Who can all apply for a Trademark?

In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.

A trademark application can be made by:

Private firms
Individuals
Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
NGO’s

Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.

Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, the name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.

What is included in our Package?

Consultation

Application Preparation

Name search & approval

Application Filing

Same day Filing

Government Fees

Advantages of Trademark Registration

Excellent Business Opportunity

A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.

Legal Protection

A registered trademark owner has the legal right in case of infringement i.e. you have a doubt that your trademark is copied by someone else, then you can sue them for copying your logo, brand, name, or slogan.

Get Unique Identity

Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.

Global Filling of Trademark

A trademark that is registered and filed in India is permitted to be filed in other countries (outside India as well). Moreover, foreigners can also get a trademark registered and filed in India.

Creation of intangible asset

The trademark can be a valuable asset in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is an intellectual property for the organization.

Infringement protection

Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask for legal protection upon the act and even sue the person or the company who made a false usage of the trademark.

Exclusive rights

The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.

Applying the registered symbol

The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person

Differentiating products

Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.

Promotes Goods and Services

Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it plays a crucial role in promoting and enhancing the brand value.

Protect the Commercial Goodwill

A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement

Advertising sales

The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.

Steps In Trademark Application

Step 1 : Trademark search (1 day)

LegalRaasta checks trademark availability or checks brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark.

Step 2 : Create trademark application (1 day)

Once we ensure that your chosen name or design is available & exclusive, we will send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers the authority to file a trademark application on your behalf.

Step 3 : Trademark application submission (1 day)

Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.

Step 4: Trademark registration (1.5 years)

Once a trademark application is complete, your application will be verified by the trademark office. The government can also raise an objection on if your name is similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademark journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

Step 5: Hearing before Registrar

If the object has been filed on your trademark and the opposition doesn’t agree with your response, then a hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.

Trademark Objected

If a Trademark is registered and the status is shown as “Objected” this indicates that the authority has received 1 or more objections on the trademark, this can be because of duplication of existing registered trademarks or else the trademark will be offensive even there are various other reasons for trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you are required to give proper evidence and prove distinctive of your Trademark.

In Section 11 the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When the objection is done, the candidate is required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.

Trademark Renewal

Just applying for trademark registration won’t work for the long-term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.

Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have the seamless protection of the trademark without any chances of litigation.

Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal points to a lapse of legal protection in Brand name.
Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.

Renewal Process and Forms

The application of renewal is done in form TM-12
The application can be executed by either the registered owner of the trademark or an agent approved by him.
You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.

Validity of a Registered Trademark

Once a trademark application is registered in the TradeMark office or online, the candidate can begin applying the TM symbol on products or services, and if the trademark is registered, then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.

At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.

An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.

Important things know about the Online Trademark Registration

Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.

VIENNA codification process

In the trademark process, Vienna codification is a significant step. It is an international classification that is provided once you fill the application form. At this point, your application for registration will be expressed as – Sent for Vienna codification.

Examination of Trademark

After the trademark application is provided for the Vienna classification, the trademark will be considered by the Trademark officer following specific guidelines and procedures. The officer may accept or deny the application as per his/her choice.

Hearing before Trademark registrar or officer

If the trademark application is denied, the candidate can go for a hearing. If the officer is satisfied with the given documents then the application will be transferred. If the officer is not satisfied, once again the application gets denied. If he/she is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be reached.

General Trademark Protection Solution

We offer a complete suite of solutions for the protection of your trademark in India. Before application of the mark and post-application of the trademark, “LegalRaasta” will assist you with consultation on protecting your trademark. But, please note that the final authority for registration of a trademark is held only by the Trademark Registrar, and “LegalRaasta” or its Employees can at no-stage guarantee registration of a trademark.

Trademark Search

Before applying for a trademark, we can assist you to do a trademark search. Under the Trade Marks Act, the same or related trademarks cannot be registered. It is simple to learn an identical trademark from a trademark search. Though, the test for connection is applied by a Trademark Examiner on a case to case basis. So, “LegalRaasta” or its employees cannot predict which trademark applications will be disapproved.

Trademark Objection

In case a trademark application is disapproved by the Trademark Examiner, a reply can be submitted to the objection proposed, by the candidate with facts and points supporting the registration of the trademark. Based on the reply, the Examiner can call for a hearing or allow the trademark filing to continue or refuse the trademark application

Trademark Opposition

Before the trademark registration process is complete, the Trademark Registrar will publish the trademark to be registered in the Trademark Journal along with this, he will allow 90 days for any person to raise opposition.

Certificate of Registration

When you have passed all these stages, and your application is approved, then you can start using the ® symbol which means that the Trademark has been registered. The entire procedure depends on the government which may take 1-2 years.

Infringement trademark

It is illegal to use an already registered trademark. In case any individual is found practicing it, he/she will get a notice to cease the use of that Trademark.

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Clients

Trademark Registration in States

Frequently Asked Questions

The Trademark Registration is the registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to evade duplication within the trademarks.

The easiest way to get trademark registration done, involves the first step as “selecting a name then doing a trademark search, after that filing an application for the trademark registration”. Then filing the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.

Starting At: Rs.1,499 + Govt. Fees

The process to get trademark registration is as follows:- Step 1: The first step is the choice of a trademark. Step 2: The applicant must search the trademark records registry and assure that the proposed trademark does not match or is similar to an already registered trademark. Step 3: The search can be done online or by the trademark office. Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.

Every applicant including corporations will have to give the following documents to get a trademark registered. Address proof of the person or company registering for the trademark, a copy of the logo, certificate of partnership deed, and ID proof of the person registering a trademark.

Trademark infringement is the illegal use of a trademark or service mark linked to goods and services.

Trademark registrations are unique to the goods or services they describe. The registrations can be product or service-specific. Also, they are made under a Class of goods or services it signifies. The trademark registration will, hence, be valid for the whole class of goods or services it describes.

Yes, the authorities mandate it for applicants to check all the documents they submit including the application for trademark registration applying a Class III Digital signature. Our experts will help you e-verify all the documents correctly.

The registered trademark is valid for only 10 years from the date of filing of an application. After that one needs to apply for trademark renewal.

Symbol “TM” can be applied after filing of a trademark application. After registering a trademark a symbol “R” must be used. The ® symbol may only be used in connection with the goods and services mentioned on the registration certificate.

Anyone can apply for trademark registration in India, any individual, a foreign company, society or trust, partnership firm, LLP or private limited company, etc. anyone can apply.

The trademark application can be filed as a multiclass application or as a separate single class.

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those class/classes only.

It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.

After the application is registered with the government, a TM number is assigned by trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.

A trademark is an intellectual property that is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs, or even software.

You need to produce identity proof in case of trademark registration in India. (in case of individuality).While on another hand you need to produce company incorporation documents if the entity is a company.

No! The registered trademark under Trademark Act,2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.

Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.

“Trademark Registration” in India is done by “LegalRaasta” which provides trademark application services across India in all cities. We have done trademark registration in Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmadabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur, and other Indian cities.

To understand the trademark name search, you can kindly refer to this link https://www.legalraasta.com/blog/check-trademark-application-status/. Legalraasta also acts as a trademark checker to help their customers to create a unique logo for themselves. SO, you can easily register a logo and get your TM number online.

The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. The trademark would be registered under those classes only. When doing a trademark search you should only be worried if a trademark with a similar name exists in the same class. For example, if you are an IT provider by name of ComSys, you will get your trademark if someone else has registered the same trademark in some other class.

Classes	Description	Classes	Description	Classes	Description
Class 1	Chemicals	Class 16	Stationery & Paper Goods	Class 31	Fresh Fruits & Vegetables
Class 2	Paints, Coatings	Class 17	Rubber Products	Class 32	Beer & Beverages
Class 3	Cleaning Products	Class 18	Leather Goods	Class 33	Alcoholic Beverages
Class 4	Fuels, Industrial Oils	Class 19	Building Material	Class 34	Tobacco Products
Class 5	Veterinary Products	Class 20	Furniture	Class 35	Advertising & Business Services
Class 6	Metals, metal castings	Class 21	Crockery	Class 36	Insurance & Financial Services
Class 7	Machines and Machine Tools	Class 22	Ropes	Class 37	Construction & Repair Services
Class 8	Hand Tools and implements	Class 23	Yarns & Threads	Class 38	Telecommunications Services
Class 9	Computers & Scientific Devices	Class 24	Fabrics	Class 39	Shipping & Travel Services
Class 10	Surgical Instruments	Class 25	Clothing,Footwear & Headgear	Class 40	Treatment of Materials Services
Class 11	Appliances	Class 26	Lace & Embroidery	Class 41	Education & Entertainment Services
Class 12	Vehicles	Class 27	Carpets	Class 42	Science &Technology Services
Class 13	Firearms	Class 28	Games & Toys	Class 43	Food Services
Class 14	Jewellery	Class 29	Meat Extracts	Class 44	Medical & Veterinary Services
Class 15	Musical Instruments	Class 30	Coffee & Rice Products	Class 45	Legal & Security Services

Trademark Registration

File trademark to protect your brand name/logo

Apply Your Trademark Now!

Procedure For Trademark Registration

Complete our trademark Form

Conduct your trademark search

Select Appropriate Class

Trademark Application filed

Trademark registration completed

Call Us For Quote

+918750008585

Trademark Registration

Documents needed for Trademark Registration

Notes

What can be Registered as a Trademark?

Who can all apply for a Trademark?

What is included in our Package?

Advantages of Trademark Registration

Excellent Business Opportunity

Legal Protection

Get Unique Identity

Global Filling of Trademark

Creation of intangible asset

Infringement protection

Exclusive rights

Applying the registered symbol

Differentiating products

Promotes Goods and Services

Protect the Commercial Goodwill

Advertising sales

Steps In Trademark Application

Step 1 : Trademark search (1 day)

Step 2 : Create trademark application (1 day)

Step 3 : Trademark application submission (1 day)

Step 4: Trademark registration (1.5 years)

Step 5: Hearing before Registrar

Trademark Objected

Trademark Renewal

Renewal Process and Forms

Validity of a Registered Trademark

Important things know about the Online Trademark Registration

VIENNA codification process

Examination of Trademark

Hearing before Trademark registrar or officer

General Trademark Protection Solution

Trademark Search

Trademark Objection

Trademark Opposition

Certificate of Registration

Infringement trademark

Why Choose Legal Raasta

Clients

Trademark Registration in States

Frequently Asked Questions

1. What is Trademark Registration?

2. How to get Trademark registration done?

3.How much does it cost to get trademark registration done?

4. What is the process to get trademark registration?

5. What are the documents required to get the trademark registered?

6. What is a trademark infringement?

7. Is trademark registration valid for all types of services and goods?

8. Is there any relevance of Digital Signature in Trademark registration?

9. What is the validity for trademark registration?

10. When can i use symbol R or TM?

11. Who can apply for trademark registration in India?

12. Can an application be registered in more than one class for the same trademark?

13.What is trademark class?

14. What is the validity of a Trademark?

15. When can i use TM with my Trademark?

16. What is the difference between Trademark and Copyright?

17. What are the documents required for Trademark Registration in India?

18. Will my Trademark Registry be valid across the world?

19. If my Company Name is already registered under the Companies Act, do I still need trademark registration for my Company Name?

20. In which cites does LegalRaasta provide Trademark registration services?

21. How to check Trademark avaibility?

22. What are the different Trademark classes?

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