Trademarks Registration for Company

Posted by Priya Malhotra on January 10th, 2020

Documents Required for Trademark Registration

  • A copy of the logo. In case of a trademark for word i.e. Word Mark, a logo is not required
  • Details like Name, Address and Nationality of the Applicant
  • Incorporation Certificate for Companies or LLP’s
  • Udyog Aadhar Registration
  • Description of goods or services that a trademark or service mark represents
  • Trademark Class under the application must be filled

Trademark Registration

A trademark is a word or a symbol which helps you protect your business identity and its products.
  • It provides legal protection against the misuse or copying of a company’s name or logo.
  • The owner receives exclusive ownership of the mark, which can be legally used in Courts.
  • Other companies cannot adopt a confusingly similar trademark claiming ignorance.

Trademark Types in India

  • Word Mark: Any name (including personal or surname of the applicant or a predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • Service Mark: An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Logos and Symbols: Devices, including fancy devices or symbols
  • The shape of goods or their packaging.
  • Series Marks:  Letters or numerals or any combination thereof.
  • Certification marks: The right to proprietorship of a trademark can be acquired through registration under the Act or by use in relation to particular goods or services.
  • Collective mark: Combination of colours or even a single colour in combination with a word or device.
  • Monograms: Marks constituting a 3-dimensional sign.
  • Sound marks: Represented in conventional notation or described in words by graphical representation.

Various signs of a trademark

The following signs depending upon the type of trademark opted for:
  • TM - The TM Symbol represents unregistered trademarks. It is used to promote or brand goods. It ensures that a trademark is an intellectual property of the owner and it cannot be copied by anyone else including your competitors. However, It is protected against a country’s geographical areas only.
  • ® Symbol – The ® symbol stands for registered trademarks. It is used to promote or brand goods while showcasing the mark as protected as intellectual property. It cannot be copied and if done so the owner is entitled to file a suit against someone who attempts to do so.
  • SM - The SM Symbol is used to represent Service Mark. It is applicable to businesses who sell services. Service Mark protects the identity/mark against copying and infringement and the owner is entitled to file a suit against someone who copies a service mark.

Trade Mark Registration Method

  •  Online - www.ipindia.nic.in
  •  Offline – The office of the Registrar of Trademarks (TMR)

 

 Trade Mark registration charges:

New Trademark Registration / Collective Mark / Certification Mark / Series of Trademarks or specification of goods included in one class eFiling: Rs 9000 Physical Filing: Rs 10,000
Individuals / Startups / Small enterprises (Normal Process) eFiling: Rs 4500 Physical Filing: Rs 5000
Individuals / Startups / Small Enterprises (Expedited process) eFiling: Rs 20,000 (Only eFiling)
Entities other than Individuals / Startups / Small enterprises (Expedited process) eFiling: Rs 40,000 (Only eFiling)
Fee for notice of opposition under Section 21(1), 64, 66, 73 Or Application for rectification of Register under Section 47 to 57, 68, 77 Or Application under Rule 99, 103, 140. eFiling: Rs 2700   Physical Filing: Rs3000
Renewal of Trademark eFiling: Rs 9000 Physical Filing: Rs. 10,000
Restoration and Renewal Under Section 25(3) and 25(4) eFiling: Rs 18000 Physical Filing: Rs 20,000
Trademark Search Certificate Normal process
  • eFiling: Rs 9000
  • Physical Filing: Rs. 10,000
  • Expedited Process
  • eFiling: Rs 30,000 (only e-filing)
 

Effect of non-registration of trademark:

If you do not obtain a trademark, copying or imitation of your brand is plausible and even the law cannot help in such cases.

 How Taxolawgy helps you get Trademark Registration?

  • Connects you with quality experts
  • Provides you with the best services at affordable prices
  • Ensures 100% Transparency; i.e. no hidden costs or additional fees
  • Maximizes ease via online services
  • Reduces service timeline through minimum paperwork

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Priya Malhotra

About the Author

Priya Malhotra
Joined: January 10th, 2020
Articles Posted: 1