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Highlight and Secure Your Corporate Identity (Trademark or Brand)

Trademark or Brand registration in India has become necessary at this day n age when brand identity holds as much value as the brand itself. If you apply for registration early, you will be saved from unnecessary and daunting financial and legal entanglements. Registrationwala offers trademark filing starting at just INR 6499 

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Trademark Registration

Trademark Registration in India

INR 6,499 /- All Inclusive, No hidden Charges

Free Trademark Name Search Application Filing in One Class

INR 10,999 /- All Inclusive

Free Trademark Name Search Application Filing in One Class

 

Trademark For Individual/Startups

INR 6,499 /-

Trademark Registration in just 3 Days

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Trademark For Company/Partnership/LLP

INR 10,999 /-

Govt. Fee Included
For Company/Partnership/LLP 
Trademark Registration in Just 3 Days

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Trademark or Brand Registration

Any symbol that marks the product or service that distinguishes from similar products or service is called a Trademark. A Trademark  or Brand can be anything from a numeral, label, word, name or a device. Once a Trademark or Brand goes through a registration process, it becomes an intangible asset or more properly, an intellectual property.

Intellectual property is a term used to refer to intangible assets; the role of the Trademark IP is to protect the investment of the company on this symbol.

The criteria for a trademark registration or brand registration in India is that it has to distinct from other symbols that are already present in the market and are being used to represent similar type of business. If there are any similarities between the trademarks or brand to be registered with the one already prevalent in the market, the registration process will not go through. Furthermore, if the trademark or brand has any of following conditions happen:

  1. The mark is deceptively similar.
  2. The mark is generic and makes use of the common terms.
  3. The mark is not distinctive enough to be one.
  4. It contains special emblems that are already protected by laws
  5. Etc.

The one who registers the trademark or brand in India is the Controller General of Patents Designs and trademarks, Ministry of Commerce and Industry, Government of India.

Trademark registration or Brand Registration in India happens under the Trademark Act 1999.

The Trademark registration or Brand registration provides the trademark owner with the rights to sue the trademark infringer for financial and reputational damages. Once the trademark or brand applied to registered goes into the trademark journal, it can be used along with a “TM” symbol and once the trademark registration process is complete, the trademark owner can then use the “R” symbol. The registration is valid up to 10 years.

Required Documents for Trademark or Brand Registration

For Individual/Startups
  • Identity proof and
  • Business registration document
For Company/Partnership/LLP
  • Shops Establishment License
  • Certificate of Incorporation and
  • Address proof of the company
For Partnership firm
  • The Partnership Deed

What We Do

Step 1
Getting Information
1 Day

Step 2
Drafting of Application
2 Days

Step 3
Changes & Confirmation
2 Days

Step 4
Filing of Application
3 Days

 

FAQs

A trademark is a unique design, text or sign used by a person or a business to keep its products and services distinctive from competitors. It makes it easier for buyers to identify a brand’s products and make purchase decision easily.

A good trademark must have the following qualities:

  • Easy to read, spell and remember
  • Must be unique and distinctive without any traces of similarity
  • Should not be lengthy
  • Laudatory word/words such as the best, perfect etc. should be neglected

Conducting a trademark search is important. They are the best way to check if your proposed trade mark does not infringe earlier rights. Even after registration of your trade mark, you should routinely carry out searches because this is the only way to efficiently protect your trade mark. In the absence of any such activity, there will be high chances of being sued for trademark infringement, trademark application rejection and a third-party challenging the trademark application.

Trademark registry publishesthe Trademark in Trademark Journal.

No, trademark registration is not mandatory in India but it is advisable to go for it.

A trademark is designated by the following:

  • ™ (For an unregistered trademark, a mark used to promote or brand goods)
  • ® (For a registered trademark)

Following marks can be registered under the Indian trademark law:

  • Names
  • Letters
  • Devices
  • Numerals
  • Shape of goods
  • Signature
  • Slogans
  • Sound Marks
  • Invented / Coined Words

Combination of colors

Trademarks should be registered for a specific product or service. A single trademark application can be submitted to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.

Yes, being an intellectual property, it can be sold, transferred, gifted or franchised by the owner. 

Yes, a foreigner or a foreign entity can apply for trademark registration in India.

No, trademarks registered in India remain valid only in the country.

Trademark Registration is a complicated process and it takes around 18-24 months to obtain registration in a direct case, without any objections or oppositions. However, the trademark application number is typically issued within one or 2 days after application submission.

Basic Documents are given below:

  • Trademark Application
  • specifications of goods or service for which application is made
  • Representation of mark in prescribed size and format

In general, trademark registration is valid for a period of 10 years. One needs to renew it after a period of 10 years.

While both offer intellectual property fortification, they protect different kinds of assets. Copyright is used to protect literary and artistic works, such as books and videos. A trademark defends items that help define a company brand, such as its logo.

Any individual can make a trademark registration application.

No, use of mark before registration is not mandatory in India. Trademarks that are intended to be used can also be registered in India.

A mark cannot be registered as a trademark if:

  • The mark is expected to deceive the public or cause confusion.
  • The stuff contained or mentioned in the mark is intended to hurt religious sentiments or any class or section of the citizens of India.
  • It is comprised of scandalous or obscene matter.

Its use is restricted under the Emblems and Names Act, 1950.

Latest Blog

How to Rectify your Already Registered Trademark?
How to Rectify your Already Registered Trademark?

Trademark rectification is a legal procedure that is applied to rectify or correct and error that has been made in the t ....

  • November 2018
  • Registrationwala
How to copyright a LOGO and Name in India?
How to copyright a LOGO and Name in India?

In India the copyright can be protected with either the copyright registration or the trademark registration while for t ....

  • November 2018
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What is Deceptively Similar Trademarks Case in India | Brief Example
What is Deceptively Similar Trademarks Case in India | Brief Example

One of the biggest hurdles in the way of getting the trademark registered is the similarity of the trademark with an exi ....

  • September 2018
  • Registrationwala
What is the Trademark Registration Fees or Cost in India?
What is the Trademark Registration Fees or Cost in India?

With trademark registration, there are many matters that you need to concern yourself with. First, there is the gatherin ....

  • September 2018
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Protect Your Brand

Protect Your Brand Identity in India : Logos, Symbols and Other Icons

  • Protection provided for
  • Requirements for registration
  • Duration of Protection
  • Rights granted
  • Who can obtain?

Copyright INR 3,499 /-

  • Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.
  • The work must be original, creative and should be capable of fixing in the tangible form.
  • Author’s life plus 70 more years.
  • Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.
  • Authors, artists, choreographers, architects, and other creative professionals.

Patent At Best Price

  • Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.
  • An invention must be new, useful and non-obvious
  • For 20 years.
  • Right to prevent others from making, selling using or importing the patented invention.
  • Inventors and designers.

Design INR 8,999 /-

  • Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.
  • The design must be original and should be applied to the article by any industrial process.
  • For 10 years.
  • Provides the creator, exclusive rights over use of the design.
  • Designers or the owners of the product.

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