Trademark Registration

What is Trademark Registration?

A trademark is a unique identification marker that separates a product or service from other potential competitors in the market and protects its unique identity by providing it a legal status. It contains logos, symbols, designs, taglines or other unique features of a brand that separates it from others and helps in its recognition instantly. Trademarks provide legal protection for a period of ten years and can be renewed accordingly. In India trademarks can be registered by an individual, firms, companies etc. Trademark not only provides legal protection but also helps in image building of the brand.

What are the Rules for Registering a Trademark?

Trademarks in India are governed by the Trademark Act 1999. It is considered an intellectual property. It is in line with TRIPS (Trade-related aspects of intellectual property rights) obligation recommended by the World Trade Organization. The aim of the Trademark Act is to grant protection to the users of trademark, direct the conditions on the property and also provide legal remedies for the implementation of trademark rights. The rules and regulations related to trademark act 1999 are implemented by the trademark registry. 

The Trademark Act, 1999 also gives the right to the police to arrest the offender in cases of infringement of the trademark. The Act gives a complete definition for the term infringement which is frequently used. It provides for punishments and penalties for the offenders. It also increases the time duration of registration and also registration of a non-traditional trademark.

Who is Eligible for a Trademark?

To register a trademark one must have a unique brand in his/her ownership which he/she wants to register. Upon registration a trademark is provided for a period of 10 years, after expiry of which it can be registered again for ten years. Below is given a step by step guide for trademark registration:

• Choice of trademark
• Mark search
• Identification of trademark class
• Documents required

What are the Types of Trademark Registration?

In India trademarks are provided according to the class of products and services. This is called trademark class. In total there are 45 trademark classes in which trademark can be obtained. Class 1-34 are for goods and class 34-45 are for services. This trademark class needs to be picked carefully. If a business operates under various categories, all classes need to be applied.

Some major classes of trademark are given below:

• Class 9: This consists of computer software
• Class 11: This mainly consists of appliances like refrigerators and ACs. 
• Class 14: This consists of gemstones, pearls, watches, precious metals and jewellery. 
• Class 25: This includes clothing and footwear
• Class 29: This consists of food items like meat, dairy, oils, processed fruits and vegetables etc
• Class 35: This includes advertising, PR, accounting, hotel management etc.
• Class 36: This contains services like insurance, finance and real estate.
• Class 37: This contains services like construction and shipping.
• Class 38: This contains services like telecom and broadcasting.

What Documents Required for Trademark?

The following documents are needed for trademark registration:

• Aadhar card
• Pan card
• GST registration certificate 
• MSME certificate
• Signed copy of form 48
• Partnership deed if applicable
• Incorporation certificate

Apart from these certain details are also required like 

• Name of Applicant
• Type of Business
• Address of business 
• Brand/Slogan/Logo name
• Registration address 

What is Trademark Registration Process?

Registering a trademark in India is a tiresome process which requires a lot of processes, documentation and follow up. One must be well aware of the legalities, documents needed and due process before applying. It is advised that you must take the services of a professional company like Apka Tax who specializes in these kinds of services and have a proven track record of commendable work which may assist you well in obtaining your trademark without the fear of your application getting rejected. Normally the registration process involves following processes:

• Trademark Search: Once the necessary documents are made available a trademark search is done on the trademark database to check availability of the desired name. 
• Class Selection: Upon availability of the requested brand name, a class selection is made according to the product or services offered. Sometimes a product falls under multiple classes, which needs to be selected accordingly. 
• Uploading of Documents: After selection is done, you can start uploading documents. It is a crucial process and prior scrutiny of the documents needs to be done before uploading them. 
• Filing of Application Form: Application form can be downloaded and filled from here. You can fill and submit the form either in offline or online mode. 
• Trademark Objection: In some cases, the examiner might need more clarifications before issuing a trademark certificate. In this case he will issue a Trademark Objection certificate which needs to be responded to within 30 days. Our team can prepare a strong reply to the notice within days which shall defend your application and help it in getting processed easily. 
• Trademark Opposition: It is a process when some third party opposes your application through legal channels. It is filed when they think that your application may harm or infringe their existing trademark or work. In this case they file a notice with the trademark examiner. If he finds any merit in the opposition, he issues notice to the applicant who is required to file a counter statement within two months. If the registrar feels that the issues have been addressed substantially by the applicant, he may dismiss the opposition. On the contrary if he finds weight in the opposition's objection he may call a hearing with both parties appearing before him. On the merits of the evidence presented before him, he may pass an order to either grant or dismiss the trademark. His decision can be appealed before the Intellectual Property Appellate Board within 3 months of its publishing. 

What is Trademark Registration Validity?

In India a trademark is valid for a period of 10 years from the date of filing. It can be renewed every 10 years for an infinite number of times. 

How Can ApkaTax Assist You?

What is the Trademark Registration Fees?

Are you looking for Trademark Registration Fees then here the details for you. The Trademark Registration cost start from ₹7000 to ₹25000 along with Government Fee ₹5000 and Professional Fee ₹2000.

FAQs