A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid.

A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.

Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark for filing the trademark application on his/her behalf. Identity Proof of the individual or Proprietor- The name, address, and nationality of the applicant. Address Proof of the individual or Proprietor- Copy of Aadhaar or PAN or Passport.

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India. Signed Form-48. Incorporation Certificate or Partnership Deed. Identity Proof of Signatory.

8 to 24 months
The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months.

Once registered, a trademark is protected for 10 years starting from the registration date, assuming that the trademark is not subsequently invalidated or cancelled. Protection can be renewed for further 10-year periods.

The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

The 4 Categories of Trademarks

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of: 10,000 rupees if done by a person physically, or an additional 9000 rupees if done online.

. India: Process: Trademark Registration In India

  • Trademark Registration Process:
  • Step 1: Trademark Search.
  • Step 2: Filing Trademark Application.
  • Step 3: Examination.
  • Step 4: Publication.
  • Step 5: Registration Certificate.
  • Step 6: Renewal

Reduction of 50% government fees for patent and trademark application using MSME / SSI / Udyog Aadhaar Registration Certificate. Enterprises that have MSME registration can enjoy Direct Tax Exemption in the initial year of business, as mention in the scheme by Government and depending on business activity.

Trademark objection is the initial stage of trademark registration, where the trademark registrar might cancel or object to a trademark for a valid reason. So, if your trademark is objected, then an examination report will be issued.

Total Cost for Trademark (TM) Objection Filing

ItemsPrice
TM Attorney Fee1,500
Professional Fee519
GST381
Total Trademark Objection Reply Cost in India2,500

Trademark hearing is nothing but an appearance before the registrar of trademarks either in person or through trademark agent or trademark attorney for removing the objections raised under examination report issued earlier few days after Trademark Registration application.

Cost: Government fees are Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 2500/- per application per class. The Trademarks Office will first check your application to see if it’s already been taken.