Trademark Registration - Overview
Trademark registration sets your brand apart, distinguishing it from competitors and serving as an identifier for your products and services. It can encompass a name, slogan, logo, or number used by a company on its business name, products, or services.
Trademark registration can be a time-consuming process, ranging from 6 to 24 months, depending on the Examination Report. Professional Utilities offers a Brand Name Search Report, providing insights into the expected turnaround time for registration.
After processing a Trademark application, applicants can use the TM symbol on their mark. Upon receiving the registration certificate, they can use the © symbol. The trademark registration is valid for ten years and can be renewed afterward.
Types of Trademark Symbols
- TM (“) : TM symbol signifies that the trademark or device mark has been applied with the concerned authorities and is yet to be registered.
- R () : R symbol denotes that the applied trademark or device mark is registered from the concerned authority.
- SM (S™) : Service Mark symbol signifies that the service or device mark has been applied with the concerned authorities and is yet to be registered.
Trademark Registration Fees
The Trademark registration cost for individuals, sole proprietors, MSMEs, and startups is only 74,500. This offers affordable protection for your brand identity.
| Fee Type | Registration cost for Individual | Registration cost for Company |
|---|---|---|
Trademark Government
Fee |
4,500 Rs per class |
9,000 Rs per class |
Trademark Professional
Fee |
999 Rs |
1,999 Rs |
Total Fees |
5,499 Rs |
10,999 Rs |
Types of trademark registration fees
Government fee:
Trademark registration entails diverse fees influenced by factors like jurisdiction and application type. A key component is the government fee. For example, online trademark applications by individuals or proprietorships incur a government fee of ₹4,500/-. Companies face a ₹9,000/- fee for online applications.
Attorney Fee or Professional fee
When engaging legal support for trademark registration, attorney costs can vary based on factors such as application complexity, jurisdiction, attorney expertise, and time commitment. It is recommended to enlist an attorney’s assistance to ensure adherence to laws and regulations during the registration process. Typically, attorney costs for a trademark application hover around ₹1,000/-.
Renewal cost
A trademark registration is valid for 10 years from the filing date. To sustain its use, renewal is required every decade by paying the renewal fee. In India, the renewal fee is Rs 10,000/- for physical filing and Rs 9,000/- for e-filing. Neglecting timely payment may lead to removal from the trademark register, emphasizing the importance of prompt renewal fee submission to preserve the validity of the trademark registration.
To efficiently handle trademark registration fees, understanding the diverse costs is crucial, influenced by factors like jurisdiction and application type. Key strategies include thorough searches, engaging a trusted attorney, considering application types, meeting renewal deadlines, and avoiding unnecessary fees. These practices safeguard brand identity, discouraging infringement by competitors and ensuring effective trademark management.
- Work Mark
- Device Work
A wordmark, also known as a word mark or logotype, is a distinct typographic treatment of the name of a company, organisation, or product.
A device mark is any kind of sticker, label, logo, monogram, or geometrical figure that isn't a word mark. It has drawings & designs, Color: It consists of a colour or a combination of colours, with or without a device mark, that is different from others.
Benefits of Trademark Registration
Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:
1. Legal Protection: Trademark registration gives you a superior and legal hand over someone who tries to copy your trademark.
2. Trust Building: Trademark helps you maintain and increase your brand value in the market. It builds trust between a consumer and the brand. Registering a trademark creates the face of the company or the goods and services.
3. Valuable Asset: Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised, or commercially contracted to bring benefits to the company or the individual proprietor.
4. Cost-Effective: Trademark Registration is very cost-efficient. Once you have registered your Trademark, you need not worry about it for at least 10 years until you renew your trademark registration again.
Trademark Registration Process
The step-by-step procedure of Trademark registration is as follows:
Step 1: Trademark Name Search
Trademark search or Trademark name search is one of the most critical factors determining the registration probability of a mark (brand). Although it helps individuals decide whether the brand name can be registered or not, merely having a unique brand name doesn’t guarantee a trademark registration.
It is always advisable to get a trademark availability report before application of the trademark, as applying a wrong trademark may lead to wastage of time,money and even lend you in litigation activities.
Note: Professional fee for trademark Name Search is not included in the filing process.
Step 2: Filing Trademark Application
Once the brand name is decided and available for registration on the Trademark portal, the applicants can proceed with their TM application. The entire process is digital and can be done with the help of an attorney or using the DSC of the individual.
A trademark application can be made as a device mark (logo) or word work (name of the brand), sound mark, three dimensions, goods’ shape, and colours. Using a mark can be prior or proposed to be used, and selecting the appropriate option may speed up the registration process.
If the company name and brand name are the same, it must be ensured that the trademark applicant is an organisation instead of an individual. MSME’s and Companies registered under startup India recognition can avail the benefits of subsidie of “up to 50%” while filing for trademark application.
If the applicant is an individual, it is advisable not to attach their PAN and Aadhaar as the trademark documents are available in the public domain and hence may have an adverse impact.
Goods and description or taxonomy used for trademark application should be cross verified from trademark website as a wrong nomenclature may lead to rectification of trademark application by filing TM-M form.
Step 3: Trademark Examination
Once the trademark application has been submitted, the examiner will examine the accuracy of the application. In case of any discrepancy, the examiner may issue a trademark objection report within 60 days from the date of application.
1. Around 75% of trademark applications are objected to due to a lack of understanding of deciding a brand name.
2. If an objection is raised from the trademark department, a reply to the objection must be filed within 30 days from the date of issuance of the examination report. The registrar may abandon the application in case of a non-filing of trademark objection reply within the stipulated time.
3. If the trademark objection response is not accepted, the application will be transferred to show cause hearing. Almost 80% of the trademark objection replies are transferred to show cause hearing, so it is always advisable to get a trademark objection reply drafted from an experienced attorney.
Trademark application gets published in Trademark Journal once it’s accepted unconditionally.
Step 4: Trademark Publication
The applications are published to Trade Mark Journal every 14th day. Anyone having an objection to the brand name can raise opposition to the trademark registrar within 4 months from the date of issuance of the examination report.
If there is no opposition to the trademark application, it is forwarded for registration.
Step 5: Trademark Registration Certificate
After completing 4 months of advertisement of the Trademark in the Trademark Journal, the registration certificate is issued digitally from the registrar of Trademark.
Step 6: Trademark Renewal
Every registered trademark has to be renewed after 10 years to ensure the protection of your brand identity.
The trademark registration process can be a cakewalk with an expert attorney. Professional Utilities can help you simplify the entire registration process without dwelling on the deadlines and responses.
Status of Trademark Application
After applying for the registration of the Trademark, it is always advised to check the status of the Trademark Application. There are different status of Trademark Application that might come across while tracking your trademark application through Trademark Status Checker. We will discuss some of the status of trademark application in detail over here:
1. Registered – If your trademark application shows ‘Registered’ then it means the trademark application is approved and the trademark is registered to the applicant.
2. Abandoned – The status Abandoned’ means the applicant has failed to respond to the Registrar within the specified time and format.
3. Marked for exam – |f status is ‘Marked for exam’ then it means the trademark application is submitted and reached the 3rd step of Procedure to the Registrar for Examination Report.
4. Objected – Trademark Application Status ‘Objected’ defines that the Registrar wants some clarification related to the trademark and Trademark Objection is being raised against it. An Examination report will be sent to you demanding a proper reply from your side. Failing to do so can result in Trademark Refusal also.
5. Refused – |t states that the application for the trademark application has been refused on the basis of the applicant’s response to the Registrar.
6. Opposed – The status ‘Opposed’means that the trademark application is opposed by any third party after its publication in the Trademark Journal.
Online Trademark Registration with PU
The process of registering your trademark is complicated, and the expertise of an attorney is highly recommended. Our legal experts at Professional Utilities can simplify the whole registration process for you. Apply for trademark registration online with Professional Utilities:
1. Fill our simple form and receive a callback from our team of legal experts.
2. Provide all the necessary details and documents for the trademark application.
3. We will provide you with a Trademark Search Report.
4. Post-approval, we will draft a power of attorney and Form TM-A.
5. You’ll have to provide signed power of attorney.
6. Approve the draft Form TM-A and make the payment.
7. We’ll apply for trademark registration with the concerned department.
8. You can start using ™ with your brand within 24 hours of application.
Documents you'll get after Trademark Application
Documents Required for Trademark Registration
For Trademark registration, the following documents are required:
1. Logo or brand name
2. Signed power of attorney
3. Copy of GST and MSME certificate (optional)
4. Registration certificate of the Entity (optional)
5. Affidavit with supporting documents (only for prior usage)
For Proprietorship Firm
1. Logo (if any)
2. Aadhar card of Proprietor
3. Signed Power of Attorney (for Appointment of Attorney to file Trademark)
4. Signed User Affidavit (Only for Prior usage of marks)
For Private Limited, LLP & other small entities
1. Logo (if any)
2. Company Master Data of Entry
3. Signed Power of Attorney (For Appointment of Attorney to apply on the
applicant’s behalf)
4. Signed User Affidavit (Only for Prior usage for marks)
5. MSME Registration certificate
6. Board Resolution for Appointments of Authorised Signatory
For Society & Trust
1. Logo (if any)
2. Registration certificate
3. Signed Power of Attorney (For Appointment of Attorney to apply on
applicant’s behalf)
4. Signed User Affidavit (Only for Prior usage for marks)
For Joint Applicant
1. Logo (if any)
2. Copy of Aadhar Card of both the applicants
3. Signed Power of Attorney (For Appointment of Attorney to apply on the
applicant’s behalf)
4. Signed User Affidavit (Only for Prior usage for marks)
The Conclusion
A trademark is a crucial asset for your business. Despite its significance, many brands overlook or dismiss the registration process, perceiving it as complex or dull. In reality, the procedure is straightforward and vital for safeguarding your brand. Neglecting it can lead to complications when protecting or selling your brand in the future. Therefore, understanding and completing the trademark registration is essential for securing your business identity and ensuring a smooth brand transition or sale to another entity.
Disclaimer: The information presented here is for informational purposes only. Accessing or using the site and its materials does not establish an attorney-client relationship. The content is not legal or professional advice and should not be relied upon as a substitute for advice from a licensed attorney in your state.
Why Professional Utilities?
Frequently Asked Questions (FAQs)
A trademark, commonly a brand or logo, distinguishes your product from competitors, legally known as "intellectual property".
Trademark Registration is a legal process governed by the Trade Marks Act, 1999. It safeguards your brand or logo, restricting others from using it, ensuring exclusive rights and protection.
A phrase, word, symbol, device, or color is eligible for trademark protection, distinguishing goods and qualifying for legal safeguarding. Commercial use is essential for legal protection, and trademarks are valid for a 10-year protection span.
Trademark searches are crucial to verify if a mark is in commerce. Searches vary in scope, considering all protection avenues for remotely similar marks. A strategic approach factors in the mark's nature, covered goods/services, timeline for commerce, and resource allocation by the applicant.