What is Trademark Registration?

The Trade Marks Registry in India was established in 1940 and presently it regulates the prevailing law Trade Marks Act, 1999 and their rules to protect misuse of trademarks. Trade Marks Registry provides resources, facilitates information centres and regulates all matters relating to trademarks in PAN India. The purpose of the Trade Marks Act, 1999 is trademarks registrations in the country and ensure protection to the registered trademark for goods and services. This also helps original trademark owners to prevent fraudulent use of their trademark. The main function of the Trademark Registry is to register trademarks which qualifies for registration under the prevailing trademark and their amendment Act and Rules.

Once a Trademark is registered with Registrar of Trademark, The Registered Owner get an exclusive right to use such Trademark. It is important to note that the conferred right is only limited to republic of India. If an entity wants to get the global protection then it need to apply for the registration in every country individually.

Types of Trademark

Standard Mark

Standard marks are basic marks which denote the source of Goods and Services and which are not to be classified as Collective or Certification mark. This is the most common mark used for Trademark Application.

Collective Mark

Collective mark is generally used to distinguish the origin of a product or service at a specific geographical region or by specific group or association. The owners of Collective marks are generally regional Institutions.

Certification Mark

These are the marks used to indicate that the particular product meets the set standards specified with respect to quality or safety or any such thing.

Series Mark

These are marks which are similar to each other substantially and differ only with non-distinctive characters.

DOCUMENT REQUIRED

checked icon   Identity proof of Trademark owner

checked icon   Can use (TM) symbol in a single day

checked icon   One page authorization letter

checked icon   Free Legal search report

checked icon   Soft copy of Logo (also can be applied without logo)

checked icon   Complete online process

 ARRANGE A CALL BACK

KNOW MORE ABOUT TRADEMARK REGISTRATION

Validity of a Trademark after registration

A Trademark registered in India is valid for 10 years from the date of its Registration, once expired; it can be renewed for further 10 years from the date of expiration by filing Form TM-R.

Steps for Trademark Registration in India
  • The First and foremost step is to do a details research of Trademark to make sure the Trademark to be applied is not already registered in the name of some other Entity or Individual in same class (Class details are given on the trademark website).
  • As per Rule 23 of the Trademark Rules, 2017, a Trademark can be registered by filing a written Application to the Registrar of Trademarks in Form TM-A duly signed by the applicant or his agent on behalf of the Applicant or by creating a Login id at Trademark website and selecting New Form Filing using Class DSC of Applicant or Agent.
Procedure of Renewal of a Trademark

The registrar of trademark sends a notice to the Registered Owner of trademark to get the trademark renewed before expiration of Trademark. In case the Registered Owner fails to renew within the time limit, the Trademark can be renewed within further 6 months from expiration date after paying a late fee along with Renewal Charges if still the Registered Owner fails to renew then he gets extension of 6 more months in which he can restore the Trademark by paying Restoration fees.

Trademark Application in multiple Classes

Multiple Trademark can also be applied in single Form TM-A, important to note that fees for each class is to be paid separately. One Application number is generated for all Applications.

1. Formality Check Pass / Fail: Once a Form is filed it passes through all the basic formalities like description of goods and services and the documents required to be attached if some discrepancy is found at the initial level then Formality Check becomes fail.

2. Marked / Sent for Examination: Once the Formalities checked, the form is sent for Examination to the Registrar which examines the Form and finds any irregularity and duplicity in the Mark

3. Accepted & Advertised: When the Department accepts the Form does not have any objection and the mark is advertised in journal.

4. Objection: Upon Examination of Form TM-A, if examiner encounters any inconsistency in the Form, it may raise objection under section 9 and Section 11 of the trademark Act, 1999 regarding description of Goods and Services and other common issues and require a reply to be satisfied that why the Objection should not be raised.

5. Opposition: Once the mark is advertised in the journal and someone finds it similar to their registered mark they may write to Examiner and oppose the Application which leads to hearing.

6. Abandoned: When there is no response from the Applicant’s side on the objection raised by Examiner or opposition within the specified time then it is marked as abandoned.

 ARRANGE A CALL BACK

frequently asked questions
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.
Trademark, the word is a combination of TRADE and MARK, means a mark which is used in trade, commerce or business. If you close down your business, in legal sense, if you do not carry on any business under your trademark then it will cease to exist. However in practical sense the trademark registry will continue to show your trademark alive unless it is withdrawn by you or it expires after 10 years of registration, due to non-renewal.
For any Enquiry +91-9354762407

Why choose Raheja Professionals

Raheja Professionals believe that the timely compliance is the essence of the present corporate world. We start our preparation as soon as we receive the necessary documents from the Clients.

‘WORK IS WORSHIP’ is our moto. Hence we provide quality services at reasonable prices. We never compromise in terms of compliances of different laws. We protect our Clients from future legal hardships.

Raheja Professionals is a group of experienced professionals having more than 5 years of experience. Our group comprises of Chartered Accountants, Company Secretaries, Lawyers etc.

Raheja Professionals provide different services in relation to Accounting and Book Keeping, Company Law Matters, GST etc. One can avail all services in relation to his business at one place.

SERVICES AT GLANCE

  • Company Registration
  • Trademark & IPR Services
  • ROC Filing
  • GST Registration
  • ISO & MSME Services
  • Accounting Services
  • Import Export Code
  • Tax Consultancy Services