45).
It is very essential to select appropriate classes while TM Registration. The applicant must have knowledge regarding their product or work that helps to choose the right class. If the applicant selects the wrong classes they have a higher chance of rejection.
A Potential conflict comes when a trademark is similar to another that has already been registered. This similar trademark creates confusion and it has a chance to be rejected during examining the TM application by the registrar. However, the applicant must ensure to identify Trademark similarities and avoid future legal disputes.
TM Registration can be expensive if the applicant does not have proper clarification of the fees of TM Registration. The Charges of TM registration is depending upon the business type and also the number of classes applied for.
In India, the basic charges of TM Registration are 4500/- only for an individual, and 9000/- only for the company (partnership firm, trust, NGO, etc). But if the applicant has an MSME certificate while TM registration for any company the charges of TM registration will be 4500/- only.
The applicant must review the application requirement while filing the TM Application. Application requirements include the proper and complete documents such as :
If the applicant avoids submitting any required document, it increases the chances of rejection of the TM application.
The timeframe for the Trademark Registration is depending upon several situations. TM registration process may take 6 months to 24 months, from filing the TM application to registering a Trademark. The timeframe is considered according to the complexity of the application or the stage of the process.
The complete procedure is divided into many stages such as - Filing the application, examining the application by the registrar, advertising in a journal, the opposition process and registration.
Trademark registration is a long and time-consuming procedure. This process can be complex without any assistance. Therefore, the applicant must hire a Trademark Attorney that can assist you with the whole procedure. It can reduce the chance of rejection and the opposition.
Contact the team of “Litem Legalis” that will make your TM registration journey very easy and simple.
There are many advantages of Trademark registration which can provide legal protection to a brand name. Given Below is the list of all the important benefits of Trademark Registration
An individual or a company who wishes to register their trademark often gets confused with the class and category in which their trademark falls. There are many different kinds of Trademarks, but the following most common ones are given with examples so that the applicant can register as the following:
Everyone who wishes to provide some goods or services may apply for Trademark in India. The following categories have been established based on the types of applicants:
All the aforementioned stakeholders have the opportunity to benefit from the legal protection that comes with using their mark by registering it, which will allow them to enhance their brand value in the future.
Required documents are given below that required for the Trademark Registration
Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as a proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.
We are a team of Advocates and professionals having years of experience in Trademark registration and other related queries. We would be happy to assist you in getting your Trademark registered without any difficulty. We are committed to creating a good relationship with our clients and providing them with the best service experience. Therefore we create groups with our clients to inform them about each stage of their Trademark Registration Application.
Choose the right Platform to register your Trademark hassle-free and with less chance of rejection.
Litem is a helpful platform for numerous reasons, such as the following:
Free Legal Advice
Expert Lawyers
Lowest Fees
Quick Process
Registration of the Trademark is a crucial part for a business or individual who has plans to expand their business reach in future. A registered trademark provides many exclusive rights to the brand’s owner. That aids to prevent the uniqueness of a brand.
During the TM Registration, the applicant has to consider some points, such as the correct selection of classes, conducting a TM search, proper documents and the cost of registration. By considering these points the applicants have the least chance of rejection.
