You need to fill our simple online trademark application form & submit documents.
To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Depending on the nature of your products, we shall suggest the appropriate class amongst the 45 classes
We create your Trademark application in 3 days and get your TM number
Your trademark is registered in 1.5-2 years, if no competitor objects to your trademark application
We can serve our clients more efficiently thanks to cutting-edge practise technology. Connect with us
A trademark is a visual symbol that can be a word, name, number, label, color combination, etc. used by a business to distinguish its services or products from other same goods or services which are made in a different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and give the trademark owner, the power to sue for losses when infringements of trademarks happen. Registered trademarks are the intellectual property of a business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registered if it is unique for the products and services you give.
Proposed trademarks that are the same or identical to an existing
registered trademark cannot be registered. Moreover, trademarks are not registerable, if it is
offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time period of another 10 years.
Trademark Registrations is done through “LegalRaasta” in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. We offer a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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
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.
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
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.
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
|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|
LegalRaasta was founded on the principle that sophisticated legal and taxation services should be simple, modern, and inexpensive. We can serve our clients more efficiently thanks to cutting-edge practise technology.