Trademark Registration
Secure your brand identity with comprehensive trademark registration services from TaxAdvisr. Our seasoned IP lawyers conduct in-depth searches to ensure your mark is unique.
- Trademark filing starts at just ₹1499 + government fees.
I was worried about protecting my brand name, but TaxAdvisr made the process easy and stress-free. Their team is fast, efficient, and always available to help.
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Right plan for Your Business
Customized plans to suit your business needs.Smart Plan
₹1499 0% off
₹1499
+ Govt. Fee
What you’ll get
- Initial consultation and class selection
- Trademark Search & Availability check
- Trademark Filing
- Publication in Trademark journal
- One reply of objection (if raised)
- Issuance of certificate
- Digital Kit provided
Pro Plan
₹3499 0% off
₹3499
+ Govt. Fee
What you’ll get
- Initial consultation and class selection
- Trademark Search & Availability check
- Trademark Filing
- Publication in Trademark journal
- Two reply of objection (if raised)
- Amendment if required
- Dedicated service manager
- Issuance of certificate
- Digital Kit provided
Premium Plan
Everything within 3 working days
₹6499 0% off
₹6499
+ Govt. FeeWhat you’ll get
- Initial consultation and class selection
- Trademark Search & Availability check
- Virtual meeting with expert
- Trademark Filing
- Publication in Trademark journal
- Reply of all objections (if raised)
- Physical Hearing (if necessary)
- Dedicated service manager
- Amendment if required
- Issuance of certificate
- Digital Kit provided
Note: All prices are excluding GST. Tax & Government fees should be payable directly to the respective government portal. Also, plan is subject to approval after the discussion of scope of work. All rights reserved by Taxadvisr. T&C
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Eligibility: Who Can Apply for Trademark Registration?
Anyone can apply for trademark registration in India, including:
- Individuals
- Joint Owners
- Proprietorship Firms
- Partnership Firms
- Limited Liability Partnerships (LLPs)
- Indian Companies
- Foreign Companies
- Societies
- Trusts
Essential Documents for Trademark Registration
Protect your brand with the right paperwork. Here’s what you’ll need:
- Applicant Details: Name, address, nationality, and business registration proof (if applicable).
- Trademark Details: Clear description of the mark (logo, slogan, brand name), including its intended use.
- Business Proof: Registration certificate (for companies).
- Authorization Letter: If applying through a representative.
- Business Overview: A brief description of your business and its objectives.
Trademark Registration
Trademark registration in India is essential for entrepreneurs or companies aiming to safeguard their brand. A trademark is a unique sign used to identify goods and services from a specific individual or company. It can take the form of pictures, designs, words, or even expressions, providing an identity to your products and services and differentiating them from competitors.
Intellectual properties, such as trademarks, are intangible assets that represent the creation of the mind, unlike physical properties like real estate or cars. Protecting these intellectual properties from infringement is crucial. Trademark registration, protection, and enforcement in India are governed by the Trademark Act, 1999, and the Trademark Rules, 2003 and 2017.
Registering your trademark is vital in today’s competitive market, offering essential protections against the misuse of your brand. The registration process ensures that your unique brand elements are legally recognized and protected from unauthorized use by others.
At TaxAdvisr, we streamline the trademark registration process for you. Our team of experts handles the complex paperwork and legal procedures, ensuring a smooth and efficient experience. We provide personalized assistance throughout the entire process, from filing the application to securing your trademark registration. Partnering with TaxAdvisr for your trademark registration needs ensures that your brand is well-protected, giving you peace of mind and the freedom to focus on growing your business.
Why Is Trademark Registration Important?
Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It grants you legal rights to your brand, enhancing its value and ensuring exclusivity. Registered trademarks build customer trust by assuring them of consistent quality in your products or services.
It also helps in brand recognition, distinguishing your offerings from competitors. Registering your trademark provides a solid foundation for brand loyalty and long-term business growth. By securing your trademark, you safeguard your brand’s identity, reputation, and market position, giving you a competitive edge and legal recourse against potential infringements.
What Can and Cannot Be Registered as a Trademark?
1. Can Be Registered:
Distinctive Marks: A trademark must be capable of distinguishing the goods and services of one business from another. This includes unique signs, designs, logos, words, or expressions.
Acquired Distinctiveness: Descriptive words may be registered if they have acquired a secondary meaning and are recognized by the public as distinctive of the goods or services.
2. Cannot Be Registered
Descriptive Marks: Marks that merely describe the kind, quality, quantity, intended purpose, value, or geographical origin of the goods and services.
Similar Marks: Marks that are identical or confusingly similar to existing trademarks, as they can mislead the public.
Offensive Marks: Marks that are likely to hurt religious sentiments, are considered immoral, or contain scandalous or obscene matters.
Generic Terms: Words that are common and directly related to the goods or services cannot be registered.
Who Can Apply for Trademark Registration in India?
Various individuals and entities can apply for trademark registration in India, ensuring their brands are legally protected and distinctive. The eligible applicants include:
- Owners or Joint Owners of a Business: Individual business owners or joint owners can register trademarks to safeguard their brand identity.
- Limited Liability Partnerships (LLPs): LLPs can register trademarks to protect their business names and logos.
- Startups and Small Enterprises: Small businesses and startups can secure their brand identity through trademark registration.
- Proprietorship Firms: Sole proprietors can apply for trademark registration to secure their business names and trademarks.
- Societies and Trusts: Non-profit organizations, societies, and trusts can register their unique identifiers.
- Foreign Businesses: International companies operating in India can register trademarks to protect their brand.
- Partnership Firms: Firms with multiple partners can apply for trademark registration to protect their shared business assets.
- Indian Companies: Both private and public limited companies in India can register trademarks for their brands.
Trademark registration provides these entities with legal protection, enhancing brand security and instilling confidence in executing their business operations.
Required Documents and Details for Trademark Registration in India
To ensure a smooth and successful trademark registration process in India, applicants need to gather and submit the following documents and details:
- Applicant’s Details:
- Name of the Applicant: Provide identity proof such as a PAN Card, Aadhar Card, etc.
- Address of the Applicant: Submit address proofs like Aadhar Card, electricity bill, gas bill, etc.
- Nationality of the Applicant: Proof of applicant’s nationality
- Business Applicants: Certificate of incorporation and business registration are needed.
- Trademark Details: Provide detailed information on how the trademark will be used for the goods and services of the business, as per the class of the services/goods.
- Business Address Proof: Provide proof of the business’s address with the application for trademark registration.
- Authorization Letter: When filing with the help of an authorized agent or representative, an authorization letter on the company’s letterhead is required.
- Objective of the Business: A summarized form of the business’s objectives regarding trademark registration is also required, detailing what the business stands for and its operations.
- Logo/Slogan/Brand: Submit any logo, slogan, or brand name for which you wish to receive a trademark clearly and without discrepancies.
- User Affidavit: If the trademark has been in use prior to the application, submit an affidavit stating the date of first use, along with evidence for such use.
- Legal Entity Proof: Businesses must produce a registration certificate or business incorporation certificate as legal entity proof.
Additionally, different business entities might need specific documents for the registration process. Ensure that all necessary papers are in order and correctly submitted to avoid delays and ensure successful trademark registration.
Necessary Papers Required by Different Business Entities for Trademark Registration
| Entity Type | Required Documents |
| Private Limited Company | Incorporation Certificate Brand Name, Logo, Tagline Company PAN Card MSME Certificate, etc. |
| Limited Liability Partnership (LLP) | Limited Liability Partnership (LLP) Deed Certificate of Incorporation LLP PAN Card Brand Name/Logo/Tagline |
| Trusts | Trust PAN Card Trust Deed Logo/Name/Tagline |
| Partnership Firms | MSME Certificate Partnership Deed Partnership PAN Card Logo/Name/Tagline |
| Sole Proprietorship Firm | GST Number PAN Card Aadhar Card Logo/Name/Tagline |
Trademark Classes
The NICE Classification, also known as the International Classification of Products and Services, organizes trademarks into 45 distinct classes. Each class represents a specific category of products or services. Here are some notable trademark classes:
| Class | Description |
| Class 9 | Includes computer software, electronics, and scientific instruments. |
| Class 25 | Covers clothing, footwear, and headgear. |
| Class 35 | Encompasses business management, advertising, and marketing services. |
| Class 41 | Relates to education, entertainment, and sporting activities. |
These classes help in determining the scope of protection for your trademark. If your business falls within these popular classes, you might face higher competition for trademark registration. However, as long as your mark is distinctive and unique, you can secure protection for your brand.
Types of Trademark Registrations in India
Under the Trademark Act of 1999, various types of trademark registrations are available in India to protect different aspects of branding. Here are some notable types:
| Type of Trademark | Description | Examples |
| Pattern Mark | Characterized by a distinctive pattern that identifies products or services from a specific source, making them distinguishable from others. | Louis Vuitton’s iconic checkerboard pattern. |
| Label Trademark | Protects the label or packaging of a product, ensuring that the entire packaging or label is unique and identifiable. | Coca-Cola’s distinctive bottle label. |
| 3D Trademark | Utilizes the three-dimensional shape of a product or its container to stand out in the marketplace. Must be visually representable and distinct. | The shape of a Zippo lighter or the contour of a Coca-Cola bottle. |
| Slogan/Tagline | Creative and distinctive phrases that immediately remind consumers of a product. Trademarked slogans grant exclusive rights for their use in advertising. | Nike’s “Just Do It.” |
| Device Trademark | Visual elements used to create unique and recognizable representations. Can include symbols and word marks, or a combination of both. | The PUMA logo. |
Each type of trademark serves a specific purpose in protecting different elements of a brand’s identity.
How to Register a Trademark in India With TaxAdvisr
Follow these step-by-step guidelines to register your trademark in India seamlessly:
Trademark Search
Our trademark lawyers will begin by conducting an extensive search to verify if your desired trademark is available. You’ll need to reach out to our experts, provide all necessary documents, and we will perform a thorough search using government portals and our trademark tool. If you opt for a detailed search, our Senior trademark lawyers will offer a comprehensive report with their expert opinion.
Class Selection and Application Filing
Next, our team will help you select the appropriate class or classes for your business. According to trademark laws, businesses are categorized into 45 classes. We will assist in choosing the right classes and ensure your trademark application form is filled out accurately. If any objections arise, we will respond to examination reports and handle hearings on your behalf.
Trademark Publication and Registration
Once your application is accepted by the examiner, it will be published in the trademark journal for a period of 4 months. During this time, if there are no third-party oppositions, you will receive your trademark registration certificate. If objections or oppositions occur, our team will provide crucial support by filing responses or counter-statements within the required timeframes, addressing any challenges in the registration process.
Challenges in Trademark Registration
- Careful Examination: The Trademark Registry in India conducts a rigorous examination of trademark applications. Many applicants struggle to meet the necessary criteria or understand the nuances of trademark law, making the registration process challenging. TaxAdvisr can assist by ensuring that your application meets all legal requirements and avoids ambiguities.
- Identical Marks: Filing a trademark application for a mark similar to an existing trademark can lead to objections or oppositions. Absolute grounds of refusal can also result in rejection. TaxAdvisr helps in filing for a unique trademark that meets all criteria, reducing the likelihood of objections and ensuring successful registration.
- Improper Trademark Search: A thorough trademark search is crucial to verify the uniqueness of a trademark before filing. This process can be time-consuming and detailed. TaxAdvisr offers comprehensive trademark services, including thorough searches to ensure your trademark is unique and assist you in obtaining the registration certificate.
- Opposition Proceedings: After publication in the trademark journal, a third party may file an opposition. If an opposition is filed, you must submit a counter-statement within two months, or your application may be abandoned. TaxAdvisr’s team of lawyers provides expert assistance in preparing and filing counter-statements.
- Classification of Goods/Services: Goods and services are classified into 45 distinct classes under Indian trademark laws. Proper classification is vital for trademark registration, and misclassification can lead to issues. TaxAdvisr has experts who specialize in trademark prosecution and classification, ensuring your application is correctly categorized.
Types of Trademark Symbols and Their Meanings
- “™” Symbol
Usage: Applied to trademarks that are not yet officially registered.
Meaning: Indicates that an application for trademark registration has been made. It does not offer legal protection but serves as a deterrent to competitors by signaling that the mark is in the registration process.
- “SM” Symbol
Usage: Used for service marks, typically for businesses providing services rather than selling goods.
Meaning: Similar to the “™” symbol, it signifies that a service mark is unregistered. It does not provide statutory protection but denotes that the mark is associated with a specific service.
- “®” Symbol
Usage: Applied to trademarks that are officially registered with the Trademark Registry.
Meaning: Confers legal protection, granting the trademark owner exclusive rights to use the mark on their goods or services. It allows the owner to take legal action against unauthorized use of the trademark.
Trademark Registration: Post-Registration Compliance
After securing trademark registration, it’s essential to adhere to several post-registration requirements to maintain the validity and protection of your trademark:
- Renewal: A trademark registration is valid for ten years from the registration date. Ensure timely renewal to keep the trademark active and protected.
- Use of Trademark: The trademark must be actively used in connection with the goods or services for which it is registered. Failure to use the trademark can lead to its cancellation.
- Assignment and Licensing: If you transfer ownership of the trademark or grant licensing rights to others, file the necessary documents with the Trademark Registry to officially record these changes.
- Record Changes: Notify the Trademark Registry of any changes in trademark ownership or alterations in details to keep the registration records current.
- Protection Against Infringement: Regularly monitor the market for potential trademark infringements. Take proactive measures to prevent dilution or unauthorized use of your trademark.
- Enforcement: If infringement occurs, you have the right to send cease and desist notices, seek damages, and initiate legal proceedings to enforce your trademark rights.
How TaxAdvisr Will Help with the Trademark Registration Process
TaxAdvisr offers extensive support throughout the trademark registration process. We start with a comprehensive trademark search to verify the availability and uniqueness of your proposed mark. Our experts assist in preparing and organizing the necessary documents and file your trademark application accurately.
With team experts, we are equipped to handle all aspects of trademark registration, ensuring compliance with all legal requirements and a smooth process. Our expertise in intellectual property laws has successfully served more than 1,500 clients. Simply reach out to us, and we will manage all your trademark registration needs with professionalism and efficiency.
Trademark Registration FAQs
You can register a trademark in India by creating an account on the registration portal and following the outlined steps. The process involves a thorough search, application submission, and handling of any objections or oppositions.
Yes, individuals can register a trademark without having a registered company. A trademark serves as a unique identifier for goods or services, regardless of business ownership.
The optimal time to register your trademark is right after incorporating your company. This ensures that your brand is protected from the outset. The Office of the Registrar of Trademarks manages the registration process.
Brands with logos, slogans, or names that may offend public sentiments or are deemed scandalous or obscene are prohibited from trademark registration.
An assignment of a trademark without consideration may not be enforceable under law, possibly allowing the original owner to reclaim the trademark.
Yes, you can register a trademark yourself. Visit the online trademark registration portal, complete the required details, and upload the necessary documents. However, due to a few technicality & legality reasons, we would recommend you to take advise from our experts
A trademark is valid for ten years from the date of registration. It can be renewed indefinitely for additional ten-year periods.
Trademark infringement involves unauthorized use of a trademark’s exclusive rights without permission from the trademark owner or any authorized licensees.
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Testimonials
Hear what our clients are saying…
I was worried about protecting my brand name, but TaxAdvisr made the process easy and stress-free. Their team is fast, efficient, and always available to help.
Anjali Kapoor
Owner, Kapoor DesignsI got my brand’s trademark registered from taxadvisr. All I want to say is their service is worth every penny; more than what I expected.
Priya Nair
Founder, Nair CosmeticsTaxAdvisr made my trademark registration so simple! Their team guided me through every step and handled all the paperwork perfectly. I got my trademark without any hassle.
Ramesh Verma
Founder, Verma Creations1,000 customers and counting!
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