Updated on November 12, 2024 12:54:38 PM
Trademark registration in India has gone through significant changes in the past decade. This shows the rising significance of trademarks as more than 4,50,000 filings were recorded per year globally between 2013 and 2022.Trademark can be a word, phrase, symbol or even a design that helps to ensure that the name of a company’s brand stands out. Here we will highlight on how trademarks are registered, benefits of trademark registration and legal remedies attached to trademarks. We will also elaborate on the pitfalls to avoid and strategies to pursue for the purpose of registration.
This trend poses a huge threat to the increased awareness of IP protection among the Indian businesses as the latter continues to innovate and generate new markets.Begin your trademark search and filing process here. For further information on how you can protect your invention, Contact Litem legalis for consultation.
| Trademark Registration | Details |
|---|---|
| 6 months to 24 months | |
|
|
|
|
| ₹4,500 | |
| Online and Offline (Both) |
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 owners 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:
List of all Government charges for Trademark Registration is given below:
| 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 every individuals or company and has to be made clear to the applicant when they decide to register a mark. Trademark Registration fees in India depends on the number of classes that the applicant wants to include. Government TM registration fee is different for both online and offline mode. 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 fee 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.
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.
The documents required for Trademark Registration are mentioned below:
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.
There are various stages you must go through while registering a Trademark. Before registering a Trademark, the applicant must identify few issues.
Following steps are mentioned below which need to be undergo while obtaining Trademark Registration:
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.
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.
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 is approved, then it will be advertised. The application will be denied if it is not approved.
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 starts if no objection is being raised.
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.
The applicant must present compelling evidence at this stage to support their case and explain how their Trademark differs from the opposition's Trademark. The duration of two months are provided 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 is registered.
There are many advantages of Trademark Registration which can provide legal protection to a brand name. Some most important benefits of Trademark Registration are mentioned below:
To avoid mistakes during Trademark Registration as well as expedite the process without any delays, following measures are suggested:
Note : Ensure hassle-free trademark registration by hiring our professionals—smooth, efficient, and expertly handled from beginning to end.
Trademark Registration is a time taking and complex process 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
Expert Lawyers
Lowest Fees
Quick Process
This has been on the rise in the last decade indicating increasing awareness of Intellectual Property Rights in India. Because more than a third of filings are by non-residents, it becomes clear that India is slowly becoming a preferred destination for foreign entities to invest. This positive, more extended trend proves the need for trademark registration for the protection of brands and the advancement of the economy. As the market expands and the corporations formulate new plans, the trademark registration remains a significant step to safeguard the companies’ unique characteristics.
In India, Trademark Registrations are valid for ten years from the filing date of the Trademark application.
Here is a list of government fees for Trademark Registration, that vary depending on the registration stage:
Any individual or business organisation is eligible for Trademark Registration, but their Trademark should be different from the marks that are already registered.
In India, the Trademark is renewed every ten years after filing the application for Trademark Registration.
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