Apply Trademark Registration Online

Trademark Registration - Overview

Trademark registration plays a vital role in setting your brand apart from competitors and serves as a means to identify your products and services. It can take the form of a name, slogan, logo, or even a unique number that your company utilises in association with its business name, products, or services. By securing a trademark, you establish a distinct identity that resonates with your target audience and safeguards your brand's reputation.

Registering a trademark is a process that requires time and patience. The duration of brand registration can vary, ranging from a minimum of 6 months to up to 24 months, depending on the outcome of the Examination Report. To provide you with a clearer understanding of the registration timeline, Taxtrix offers a Brand Name Search Report. This report helps you gauge the expected turnaround time for your trademark registration, ensuring you stay well- informed throughout the process.

Once your Trademark application has been processed by the government department, you can begin using the TM symbol on your mark. Once the registration certificate is issued, you can then use the ® symbol. The registered trademark is valid for a period of ten years and can be renewed after the ten-year term.

Types of Trademark symbols

There are three common types of trademark symbols:

1. ™ - The TM symbol is used to indicate an unregistered trademark. It can be used to claim rights to a trademark that is being used in connection with goods or services.
2. ® - The registered trademark symbol is used to indicate a trademark that has been officially registered with the appropriate government authority. It provides stronger legal protection and exclusive rights to the trademark owner.
3. © - The copyright symbol is used to indicate copyright protection for original works such as literary, artistic, and musical creations.

Types of trademarks that can be registered in India

A trademark is a distinctive symbol or logo that sets a product apart from others, serving as a form of intellectual property. It can encompass words, names, logos, taglines, symbols, images, or a combination of these elements. By identifying the brand owner of a particular product or service, a trademark plays a crucial role in establishing a unique identity.

Words and service marks

Words and service marks are trademarks used to identify products or services of a company or service-oriented firm, with service marks specifically indicating the services provided.

Shape marks

Shape marks are trademarks representing the shape or packaging of a product, distinguishing it from others based on its unique shape and appearance.

Logos and symbols

Logos and symbols are visual representations, such as printed designs, figures, or characters, that depict the name of a company, its services, or the name of its products.

Collective marks

Collective Marks are valuable trademarks owned by companies or associations, used to signify their organisational origin.

Example: The "Fair Trade Certified" logo distinguishes products that adhere to fair trade practices, ensuring fair wages and improved livelihoods for farmers while promoting environmental sustainability.

Series Marks

Series marks, also known as a sequence of trademarks, consist of multiple marks sharing a common prefix or suffix. Although a relatively new concept, the Trademarks Act of 1999 provides guidelines for their registration and protection.

Certification mark

Registered as a certification mark, this mark ensures compliance with local standards. It can only be used by authorised users, and certification bodies are prohibited from using it for themselves, maintaining neutrality.

Trademark Registration Fee

Government fees included in the registration process:

Type of Application	Government Fee (Individual/Proprietorship)	Government Fee (Company)
Online Application	₹4,500/-	₹9,000/-
Physical Application	₹5,000/-	₹10,000/-
E-filing (Renewal)	₹9,000/-	₹10,000/-
Physical Filing (Renewal)	₹10,000/-	₹10,000/-
Trademark Search Report	₹2,000/-	₹2,000/-

Note: Fees may vary according to the latest amendments in the Government Acts. It is advisable to reach out to a professional service provider before executing any application process.

Types of trademark registration fees

Government fee: Trademark registration fees can vary depending on factors such as jurisdiction and application type. One of the key components of the overall cost is the government fee. For example, individuals or proprietorships applying for a trademark online may incur a government fee of ₹4,500/-. On the other hand, companies applying online would be required to pay ₹9,000/-.

Attorney Fee or Professional fee: When seeking professional support for trademark registration, the cost of an attorney may vary significantly based on factors such as the complexity of the application, jurisdiction, the attorney's expertise and experience, and the level of time commitment required. It is recommended to engage an attorney's services during the registration process to ensure adherence to relevant laws and regulations. Typically, the attorney cost for a trademark application is approximately ₹1,000/-.

Renewal cost: A trademark registration remains effective for a period of 10 years, commencing from the date of application filing. To ensure continuous usage of the trademark, it must be renewed every 10 years by submitting the renewal fee. In India, the renewal fee for physical filing amounts to ₹10,000/-, while for e-filing, it is ₹9,000/-. It is essential to make timely payment of the renewal fee to avoid the risk of removal from the trademark register. Maintaining the validity of the trademark registration relies on prompt renewal fee payment. To effectively manage trademark registration fees, it is important to understand the costs associated with the process, which can vary based on jurisdiction, application type, and other factors. Key tips for efficient fee management include conducting comprehensive searches, working with a reliable attorney, considering the type of application, adhering to renewal deadlines, and avoiding unnecessary fees. By implementing these strategies, businesses can protect their brand identity and prevent trademark infringements, ensuring a smooth and cost-effective registration process.

Benefits of Trademark

Trademark registration is very important for businesses to grow on a large scale. Few benefits of the Trademark registration are:

Legal protection: Trademark registration prevents others from using similar marks, protecting your brand identity.

Exclusivity: Registration establishes exclusivity, allowing you to differentiate your products or services from competitors.

Brand recognition: Trademark registration enhances brand recognition, making it easier to build a strong reputation.

Consumer trust: A registered trademark instils consumer trust, as it signifies a reliable and authentic source of goods or services.

Valuable assets: Registered trademarks can be licensed, franchised, or sold, adding value to your business.

Trademark - Registration Process

The trademark registration process involves the following step-by-step procedure:

Step 1 - Trademark Name Search:

Trademark search is vital for assessing registration probability. While a unique brand name is important, it doesn't guarantee registration. A thorough search helps individuals determine eligibility before applying for trademark registration.

Step 2 - Filing Trademark Application:

Once you have confirmed the non-conflicting nature of your chosen mark or logo, you can proceed with the registration process. The initial step involves filing the application with the Trademark Registry India, which can now be conveniently done online. Upon filing, you will receive an acknowledgement receipt from the official portal for future reference.

Step 3 - Verification of Application and Documents:

Following the submission of your application, it undergoes a scrutiny process conducted by an examiner designated for this purpose. The examination process usually takes approximately 12-18 months to complete. During this time, the examiner thoroughly reviews and verifies the application.

After the examination, the examiner may either accept the mark without any conditions, accept it with certain conditions, or raise objections. These outcomes determine the further course of action for the trademark registration process.

• If the trademark is accepted unconditionally, it will be published in the Trademark Journal, marking a significant step towards its registration.
• 2.If the trademark is not accepted unconditionally, the examiner will provide stipulations or cite objections in the examination report. The applicant will be given one month to meet the conditions or respond to the objections. If the examiner finds the applicant's response satisfactory, the mark will be published in the Trademark Journal.
• 3.If the response from the applicant is not accepted, they will have the opportunity to represent their case in a hearing. If the examiner is satisfied with the applicant's response, they may approve the mark and publish it in the Trademark Journal.

Step 4 - Publication of Trademark in Trademark Journal:

Publishing the mark in the trademark journal allows the authority to invite objections from third parties. If no objections are raised within the specified timeline, the authority may grant approval to proceed further. However, if objections are raised, a fair hearing will be conducted by the authority to address the concerns.

Step 5 - Grant of Trademark Registration Certificate:

Upon successful completion of the registration process, the registrar issues a registration certificate to the applicant, valid for a period of ten years. The certificate bears the official trademark office seal as confirmation of the registration.

Step 6 - Trademark Renewal:

Trademark renewal is an essential process to maintain the validity of a registered trademark. It involves extending the protection and exclusivity of the mark beyond the initial ten-year period. Trademark owners must file a renewal application and pay the required renewal fee before the expiration of the current registration. Timely renewal ensures the continuous protection of the trademark rights for an additional period of ten years.

Status of Trademark Application

Once you've applied for trademark registration, it's highly recommended to regularly check the status of your application. By using a Trademark Status Checker, you can stay informed about the different statuses your application might have. Let's take a closer look at some of these trademark application statuses:

1. Registered: When your trademark application is marked as "Registered," it signifies that your application has been approved, and the trademark is officially registered to you as the applicant.
2. Abandoned: If your application is labeled as "Abandoned," it means that you, as the applicant, have not responded to the Registrar within the specified time and format. It's important to provide timely and appropriate responses to avoid this status.
3. Marked for Exam: When your application is designated as "Marked for exam," it indicates that your trademark application has successfully passed the initial stages and has reached the third step of the registration process. It is now being reviewed by the Registrar for an examination report.
4. Objected: If your application is marked as "Objected," it means that the Registrar requires additional clarification or information regarding your trademark. An examination report will be sent to you, requesting a proper reply. Failure to respond adequately may result in the refusal of your trademark application.
5. Refused: The status "Refused" indicates that your trademark application has been declined based on the response provided to the Registrar. This means that your application did not meet the necessary requirements or address the concerns raised during the examination process.
6. Opposed: When your application is labeled as "Opposed," it means that a third party has expressed opposition to your trademark application after it was published in the Trademark Journal. This opposition will undergo further examination and consideration.