Apply Trademark Registration Online
- Our senior IP lawyer conducts thorough trademark searches before ™ application.
- Stay informed with regular updates throughout the process. TM filing starts from ₹1999 ₹1499 + Govt fees
How it works?
Trademark Registration In India – An Overview
A trademark is an intellectual property consisting of a recognizable sign, design, name, insignia or expression that identifies a product or service from a particular source and distinguishes it from others. An individual, business organization, or any legal entity can own a trademark. It serves as a legal tool to differentiate products or services from those of other companies, ensuring that consumers can identify the origin of what they are purchasing
What Can You Register As a Trademark?
In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.
Register your Trademark outside India
Expand your business to different countries. Ledger Crafter Experts will guide you through the entire process
Why Is Trademark Registration Important?
Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.
Trademark Validity
Trademark is valid for 10 years from the date of filing an application once registration certificate issues. However, it has to be renewed every 10 years further for keeping the trademark recognition.
Trademark Classes
The NICE Classification, also known as the International Certification of Products and Services, sets the trademark classes. This system divides trademarks into 45 separate classes, each representing a specific group of products or services.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
Types of Trademark Registrations in India
Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:
Pattern Mark
- A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
- Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern
Label Trademark
- A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
- One of the famous brand who has trademarked their label is Coca Cola ’
3D Trademark
- Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
- It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act – which outlines that the mark must be visually representable and distinguishable from other goods and services.
- The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks
Slogan/Tagline
- Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
- Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
- Nike’s ‘Just Do It’ is a perfect example of a slogan trademarked
Device Trademark
- Device trademarks are visual elements that are used to create unique and recognisable representation
- These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.
- The iconic PUMA’s symbol is a classic example of a Device trademark
How to Register Trademark in India With Ledger Crafter
Registering a trademark in India is complicated. Ledger Crafter has made it easier for you by breaking it down into three easy steps and providing complete expert support.
Step 1 : Our Trademark Lawyers will conduct an extensive trademark search
Reach out to our trademark experts and resolve all your queries. After providing all the documents, our experts will conduct a thorough trademark search on all the government portals and our free trademark tool. This is to verify if the mark you wish to register is available. If you want a detailed search report, our Senior trademark lawyers will conduct an extensive search with detailed opinion which can be accessed from here.
Step 2: Class Selection and Trademark Application Filling
Our team of experts will help you choose the right class or classes for your business. All businesses are categorised in 45 classes as per Trademark laws. We will assist you in choosing the appropriate classes to address every aspect of your company. The trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free. Incase of any objections being raised by Trademark Registry, We shall assist in responding to the same by way of filing response to examination report and/or hearings.
Step 3: Trademark Publication in Journal and Registration
After the application is accepted by the examiner it will be published in the trademark journal for a period of 4 months. If there is no third party opposition, you will receive the certificate for Trademark registration.
In the event of a trademark objection, show cause hearing or opposition during the registration process, our team will provide crucial support. Our experts will reply to the objection raised within the 30-day timeframe or other stages within the stipulated timelines. In case of opposition, our team helps you file a counter-statement to the Registrar within 2 months, providing a clear explanation of why the opposition lacks validity.
Trademark Objections
In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.
When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.
If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
Trademark Opposition
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.
Documents Required for Trademark Registration Online India
The following documents should be submitted for trademark registration in India
- Image of the trademark
- Power of Attorney(drafted by us)
- User affidavit ( only if prior user of trademark)
- TM-A form (drafted by us)
- Id Proof of the applicant along with Address.
Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:
- Applicant name: The name of the person, business, or organisation submitting an application to register a trademark
- Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship
- Objectives of the Business: Give an overview of your company’s nature of business and operations under the trademark
- Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark
- Registration Address: Provide the official address of the organisation submitting the trademark application
- Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that makes your case stronger.
Trademark Opposition
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.
Trademark Symbols and Their Uses
In general there are three types of symbols and are used in different cases as explained below:
R SYMBOL
The R symbol indicates that a word, phrase, or logo is a registered trademark for a product or service. It should only be used in the case of registered trademarks and by the owner or licensee. Additionally, it should only be used in countries where a valid trademark registration is held and seperate trademark has to be filed in countries one plan to use the trademark internationally.
™ SYMBOL
The trademark symbol ™ indicates that the trademark has been applied for protection and the Applicant for the trademark claims right over the same and it unregistered as of date.
SM SYMBOL
“SM” stands for service mark, often seen in superscript like this: SM. It functions similarly to the TM symbol, providing notice that rights in the mark are claimed. However, it is used exclusively in connection with services, such as banking or legal services, rather than tangible goods.
Why Ledger Crafter?
Here is why you should choose Ledger Crafterfor trademark registration online
- We conduct a thorough search of the TM directory
- We prepare the authorization letter, so we can file for tm registration on your behalf
- Our experts guide you with the classes you need to apply under
- We fill and apply with the Registrar
- We constantly provide you with updates until the trademark registration process is complete
- You get the best support throughout the online trademark registration process and all your queries will be answered.
FAQs on Trademark Registration Online
a.Applying a trademark with the Indian trademark office for a madrid trademark application under madrid protocol. This system allows for trademark protection across multiple countries or regions with a single application.
b.Apply the trademark separately in each country via Vakilsearch.
Yes, individuals can register a trademark without having a registered company. A trademark serves as a sign distinguishing the goods or services of one entity from others.
An assignment of a trademark without consideration may not be enforceable under the law, potentially leading to the original owner retaining the ability to reclaim the trademark.
