Trademark Registration - Complete Process, Fees and Documents

Updated on April 03, 2024 10:44:18 AM

A Trademark is a unique symbol that distinguishes a business from another. It can be any word, phrase, symbol, design, or combination of colours. Therefore a brand owner must register a trademark for their brand to give legal protection.

Trademark Registration is a legal process that permits a brand to protect its identification mark of a particular company, its goods, or its services from piracy. It has many benefits that help a business expand in future. A Trademark can be guarded against misuse by third parties by being registered, which grants the owner the sole right to use the mark in connection with the products or services listed in the registration.

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Overview of Trademark Registration

Trademark Registration Details
Duration of TM Registration 6 months to 24 months
Required Documents for TM Registration
  • LOGO
  • Nature of Goods & Service
  • Email ID & Mobile No.
  • Identity proof
  • GST Signed Power of Attorney
  • Signed User Affidavit
  • MSME Certificate
  • Start-up Certificate
Trademark Registration Fees ₹4,500
Process of TM Registration
  • Conduct a TM Search
  • Filing the TM application
  • Examine the application
  • Reply to the examination report
  • Advertise in Journal
  • Opposition process (not mandatory)
  • Registration certificate
Mode of Trademark Registration Online and Offline (Both)

Understanding Trademark Registration

The provisions of registering a Trademark are given under the "Trademark Act 1999" which enables an individual to register Trademark in India. The owner of a Trademark possesses the legal authority to use it for all business needs. Only the applicants have the legal rights to use the mark after registration, no one else can use that mark to promote their business. Trademark Registration is an essential part of any company to provide legal protection to its brand name.

Regarding Trademarks and registration, we all have a lot of questions. Let's answer all the questions that arise:

What is a Trademark?

The Trademark is a symbol that determines the recognition of a particular brand and builds its reputation over time. A Trademark can be a word, symbol, logo, colour combination, or phrase.

According to "Section 2(zb) of The Trademark Act, 1999," Trademark is a mark capable of being represented graphically that has the ability to set one product and business apart from another.

Why Register a Trademark?

While establishing a long-term business, It is the first concern of the business owner to protect their brand from duplicity and piracy and build their own brand value over the period of time, thus Trademark Registration is a crucial step since it provides the owner with a number of legal protections and builds public trust in the brand name. A Trademark that is legally registered has greater possibilities of enhancing and establishing its brand in the marketplace with the time it gains popularity.

Types Of Trademarks?

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:

  1. Word Mark (TATA, BATA, etc)
  2. Device Mark (Apple logo, android symbol)
  3. Service Mark (FedEx, amazon)
  4. Collective Mark (Sony, Darjeeling tea, etc)
  5. Certification Mark (Hallmark, ISI, BIS, etc)
  6. Well-known Mark (Pepsi, Ford, Honda, etc)
  7. Colour mark (Dairy milk’s packet colour)
  8. Shape Mark (Coca-cola bottle’s shape)
  9. Sound mark (Nokia tune)

List of Government Fees for Trademark Registration

Given below is the list of all government costs related to Trademark Registration:

Steps Online Government fees Offline Government fees
TM Registration fees for individuals 4500/- 5000/-
TM Registration fees for company 9000/- 10000/-
TM Amendment fees 900/- 1000/-
Trademark Renewal fees 9000/- 10000/-
Trademark Restoration fees 9000/- 10000/-
TM Belated Renewal fees 12000/- 13000/-
TM Rectification fees 9000/- 10000/-
Trademark Opposition process fees 2700/- 3000/-
Hearing fees of TM registration Nil Nil
Fees for Reply to TM Examination Report Nil Nil

The Trademark Registration cost is different for different individuals and has to be made clear to the applicant when they decide to register a mark. Trademark Registration fees in India depend on the number of classes that the applicant wants to include. Government TM registration fee is different for both online and offline methods. The governments's basic charges for online trademark registration is 4500/- and the offline charges are 5000/- only.

The applicant has to pay the appropriate payment if they wish to register their Trademark in more than one class. The cost of TM Registration rises with each class. Applicants can take help from professionals for Trademark Registration, where the professional charges can be different, including government fees.

Contact our team at Litem Legalis to get your Trademark registered with ease and with less chance of receiving opposition.

Who can apply for Trademark?

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:

  • Individuals
  • Start-ups
  • Small enterprises
  • Others (society, NGO, trust, etc.)

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.

Documents Required for Trademark Registration

The required documents for trademark registration are listed below:

  1. LOGO (if any)
  2. Nature of Goods & Service
  3. Email ID & Mobile No.
  4. Aadhar Card (for individual applicants)
  5. GST (if applicable)
  6. Signed Power of Attorney (if the applicant hires any professional)
  7. Signed User Affidavit
  8. MSME Certificate (for small enterprises)
  9. Start-up Certificate (for start-ups)

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 proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.

How to register a Trademark?

There are various stages you must go through while registering a Trademark. Before registering a Trademark, the applicant has to identify a few issues.

  1. The Trademark or sign used by the applicant should be distinctive and different from other registered Trademarks.
  2. The applicant should be extremely clear about the classes of their Trademarks. Their chances of being rejected may increase if they select the incorrect class. The "Nice classification" divides goods and services into a total of 45 classes. Two groups have been created from the Trademark classes and they are as follows:
    • Goods class (include classes 1 to 34)
    • Service class (include classes 35 to 45)
  3. After choosing the classes and goods in which the proposed Trademark falls, the applicant can start with the application process on the government portal or they can take the help of a professional to register their Trademark.

Steps to Register The Trademark

The applicant must go through many stages while fulfilling the preceding requirements. All of the stages of Registering a Trademark are described here as follows:

Step 1: Filing of Trademark Application

The applicant has to classify their Trademark and complete the Trademark Registration application in the first stage. It will take around 24 hours.

After filing the Trademark application, the applicant can start using its trademark after marking ™ in front of their brand name or logo. Symbol ™ determines that the Trademark has been in the process of registration.

Step 2: Examination of Trademark Application

A Trademark application is submitted to the Trademark registry, where it undergoes inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999".

The application will be advertised in the Trademark journal if the Trademark is suitable or not identical to existing Trademarks. This procedure requires two months of time.

After the advertisement, if no one opposes or raises objections regarding the similarities of that brand, it is officially registered. However, if anyone wishes to object, the registry moves on to the third stage.

Step 3: Reply to Examination Report & Show Cause Hearing

The applicant has to respond to the examination report within one month of the objection being raised if the registrar finds any kind of similarities with another Trademark during the Trademark Registration process or if someone objects to the Trademark.

If the examination report gets a satisfactory and acceptable reply then the application goes for the advertisement. If the reply is not acceptable and satisfactory, it will go for the “Show Cause Hearing”.

At this point, any applicant who wishes to make amendments to their Trademark can do so. The applicant has to fill out a form and make a request for the changes.

A Show Cause Hearing usually occurs after the objection is raised by the registrar and at this point, the applicant has to prove that their mark is dissimilar to any other Trademark that is already registered. Once the application has been approved here, it will then be advertised. The application will be denied if it is not approved.

Step 4: Acceptance and Advertisement in the Journal

The application has been published for the journal advertisement. The third-party has four months to submit a notice of opposition against the application if they have trademark-related concerns. Final registration of such marks will occur if no one objects.

Step 5: Opposition Process

Any brand or business that has a concern about a Trademark's similarity to its registered trademark comes up for the opposition. The applicant must provide an acceptable statement, affidavits, and substantial proof to the opposition because this opposition creates issues and delays registration.

Step 6: Evidence & Final Hearing

The applicant must present compelling evidence at this stage to support their case and explain how their Trademark differs from the opposition's Trademark. Only two months are given to the applicant to gather evidence in support of their claim. At the final hearing, the department gives each side an opportunity before making a decision. Both sides are free to present arguments in support of their claims.

The Trademark receives a registration certificate in the final stage. At this point, the applicant has full ownership of all intellectual property associated with the Trademark and they can begin using the ® or circled R in front of their logo, which indicates that the Trademark has been officially properly registered.

Benefits of Trademark Registration

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:

  • Legal protection: Trademarks that have been registered are granted legal protection for intellectual property. A Trademark that is registered cannot be used by anyone else. It assures a company's status.
  • Prevent Confusion: Similar Trademarks mislead consumers and damage a well-known brand's reputation and goodwill. If that brand is already registered, nobody else will be allowed to use similar Trademarks for their own commercial advantage.
  • Different reputation: A registered Trademark creates uniqueness and helps a brand or business stand out from competitors who produce or do similar work.
  • Sustainable value: A registered Trademark offers a product identity and long-term worth.

Things to Avoid During Trademark Registration

To avoid mistakes during Trademark Registration as well as expedite the process without any delays, the steps that follow are suggested:

  • The Trademark must be distinctive.
  • Set up relevant classes for your products and services.
  • It should be simple to pronounce the Trademark.
  • A Trademark shouldn't be similar to another one or cause confusion.
  • Information should be current and accurate.
  • Hire professionals to assist you.

How can “Litem Legalis” help you?

Trademark Registration is a very long and complex procedure and involves high chances of rejection. Here Litem Legalis is a team of professional advocates that can make your registration process hassle-free. There are several reasons for choosing “Litem Legalis” such as

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

The process of Trademark Registration is crucial because it can protect your brand and grant you complete legal ownership of your intellectual property. The Trademark Registration procedure can take a few months, and applications can be turned down. The applicant needs to be knowledgeable about the Trademark Registration process so that they have a low chance of rejection.

Trademark Registration Other States

Frequently Asked Questions (FAQs)

What is the validity of Trademark Registration in India?

In India, Trademark Registrations are valid for ten years from the filing date of the Trademark application.

What are the charges for Trademark Registration?

Here is a list of government fees for Trademark Registration, that vary depending on the registration stage:

  1. Trademark application fee (for individuals) - 4500/-
  2. Trademark application fee (for others) - 9000/-
  3. Renewable fee - 9000/-
  4. Belated renewable fee - 9000/- + 3000/-
  5. Rectification fee - 3000/-
  6. Opposition process - 2700/-
What is the eligibility for Trademark Registration?

Any individual or business organisation is eligible for Trademark Registration, but their Trademark should be different from the marks that are already registered.

What is the right time to renew the Trademark?

In India, the Trademark is renewed every ten years after filing the application for Trademark Registration.

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