Trademark Registration
Trademark registration is the legal process that gives an exclusive right to use a particular word, phrase, logo, symbol or design to an enterprise or an individual to distinguish their goods or services from other similar goods or services in the market. Administering this process is done under the Trade Marks Act, 1999, a well-structured legislation providing trademark registration and protection in India.
As per the provisions of the Trade Marks Act, Section 18, any person who believes that a particular trademark is being used or will be used in any manner by them can initiate the registration process. The registration process remains as the one that has the applicant fill in a form that goes to the Trademark Registry, which analyzes it for compliance with the Act and the rules.
In CompRegi, trademark name registration is essential for businesses to protect their brand identity and intellectual property. Our team of professionals will be happy to help you through all the process stages, from the legal part that requires compliance with the procedure to registering the trademark.
Trademark Registration Process
Step 1: Documents Arrangement
Our team helps you with all the necessary documents and makes sure to get it collected at once for a hustle free journey ahead.
Step 2: Application Filing
With all the documents we start the online filing process and once completed you can start using the trademark for your company.
What do you get
Trademark Registration Certificate
Officially validating your logo and trademarks.
Trademark Registration Cost
We at Compregi believe in complete transparency in the complete registration process of your company. Below mentioned cost structure includes minimal fee required at multiple stages of registration.
MSME REGISTRATION
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499/-
- Free Consultancy
- Free Search Check
- Preview before Filing
TRADEMARK REGISTRATION
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6500/-
- Free Consultancy
- Free Search Check
- Preview before Filing
- 100% Peace of Mind
PF-ESI REGISTRATION
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2999/-
- Free Consultancy
- Free Search Check
- Preview before Filing
Why Choose Compregi?
The Experts and professionals at Compregi help you with all the process, right from opening a bank account for your company to legally getting your business started. We believe in complete transparency in all the processes and keep you updated with each ongoing step. We value your time and ensure you with the complete registration process within the promised time period. So join us for a seamless registration and endless possibilities for your business.
What does the term "Trademark" refer to?
A trademark is a distinctive sign or indicator that an individual or organization uses as a label to distinguish their goods or services from those of similar or related nature in the market. It can be a word, a group of words, a particular sign, a design, or an amalgam of these units.
What are the Trademark registration types and classes in India?
In India, trademark registration is performed by the International Nice Agreement and classification of Goods and Services. The entire system has 45 classes, which describe goods with classes 1 to 34 and services with classes 35 to 45. Some of the key classes include:
- Class 1: The chemicals used in industry, science, and agriculture are some of the major causes of water pollution.
- Class 3: Detergents and cosmetics.
- Class 5: Medicines and animal medicines are the most widely used products.
- Class 9: Specifically, the instruments which are used for purposes of science, nautics, surveying, and the electrical field.
- Class 11: Devices for lighting, gas, and steam providing, cooking, and refrigerating.
- Class 16: Paper, cardboard, and products made from office articles and stationery.
- Class 25: The wear, the footwear, and headwear.
- Class 29: Meat, fish, poultry, and game may be preserved, frozen, dried, or cooked to avoid spoilage while preserving the nutrients.
- Class 30: Caffeine, milk and sugar products, cocoa, rice, flour, and cereal-based preparations.
- Class 35: Individuals who want to work in sales, management, business administration, or office occupations.
- Class 36: Insurance, finance, currency, and property.
- Class 41: Education, the giving of training, and cultural and sporting activities are all an important part of it.
- Class 42: The most popular are scientific and technological services, designing, and developing computer hardware and software.
- Class 44: Medical, veterinary, hygienic and beauty services for the community or animals.
CompRegi professionals have many years of experience identifying the proper trademark class(es) for your goods or services and can guarantee that they will work thoroughly to shield your brand.
Who is eligible to apply for trademark registration?
The following entities are eligible to apply for trademark registration in India:
An individual: To apply for a trademark, a person may apply a symbol or word that he/she plans to use even without carrying out any activity in his/her business.
Joint Owners: Joint owners in a business can apply together for a trademark, the applicant list of which should contain the names of all partners.
Proprietorship Firm: The application should be made in the name of the proprietorship firm’s owner, not the business name.
Partnership Firm: The application must include the names of all partners (up to 10) and the guardians of any minor partners.
Limited Liability Partnership (LLP): The formation of an LLP is governed by the provisions of the LLP Act, which is operated in the name of the LLP.
Indian Company: The application is to be filed in the company’s name, with a board resolution as the backing authority.
Foreign Company: A foreign company can intail to apply for trademark registration in India under section 9 of the Trade Marks Act and rules.
Trust or Society: The application should be made in the name of the trust or society name of society, with the relevant registration documents.
What are the documents required for Trademark registration in India
Documents required for Trademark registration in India:
- Address proof and ID proof of the individual or the proprietor in case of the sole proprietor.
- Udyog Aadhar Registration Certificate
- Copy of logo optional
- Signed form-48
- Partnership Agreement or Incorporation Agreement
- Signatory’s address proof and ID proof in case of partnership/companies/LLP.
- PAN & Passport
What is the process of Trademark Registration in India?
The trademark registration process in India involves the following steps:
Step 1: Trademark Classification
The first step will be to find the proper class(es) suitable for goods and/or service that will be listed under the Nice Classification system.
Step 2: Trademark Search
While searching the TM Registry database, checking the proposed mark's distinctiveness and dissimilarity to the existing registered or pending trademarks are the primary steps.
Step 3: Trademark Application Filing
The trademark application form (Form TM-A) is submitted to the Registry, together with the necessary records and fees.
Step 4: Trademark Fees Payment
'The required fees for the trademark registration are paid. However, the price depends on the number of classes involved and the type of applicant (either individual, small enterprise, company, etc.)
Step 5: Trademark Examination
'The required fees for the trademark registration are paid. However, the price depends on the number of classes involved and the type of applicant (either individual, small enterprise, company, etc.)
Step 6: Replying to Objections
If objections are raised, the objector must respond to them within the set time, providing the necessary clarifications, if needed or amendments.
Step 7: Trademark Publication
If the registration is deemed fit, the trademark is published in the Trademark Journal, wherein any third-party opposition to the registration must be submitted within four months.
Step 8: Settlement of Third-Party Opposition
Third-party oppositions are taken into consideration and resolved through evidence, hearings, and court processes.
Step 9: Trademark Certification Granted
If no opposition petition are filed or if the opposition petitions are all resolved in the applicant's favor, the trademark registration takes place and a certificate of registration is issued.
Step 10: Trademark Renewal
The mark registration remains valid for 10 years starting from the date of application, and such can be renewed by making a renewal application after paying the prescribed fees for 10 years intervals.
CompRegi professionals have many years of experience identifying the proper trademark class(es) for your goods or services and can guarantee that they will work thoroughly to shield your brand.
FAQs
What is the duration of trademark registration process in India?
Registering trademarks in India usually takes 12 to 18 months but can go beyond this period if objections or opposition exist. However, the actual time may fluctuate due to the case complexity and trademark office working pressure.
Does it matter to run the trademark search before filing an application?
Though not compulsory, it would be highly advisable to carry out a trademark search to prevent conflicts with registered trademarks and ensure a smooth registration process. An extensive search reveals any imminent marks that are similar or completely identical and may create problems during the registration process.
Is it possible to file a trademark in several classes?
Certainly, a trademark is registered in several classes while it extends from one category to another under the Nice Classification system. A separate application, including fees, is required for each class.
Can a trademark registration in India be renewed after its expiry?
Indeed, trademark registration in india can be renewed after expiry as well. The Trade Marks Act provides a 6-month grace period after the expiry date to renew the registration and pay the prescribed fees and a heavy fine.