Trademark Registration
Deliverables - Documents Required - Timeline
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Deliverables
Trademark License
Licenses and Compliance Documents
Customs or Legal Documentation
Documents Required For Trademark Registration
- Power of Attorney: Authorise a representative to act on behalf of the enterprise during the registration process
- Description of Goods or Services: Clearly outline the goods or services associated with the trademark, ensuring comprehensive coverage
- Proof of Use: Submit evidence demonstrating the actual use of the trademark in business activities
- Priority Document: If applicable, furnish a priority document to establish precedence in case of disputes
- Government Fees: Fulfil the requisite fee obligations as stipulated by the government
- Specimen of the Trademark: Provide a clear representation of the trademark, ensuring it aligns with the brand’s identity
Timeline
30 Days
(from receipt of all documents)
Step 1
Submit Your Trademark Application
Step 2
Examination of the Application
Step 3
Publication in the Trademark Journal
Step 4
Trademark Certificate will be issued
Definition of "Trademark"
“Trademark as per Section 2(1)(zb) of the Indian Trade Marks Act, 1999: means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.”
Why Should One Register Trademark?
Brand Ownership
Registration is proof that you legally own the brand name/logo/tagline. It helps avoid disputes down the line.
Builds Brand Value
A registered trademark becomes a valuable business asset—it adds to your brand's goodwill and can even be licensed or sold.
Stops Copycats
You can stop competitors from using similar names, logos, or designs that might confuse your customers.
Who can Apply for Trademark Registration Online?
Brand Ownership
Registration is proof that you legally own the brand name/logo/tagline. It helps avoid disputes down the line.
Builds Brand Value
A registered trademark becomes a valuable business asset—it adds to your brand's goodwill and can even be licensed or sold.
Stops Copycats
You can stop competitors from using similar names, logos, or designs that might confuse your customers.
Who can Apply for Trademark Registration Online?
Individuals
Joint owners of a company
Proprietorship firms
Partnership firms (with a maximum of ten partners)
Limited Liability Partnerships (LLPs)
Indian companies
Foreign companies
Trusts
Societies
Types of Trademark Registrations in India
1. Product Mark (TM)
Used for: Goods or physical products.
Purpose: Identifies the source/manufacturer of a product.
Example: "Amul" for dairy products.
2. Service Mark (SM)
Used for: Services instead of goods.
Purpose: Identifies the service provider.
Example: "Airtel" for telecom services, "MakeMyTrip" for travel services.
3. Collective Mark
Used by: A group or association.
Example: "CA" mark used by members of the Institute of Chartered Accountants of India.
4. Certification Mark
Used to: Certify that a product meets specific standards (quality, origin, material, etc.).
Example: "ISI" mark for Indian Standard Institute-certified products, "FSSAI" for food safety.
5. Shape Mark
Used for: Protecting the unique shape or packaging of a product.
Example: The Coca-Cola bottle or the Toblerone chocolate shape.
6. Sound Mark
Used for: Distinctive sounds that identify a brand.
Example: The Intel startup chime, Yahoo! yodel.
7. Color Mark
Used for: Specific color or combination of colors that are distinctive to the brand.
Note: Needs to prove distinctiveness.
Example: Tiffany & Co.'s robin egg blue.
8. Pattern Mark
Used for: Specific patterns used as a branding element.
Example: A repeating logo pattern on packaging or clothing.
9. Series Mark
Used for: A series of trademarks under the same brand with minor variations.
Example: "McChicken," "McVeggie," "McSpicy" – all under the "Mc" series.
Required Documents & Details to Apply Trademark Registration
To initiate the company trademark registration online or brand name registration process in India, you will need to furnish the following initial details:
Applicant's Name: The name of the individual, company, or entity applying for the brand trademark registration.
Business Type: Specify the type of business entity, such as sole proprietorship, partnership, private limited company, etc.
Business Objectives: Provide a brief description of your business objectives or activities.
Brand/Logo/Slogan Name: Clearly mention the name, logo, or slogan that you intend to trademark.
Registration Address: Furnish the official address of the entity applying for the trademark.
In addition to these details, you will be required to submit the following documents to apply trademark registration online, or even logo trademark registration process:
Applicant Type:- Required Documents
Individuals:-PAN card,Aadhar card
Proprietorship:-GST certificate,PAN card,Aadhar card
Company:-Incorporation certificate,Company PAN card,MSME Certificate (if applicable), Logo (if applicable)
Partnership Firms:-Partnership deed,Partnership PAN card,MSME registration certificate,Logo (if applicable)
Limited Liability Partnerships (LLPs):-LLP deed,Incorporation certificate,LLP PAN card,Logo (if applicable)
"Trusts:-Trust deed,Trust PAN card,Logo (if applicable)
"
Online Trademark Registration Procedure
Step 1: Surf internet for a brand name that is “wacky-enough”
This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
Step 2: Preparing a trademark application
The following supporting documents together with the application have to be submitted for online trademark registration:-
– Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, ID proof of the proprietor viz. PAN card or Aadhaar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
– Soft copy of the trademark.
– The proof of claim (which is applicable) of the proposed mark can be used in another country.
– Power of attorney to be signed by the applicant.
Step 3: Filing the application of brand name registration
Manual Filing and e-Filing are the two different ways for filing the trademark registration application (form TM-A). If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.
But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
Step 4: Examining the process of the brand name application
Once the application is dispatched, the Registrar of Trademark will check out whether you have followed certain terms and that your brand name complies with, the existing law. Moreover, there should not be any similarity or identical with any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!
Step 5: Publication of your brand in the Indian Trade Mark Journals
After the process of examination, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 4 months from the date of publication. When there is no opposition, the Registrar of Trademark will proceed towards issuance of Trademark Registration Certificate.
Step 6: Trademark Opposition
If there is any opposition by a third party within 4 months of the trademark publication in the trademarks journal, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within 2 months of the receipt of the opposition notice. If you do not submit the counter statement within 2 months, the trademark application will be considered to have been abandoned and rejected.
However, if there is no opposition within 4 months, this step will not apply to you, and your brand name is proceeding towards acceptance for the issuance of Trademark Registration Certificate.
Step 7: Hearing on Trademark Opposition
This step will not apply to you, if there is no trademark opposition.
However, if your trademark is opposed by a third party and you send your counter-statement within 2 months, the Registrar of Trademarks will send your copy of the counter-statement to the third party opposing trademark registration.
Evidence must be submitted by you and the third party in support of your case. The Registrar will give you and the third party an opportunity of hearing after submission of evidence. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process to issue registration.
Step 8: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 4 months or on acceptance of your trademark application after trademark opposition hearing. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
How to Register a Trademark?
Registration of a trademark is done by the Registrar Office of Trade Marks. When you plan on registering a trademark there are a few steps involved.
Choosing a trademark:
Remember to choose a unique and distinctive mark which will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service.
Mark search:
Once you have chosen your mark it is advisable to conduct a trademark search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller General of Patents, Designs and Trademarks. On the website, you can find an option to do a public search. Once you click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option. Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search, they will also help you with the whole process.
Filing application:
You can file one application for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class. Filing of this form has two separate cost brackets:
Rupees 9,000 or Rupees 10,000
If you are not a start-up, small enterprise or an individual you will fall under this bracket. You have to pay rupees 9,000 for e-filing of the from or Rupees 10,000 if you file the form in person with the Office of Trade Marks.
Rupees 4,500 or Rupees 5,000
If you are an individual, small enterprise or a start-up then you fall under this bracket. Rupees 4,500 is the charge for e-filing of the form or Rupees 5,000 if you file the form physically.
While filling the form make sure not to make any mistakes, this may lead to delays or even rejection of the application. You have to fill in all the details and also add a picture of the trademark with the dimensions of 9 by 5 cms. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.
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FAQs
Under the Madrid Protocol ( the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), an international trademark application may be filed through the trademark office of the applicant. This trademark office is also known as the Office of Origin. The Office of Origin receives the application and then forwards it to the WIPO.