Trademark Registration

Overview

With a Trademark Registration, you can protect your brand, thereby preventing copycats from diluting your brand identity. Trademarks are intellectual properties protected by the Trademark Act, 1999, which refers to a word, phrase, symbol, or design that helps distinguish the source of the goods of one party/organisation from that of others. They can be the logos, catchy jingles, signs, or visuals. To get the protection of trademark rights, you have to register for a trademark. It also helps the customers to recognise the brand and the brand value.Whether you are starting a new business, running an established company, or launching your venture in India, a trademark registration is crucial. 

What is Trademark Registration?

To protect your brand from infringement, such as unauthorized copying of your logo or brand name, it is essential to register a trademark. Thanks to digital advancements, you can now secure your trademark registration online through the official IP India portal at https://ipindia.gov.in/. Once registered, your trademark enjoys exclusive protection for 10 years, ensuring your brand’s uniqueness and legal security in the marketplace.

Types of Trademark Registration in India

In India, there are various types of trademarks which can be registered, like product mark, service mark, collective mark, certification mark, shape mark, sound mark, and pattern mark. 

Product Mark

• Product mark is a type of trademark that  is filed under classes 1-34

• It helps in maintaining the reputation of the business

Service Mark

•  Trademark applications filed under trademark class 35-45 could be termed as a service mark

• The main purpose of the service mark is to distinguish its proprietors from the owners of other services.

Collective Mark

• A collective mark is used to inform the public about certain distinguished features of a product or service used to represent a collective.

• In a collective mark, normally the standards of the products are fixed by the regulator owing the mark. 

Certification Mark

• The main purpose of the certification mark is to bring out the standard of the product and guarantee the product to the customers.

•  Certification marks are usually seen on packaged foods, toys, and electronics.

Shape Mark

• Shape Mark is exclusively used to protect the shape of the product 

• An example of a shape is the Coca-Cola bottle or Pepsi bottle, which has a distinctive shape identifiable with the brand.

Pattern Mark

• Pattern marks are those products that have specific, designed patterns that come out as the distinguishing factor of the product.

•  For a pattern to be registered, it has to show evidence of its uniqueness.

Sound Mark

• A sound mark is a sound that can be associated with a product or service originating from a certain supplier. 

• Sound logos are called audio mnemonics and are most likely to appear at the beginning or end of a commercial. 

Benefits of Trademark Registration

Securing a trademark registration in India online not only safeguards your unique identity but also brings numerous benefits that can help your business thrive. Here are six benefits you get after trademark registration:

1. Keep Your Brand Safe: With an official trademark registration, you can 

• Exclusively use your logo or name.

•  If someone tries to copy you, you can take legal action against them 

2. Stand Out from the Crowd: With a successful trademark registration

•  Your unique brand identity can be safeguarded from copyright infringement.

• The process of online trademark registration makes it quick and hassle-free, thereby helping your business shine among competitors.

3. Earn Your Customers' Trust: Once registered, your trademark becomes visible to the consumers and investors, showing 

• You're serious about your business and committed to quality.

•  This makes customers feel confident in choosing your products or services.

4. Protect Your Brand Worldwide: Once registered, your trademark becomes a marketable asset that  can 

• Cover other countries, making it easier to grow your business internationally without worrying about others copying your brand.

• Start planning for trademark renewal and international extensions

5. Grow Your Business Confidently: With a registered trademark, you can

•  Expand your business and introduce new products or services under your trusted brand name without fear.

• Add intangible value to your company, thereby elevating your brand's credibility, visibility, and value.

6. Boost Your Brand’s Value: A registered trademark, supported by transparent logo registration fees and trademark registration cost in India, 

• Signals quality and builds trust among consumers and investo

Trademark Registration Process

Registering a trademark is essential to create a unique brand and protect your business. Here's an easy-to-follow guide to help you through the online trademark registration process:

Step 1: Choose Your Unique Brand Name

Start by identifying the correct and unique brand name for your trademark, using the NICE Classification (45 classes: 34 goods, 11 services). For the best outcome, combine some words with a mix of generic words to create a unique brand name for yourself.

Step 2: Search for Existing Trademarks

Before applying, search local and international databases to ensure your desired trademark isn't already in use. This helps avoid conflicts and increases the chances of your trademark being approved.

Step 3: File Your Application

Submit your trademark application online through the official intellectual property office. Include all necessary details like Business Registration Proof, PAN, Address proof, etc

Step 4: Pay the Fees

After filing, pay the required fees. The trademark registration cost depends on your business type and the number of classes you're registering for. Make sure to complete this step to keep your application moving forward.

Step 5: Examination of Your Trademark

An examiner will review your application to ensure it's unique and meets all legal requirements. They'll check for any issues preventing your trademark's registration.

Step 6: Respond to Any Objections

If there are any objections, you'll need to address them within 30 days. This might involve providing additional information or clarifying details about your trademark.

Step 7: Publication for Opposition

Once your trademark passes the examination, it will be published in the trademark journal. This allows others to oppose your registration if they believe it's too similar to their trademark.

Step 8: Final Approval and Certificate

You'll receive your trademark registration certificate if no opposition or issues are resolved. This certificate proves your exclusive rights to use the trademark.

Step 9: Renew Your Trademark

Remember to renew your trademark every 10 years to maintain your protection. Keeping your trademark active ensures your brand remains secure.

Why Choose Online Trademark Registration?

• Easier and approximately ₹500–₹1,000 cheaper than physical filing.
  
  

• Faster process and digital record tracking.
  
  

• Easily accessible dashboard to monitor application status and trademark government fees, trademark charges, and upcoming renewal alerts.

Documents Required for Trademark Registration

Whether you're filing trademark registration online or offline, here's a simple list of the documents you'll need:

1. Address and ID Proof

• For Individuals or Sole Proprietors: You must provide proof of your address (like a utility bill or rental agreement) and a copy of your ID (such as a passport or driver's license).

2. Udyog Aadhaar Registration Certificate

• If your business is registered under Udyog Aadhaar, include a copy of your DPIIT Startup certificate for strong verification of your business.

3. Logo Copy (Optional)

• While not mandatory, submitting a copy of your logo can help identify the trademark you want to register.

4. Signed Form-48

• Fill out and sign Form-48, the official application form for trademark registration. Make sure all the information is accurate.

5. Partnership or Incorporation Deed

• For Partnerships, Companies, or LLPs: Provide a copy of your partnership deed, incorporation deed, or LLP agreement. These documents show the legal structure of your business.

6. The signatory's Address and ID Proof

• If someone else is signing the application on behalf of your company, include their address proof and ID proof to confirm their authorization.

7. PAN and Passport

• Submit copies of your Permanent Account Number (PAN) card and passport. These documents are needed for identity verification.

Trademark Registration Fees

Before starting your trademark registration online journey, understanding the fees for the trademark registration process is necessary. Here’s a simple breakdown of the costs involved:

Government Filing Fees:

• Trademark Search: Costs INR 500.

• Individuals, Startups, and MSMEs: ₹4,500 per class.

• Companies, LLPs, etc.: ₹9,000 per class.

Additional Fees:

• Optional Trademark Search: Attorney fees vary by company.

• Opposition Handling: Attorney fees based on each trademark and class.

• Renewal Fees: Paid every 10 years; costs depend on the number of classes.

How Taxlegit Can Help You Register Your Trademark

At TaxLegit, securing your trademark is crucial in protecting your brand and ensuring its long-term success. We make the trademark registration process easy and hassle-free. Here's why you should choose us:

• Expert Guidance: Our knowledgeable team assists you through every step of the process.

• Affordable Pricing: We offer transparent, competitive fees with no hidden charges.

• Quick Processing: We handle your application swiftly to ensure faster approval.

• Comprehensive Support: We manage all the details from the initial search to the final registration.

• Personalized Service: We provide customized solutions tailored to your business needs.

• Trusted Partner: With a proven track record, we're a reliable partner for your success.