Trademark Registration

Trademarks are unique signs identifying goods or services from a company. They can be designs, pictures, or expressions, which are considered as being important for differentiating from competitors and building their own image of the brand. Protected under intellectual property laws, trademarks are safeguarded from infringement by the Trademark Act, 1999.

To register a trademark is important to protect trademark rights, preventing others from copying or misrepresenting products. Trademarks help customers recognise brands instantly, like Nike's tick or Puma's jumping wildcat logo.

Types of Trademarks in India

Given below are the types of trademark to register in India:

Choosing the Right Trademark Class

• Trademark classes categorise goods and services into 45 distinct classes.
• Choosing the correct class is essential for trademark validity.
• Ensure your trademark covers all relevant areas of your business.
• Apply under multiple classes if your business operates across different areas.
• Commonly chosen trademark classes in India include:
  • Class 9: Including computer software and electronics
  • Class 25: Covering clothing
  • Class 35: About business management and advertising
  • Class 41: Related to education and entertainment

What are Trademark Symbols?

Among the trademark symbols include:

Benefits of Trademark Registration

Registering your trademark offers several benefits, some of which are:

• Exclusive Rights: TM registration grants exclusive rights for mark usage.
• Legal Protection: Registered trademarksget the protection from the law which in this case is under the Trademarks Act, 1999.
• Brand Recognition:Registration helps business in building of brand recognition and consumer trust.
• Business Asset: Trademarks can be assets for licensing, franchising, or sale.
• Market Advantage: To register a trademark provides a competitive edge by safeguarding market share.
• Consumer Trust: Enhances consumer confidence in product quality and authenticity.
• Global Protection: International treaties like the Madrid Protocol extend trademark protection.
• Brand Expansion: Allows expansion into new product lines under established brands.
• Infringement Remedies: Provides lawful or legal way for seeking remedies against infringement.
• Brand Loyalty: Helps the brand’s loyalty by channel of positive consumer experiences.
• Licensing Opportunities: Trademarks can be licenced and this helps to expanding brand reach.
• Business Expansion:Helps in more business expansion and franchising.

Who is Eligible to Register Trademarks?

The detailed list of eligible entities who can register for a trademark are:

Documents Required for TM Registration

For Trademark registration online, the following documents are must:

Other Preliminary documents needed for brand registration are:

What is the Trademark Registration Validity in India?

The validity of a registered trademark in India is initially for a period of 10 years, starting from the date of filing the trademark application.

To maintain the validity of the trademark registration, it is essential to renew the certificate before its expiration. The renewal can be done indefinitely in again 10 year terms for keeping ongoing protection and preserving the rights associated with the trademark

What is the Trademark Registration Price?

The Trademark registration cost is as given below:

How Much Time for Trademark Registration?

Given below is the trademark registration time involved in the process:

Trademark Registration Online Procedure for Brands in India

For registering a brand in India, the following steps must be followed:

Step 1: Trademark Application

• Conduct trademark search.
• File registration application with Trademark Registrar.

Step 2: Vienna Codification Process

• International system categorising figurative elements of trademarks.
• Applied post-application filing by Trademark Registrar.

Step 3: Trademark Examination

• Assigned to Trademark Registrar's officer.
• Assessment for accuracy, generation of examination report.
• Application accepted, published, or objections raised.

Step 4: Trademark Journal Publication

• Accepted trademarks published weekly.
• Public can raise objections within 90 days.

Step 5: Trademark Hearing

• Scheduled if objections are raised.
• Applicant and opposing party present arguments.
• Officer decides on acceptance or rejection.

Step 6: Trademark Registration

• Registration certificate issued if no objections.
• Trademark officially registered with ® symbol.

Step 7: Trademark Objection

• Registrar seeks valid reasons for registrability.

Step 8: Trademark Opposition

• Third party files objection against registration.

Step 9: Trademark Renewal

• Trademark valid for ten years and choose to renew it to maintain protection.

Trademark Objections

• Issues may arise with the trademark application, such as incorrect details or offensive terms.
• Status changes to "Objected" on the register.
• Respond with a well-drafted explanation and supporting documents.
• Response acceptance leads to further processing and also rejection may result in a hearing.
• Process takes 2-4 months and the approval chances increase if objection is resolved.

Trademark Opposition

• Third parties can oppose a trademark application.
• Opposer files a notice with the trademark examiner.
• Applicant must respond with a counter statement within 2 months.
• Registrar may dismiss or call for a hearing.
• Ruling can be appealed to the Intellectual Property Appellate Board.

Why Choose Startupfino for Trademark Registration?

Startupfino is a company that specialises in offering complete services for Trademark registration, filing, renewal and other supplementary services. We can help you with everything from providing advice in the initial phase to ensuring that you meet all the necessary requirements and fulfil all post registration compliances.