Trademark Registration provides legal protection to your brand against the misuse or copying of your registered brand name, logo tagline, etc. A trademark can be any word, phrase, tagline, logo, symbol, design, or combination of these things that identifies your goods or services. Basically, it’s how customers recognize your brand in the marketplace and distinguish you from your competitors.
According to the Section 2(1) (zb) of the Trademarks Act, 1999, a ‘trademark’ means a mark that is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others and may include the shape of goods or their packaging and combinations of colours.
FAQs on Trademark Registration in India
If you want to protect your brand, you have to start by registering a trademark before opening your business. There are many questions that may arise when you prepare to file a trademark registration application. Don’t worry, we have a comprehensive collection of FAQs on trademark registration that will help you to know everything about the Trademark Registration process in India.
What is the process of trademark registration in India?
The process of trademark registration in India is very simple and smooth. A trademark registration application can be filed at one of the five Trademark Registrar Offices offline or online, according to the jurisdiction. You can file trademark applications on your own or by a trademark lawyer or agent.
There are a maximum of 10 steps in the process of registering a trademark in India. Here are the Steps to Register a Trademark in India:
Step 1 – Naming your business or choosing a brand name (5-7 days)
Step 2 – Trademark search (1-2 days)
Step 3 – Filing of the Trademark Application (1 day)
Step 4 – Allotment of Trademark Application Number
Step 5 – Trademark Examination
Step 6 – Trademark Objections
Step 7 – Reply filling to Trademark Objections
Step 8 – Publication in the Trademark Journal
Step 9 – Registration of the Trademark and issue of Trademark Registration Certificate
Step 10 – Renewal of Trademark Registration
How much time does it take to register a trademark in India?
if your trademark receives objections then the trademark Registration process may be lengthy for you. It may take around 18-36 months to get trademark registration done, depending on the case to case and their objection complications. However, if your trademark registration application is accepted in the first place and no objections are made against your trademark, it will be a straightforward case and your trademark may be registered in 12 to 18 months.
How much does it cost to a register trademark in India?
The cost to register a trademark in India depends on case to case. The Government fee for a trademark registration application is Rs. 4,500 for individuals (Proprietorship) and Rs. 9,000 for companies (Pvt. Ltd. Company, Partnership Firm, LLP,) for only 1 class.
Hiring a professional trademark lawyer will cost you between Rs. 12,500 to Rs. 35,000 or so (government fee & filing fee included) initially, depending on the reputation and knowledge of the lawyer. If there is additional work needed outside of the general trademark filing process (objections, hearings, disputes, etc) then expect to pay between Rs. 12,500 to Rs. 1,50,000 or so for continued assistance till the trademark is registered. The cost may go high in some exceptional cases.
What is the validity of a trademark in India?
A trademark is valid for 10 years from the filing date of the trademark registration application, after which it is required to be renewed within the prescribed period by paying the Government fee for registration.
Can I use TM without registering in India?
It is not mandatory to register a trademark in India. However, TM symbol can be used only after filing a trademark registration application in the trademark registrar’s office. When you see TM symbol with a logo or brand name that means a trademark registration application is in process in the trademark registrar’s office. A trademark is a distinctive mark, word, logo, or tagline used by an individual or an organization that distinguishes their services or goods from others. However, you can use “TM” for goods or “SM” for services even if you haven’t filed a trademark registration application to register your trademark.
Can I register a trademark by myself?
Yes, you can register a trademark by yourself. An individual can file for the registration of his trademark himself. The trademark registration application can be filed online through the e-filing gateway available at the official IP India website or in writing with the Indian Trademark Office (TMO).
How do I register my brand name?
It is very simple and easy to register your brand name. Brand Name Registration in India start with naming your business or choosing a brand name uniquely, do a trademark search and file a Trademark Application. Once you get a trademark registration application number, follow up with Trademark Examination Report and Objections. Prepare your reply in case of objects and file it with Trademark Registrar office.
What is the duration of the trademark?
The duration of a trademark is 10 years in India. After successful registration, a trademark is valid for 10 years from the filing date of the trademark registration application, after which it is required to be renewed within the prescribed period by paying the Government fee for registration.
How to renew a Trademark
If your trademark registration is about to expire, the registrar of trademarks will send you a reminder letter about the expiry of the trademark 6 months prior to its expiry date. If you want to renew your trademark you can renew it by paying a renewal fee. If you do not renew your trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. If the mark is not renewed after 10 years, you still have the option of restoration, which means renewal itself but with a fine.
Can I use TM without registering?
The symbol TM indicates that you are claiming the trademark as yours and have filed a trademark registration application with the register of the trademark office of India. However, you can use “TM” for goods or “SM” for services even if you haven’t filed a trademark registration application to register your trademark.
What is the difference between TM and R?
If you see a TM symbol that means a trademark registration application is under process by the owner of the brand, although it may not yet be registered. If you see (R) symbol that means the brand or logo is officially registered with the trademark register and protected.
How can I trademark fast?
You can trademark fast in India if your application is very strong and it is likely to recive no objects from anyone. You have name your business or choose a brand name that is very unique. It may take time. You can do a trademark search using ipindia search website. Once you are ready with a unique trademark, you can file a Trademark Registration Application online. If your trademark is not objected at any stage then you can trademark fast. Follow these 10 steps below to trademark fast:
What is the cheapest way to trademark?
The easiest and least expensive way to register your trademark is online, through a lawyer. A lawyer knows the process of trademark registration in India, and he will guide you to get your trademark registered.
What is the government fee for a trademark?
In India, the Government fee for a trademark registration application is Rs. 4,500 for individuals (Proprietorship) and Rs. 9,000 for companies (Pvt. Ltd. Company, Partnership Firm, LLP,) for only 1 class.
Can I trademark a logo?
Yes, you can trademark a logo. Also, it can be both copyrighted and trademarked. A logo is copyrighted as soon as it is created originally, but the copyright owner can also register the logo as a trademark in India with the Register of Trademark Office.
Can we register a trademark online?
Yes, you can register a trademark online in India. You can file a trademark application online at one of the five Trademark Registrar Offices. Your trademark registration application must contain the following information: mark or word or logo and details of the applicants.
How Much Time Does It Take to Register a Trademark
Generally, a minimum period of about 12 to 24 months may be required for the registration of a trademark In India, in case of a non-opposition case.
When I can start using the TM symbol
You can start using the TM symbol after filing a trademark registration and upon receiving the trademark registration application number from the trademark office. However, you can use “TM” for goods or “SM” for services even if you haven’t filed a trademark registration application to register your trademark.
If you have any queries or require legal assistance or advice, email us at firstname.lastname@example.org