Trademark Registration

Rs.2,990.00

Plus Government Fee on Actuals

A trademark is a visual symbol, which may be a word, name, device, label, or numerals used by a business to distinguish its goods or services from other similar goods or services originating from a different business.

Trademark Registration

Price: Rs.2,990.00

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A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.

TaxFino is the market leader in trademark filing services in India, offering a variety of trademark services like trademark filing, trademark objection reply, trademark opposition, trademark renewal, and patent registration. Get a free consultation for trademark registration by scheduling an appointment with a TaxFino Trademark Expert.

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Benefits

  • Trademark distinguishes a business or a brand from others

  • It gives the owner of Trademark an exclusive right to use the trade name / brand name for the goods or services offered

  • The owner of Trademark can sue for its infringement

Eligibility

  • Any Business with a distinguished visual symbol for the goods or services offered can apply for Trademark

  • The Trademark should not be offensive, generic, deceptive

Documents

Logo
Wordmark
Name & Contact Details of Applicant
FAQ

Do you have Any Questions?

Is trademark application valid for all services and goods?

Trademark applications are distinctive to the goods or services it represents. Therefore, trademark applications are made under a “Class” of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or services it represents.

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

No, trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

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

Any person claiming to be the owner of the trademark used or proposed to be used can authorize the trademark filing. The person can be an individual, company, NGO, etc.

Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.

Filing a trademark rectification does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Registrar based on experience and expertise.

Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.

If Trade Mark Registrar raises an objection for registration of a Trademark, the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any.

As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement to the Registrar within two months.

Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.

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