Trademark Application
Our Price
Market Price : INR 5,500
Our Price : Free
Savings : INR 5,500
Govt Fees : Exclusive of the price
Time for Application : 3 to 5 Working Days
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Trademark Registration
A trademark is a symbol, sign, design, phrase, or word that denotes a certain product or service belonging to a specific brand and legally differentiates it from competitors. It helps customers recognize a company’s products and services, associate them with a particular business, and protect the intellectual property of their original creator.
Registering your mark provides you with legal protection that reduces the possibility of unfair competition. your company is secure with a registered trademark, and you can prevent somebody from making use of your essential elements or benefiting from your brand’s reputation and success. You also have the legal right to take action against other companies that intend to use your intellectual property for personal gain.
Types of Trademarks
Generic mark. It is when a brand name becomes a generic term due to its popularity. As a result, the brand is synonymous with a certain product or service.
Descriptive mark. It describes a product or service. The mark that has a descriptive character can’t be protected by trademark rights since a descriptive mark can’t help identify a source of goods or services.
Suggestive mark. This trademark doesn’t describe a product but invites customers to associate a brand name with a product or service it provides
Fanciful Mark. It’s a made-up term that doesn’t have any special meaning. Fanciful trademarks are created to serve solely as trademarks and don’t have a meaning in everyday life.
Arbitrary Mark. This type of trademark consists of a word or several words that have their own meaning in everyday life. However, when a company uses them to name products or services, they are unrelated.
Elegibility
Individuals, corporations, and non-profit organizations can all apply for trademark registration. However, when it comes to submitting a trademark application, each kind of person or company has its own set of criteria.
For Individual
An individual who is not in the business of selling goods or services is also entitled to file a trademark application and get trademark registration for a term or symbol that he or she intends to use in the future. The applicant’s real name is essential when filing a trademark application as an individual.
Joint Owners
If two people join together and decide to file a trademark application, both of their names must be listed on the trademark application.
Proprietorship Firm
A sole proprietorship firm is not a distinct legal body and the individual who operates the business is entirely liable for its obligations. As a result, a proprietorship firm can submit a trademark application in its proprietor’s name but not in the business and proprietorship names. Those elements will be reviewed separately if the application includes a proprietorship name and a business name.
Partnership Firm
In a partnership company filing a trademark application, all of the partner’s names must be included in the application. As partnership businesses are not regarded as independent legal entities, the trademark application must include the names of all partners. The name of the guardian representing the minor should also be given if the partnership company comprises a minor.
Limited Liability Partnership or LLP
When a Limited Liability Partnership files a trademark application, the application must be filed in the name of the LLP. As an incorporated entity, an LLP has its own identity. As a result, the Partner cannot be the applicant alone, as an LLP must own the Trademark.
Native Company (Indian Company)
If a private limited business, a one-person company, or a limited company applies for a trademark, the application must be filed in the entity’s name. Because a corporation, unlike its directors, has its own identity. A company director cannot be the applicant; however, the application can be signed and filed by the Director or any officer authorized by the company.
Foreign Company
If a foreign incorporated firm files a trademark application in India, it must do so in its corporate name, as it is registered in the foreign nation. It is necessary to identify the kind of registration, the country of incorporation, and the statute under which the business is established. If the foreign firm does not have a significant place of business in India, the application should provide the applicant’s address for service in India.
Society or a Trust
Trustor Society organizations are those founded with the goal of providing social benefit rather than profit. If a trust is established based on a formal agreement in which a beneficiary retains the property and names trustees to manage the assets and activities, it is known as a trust. If a group of people get together for a common goal, it can be recognized as a society.
Both Trusts and Societies are allowed to register trademarks as long as they are done on behalf of the Trust or Society. The Chairman, Managing Trustee, and Secretary’s names are included in the application.
Documents for Trademark Registration
Documents required for Trademark Registration
Individuals & Sole Proprietorship
- Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Company
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Other Applicants
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Procedure of Trademark Registration
Step 1: Trademark Search
TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.
Step 2: Filing Trademark Application
After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same. The first step is to file a trademark application at the Trademark Registry India. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
Step 3: Examination
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or response to the objections.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
Step 4: Publication
The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Step 5: Registration Certificate
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Renewal
The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
Benefits of Trademark Registration
- Exclusive trademark rights
- Builds customer loyalty and goodwill
- Protection against trademark infringement
- Creation of a valuable asset
- Differentiates your product or service
- Trademark protection for 10 years at minimal cost
Frequently Asked Question
GST Registration of a business with the tax authorities implies obtaining a unique, 15-digit Goods and Service Tax Identification Number (GSTIN) from the GST authorities so that all the operations of and the data relating to the business can be collected and correlated. In any tax system this is the most fundamental requirement for identification of the business for tax purposes or for having any compliance verification program.
Registration under Goods and Services Tax (GST) regime will confer the following advantages to a business:
- Legally recognised as supplier of goods or services.
Proper accounting of taxes paid on the input goods or services which can be utilised for payment of GST due on supply of goods and/or services by the business. - Pass on the credit of the taxes paid on the goods and/or services supplied to purchasers or recipients.
- Authorization to a taxpayer to collect tax on behalf of the Government.
Registration under the GST Act is mandatory if your aggregate annual PAN-based turnover exceeds INR 20,00,000 (Rupees Twenty Lakhs) however the threshold for registration is INR 10,00,000 (Rupees Ten Lakhs) if you have a place of business in Arunachal Pradesh, Assam, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, or Uttarakhand. Regardless of your turnover, registration is mandatory if
– You make Inter-State Supplies
– You supply goods through an E-commerce portal
– You are a/an
- Service Provider
- Agent for Registered Principal Liable to Pay Reverse Charge
- Non-resident Taxable Person
- Casual Taxable Person
- Input Service Distributor
- TDS/TCS Deductor
- E-commerce Operator
- An online data access and retrieval service provider