Trademark Registration Process

“Whenever we explain the Trademark Registration Process to our new clients, who meets me to seek clarity on the process of trademark registration in India, and why does it is so necessary to register the brand with the registrar of the trademark. We start with an explanation of the meaning and purpose of the trademark.“

Chat with Our Experts Call: +91 9818209246

Trademark Registration

A trademark is a representation of a particular business; it can be in the form of a word, name of the company itself, a logo which that business usage, a tagline, or names of the products or services or anything through which that business is known in the marketplace. To put it simply it is something with which the origin of goods or services can be traced to the company which provides it. A trademark is a unique mark or sign that is used to represent a business which is either trading in goods or services, the marks associated with goods are known as a trademark (TM) and which is with services is known as a service mark (SM). It is used to distinctively identify a company from that of another and build its credibility among consumers. If one does not register brand name, logo or trademark, then he/she cannot stop an imitator from confusing the public by using same or similarly deceptive name or mark that results in financial and economic loss of business in long-term.

Request Quotation/ Call Back from Trademark Specialist


 Setupfiling  provides professional service for trademark registration, Logo registration and Brand Name registration for your company or products In India and worldwide. The intellectual property right (IPR) in Trademark arises with its first use in favour of the person who for the first time conceived the brand or trademark and used it. The registration of the mark under Trademark Act is a proof of prima-facie ownership in the trademarkThe trademark registration process starts with making an application in prescribed form to the registrar of trademark. Team Setupfiling assists you in filing a trademark application in India at a very nominal fee of just Rs. 2,000/-. The Government fee in case of the individual applicant is Rs. 4,500/- while for companies it is Rs. 9000/-. Registrar of trademark offices at Delhi, Kolkata, Mumbai and Chennai, are registering authorities under The Trademarks Act, 1999. The trademark rules have prescribed a proper method to seek registration of the trademark in India. Trademark Registration Process is a long and lengthy process in India, which in some cases take more than two years. However, with start-up India initiative the time taken in obtaining the registration of the trademark has come down considerably. The process of registration begins with the filing of a trademark application with the registrar of the trademark which is followed by an examination of the same by the examiner of the trademark which issues its report either accepting the application or objecting to it. The applicant must reply to the examination report within 30 days of its receipt. When the objections raised by examination report is addressed, the application is marked for advertisement in the trademark journal and if no third party opposition is received the trademark gets registered. The critical stages are filing of TM application, reply to examination report, departmental appearances, opposition proceedings, etc.

Trademark Registration process, trademark registration, trademark registration process, trademark search, registered trademark, wipo trademark search, trademark application, trademark name search, trademark a name, registered mark, trademark registration online, trademark business name, brand registration, registered logo, logo registration, eu trademark search, ip india trademark search, international trademark search, trademark registration search, trademark search online, brand name registration, tm registration, trademark my business name, registered icon, trademark company name, tm register, free trademark search, cost to trademark a name, registered trademark search, trademark renewal, file a trademark, trademark your business name, registered trademark logo, trademark brand name, ip trademark search, register brand name, trademark registration cost, trademark my name, us trademark application, indiafilings trademark search, international trademark registration, trademark name and logo, global trademark search, logo trademark registration, free trademark registration, apply for trademark online, trademark business name search, register trademark name, trademark application search, register trademark online, trademark your name, logo trademark search, brand registration search, ohim trademark search, vakilsearch trademark, register a brand, registered tm, best trademark service, trademark search worldwide, logo registration online, logo registration process, registered brand, trademark application online, world trademark search, trademark application process, quickcompany trademark search, brand registration online, register trademark india, cost to register a trademark, indiafilings trademark, procedure for registration of trademark, government trademark search, registered trademark r, eu trademark registration, trademark registration near me, brand registration process, registered r logo, benelux trademark search, trademark business, ip india trademark registration, amazon trademark registration, quickcompany trademark, quick trademark search, trademark my company name, register your trademark, german trademark search, tm name search, file a trademark name, trademark renewal online, trademark online filing, registration of trademark in india, trademark business name and logo, global trademark registration, trademark registration services, copyright and trademark registration, cost to file a trademark, company trademark registration, trademark your company name, company logo registration, registered trademark icon, trademark search gov, mark register, logo copyright registration, register my trademark, business trademark search, government registered trademark, file trademark application, free brand registration, register your brand, trademark slogan search, tm registration online, trademark your business, wipo renewal, clothing trademark search, wipo registration, wipo trademark registration, ip trademark registration, company trademark search, ipindia tm search, trademark search quickcompany, trademark registration attorney, register my logo, worldwide trademark registration, international registration, registered mark logo, trademark my business, world trademark register, trademark brand name search, trademark search services, brand trademark registration, price to trademark a name, product name registration, trademark application cost, brand trademark search, trademark word search, eu trademark register, trademarks registry website, us trademark renewal, company name trademark search, trademark name registration, trademark product name, ipindia name search, tmdn trademark search, amazon brand registry trademark, trademark registration lawyer, international trademark file, register your brand name, cheapest trademark registration, application for trademark registration, a trademark is registered with the, cleartax trademark registration, register logo and name, register your logo, trademark and logo registration, trademark a name for free, r registered mark, copyright and trademark search, trademark search indiafilings, international trademark registration process, register my brand, european trademark registration, register for a trademark, register my brand name, international trademark cost, free trademark name search, trademark registration price, register brand name and logo, trademark filing services, tess2 trademark search, register a name and logo, registered trade, trademark search vakilsearch, i want to trademark a name, copyright trademark search, brand registry search, service mark registration, register trademark worldwide, brand name registration process, trademark in business, trademark registration official website, trademark and registration, register logo copyright, trademark registrar, romarin trademark search, trademark registration free online, register clothing brand name, wipo international trademark search, international trademark application, brand name registration online, government trademark registration, brand registration cost, register r logo, msme trademark registration, trademark my brand name, business trademark registration, new trademark registration, wipo register trademark, trademark registration website, trademark website name, register us trademark, trademarking process, new trademark application, trademark renewal process, ministry of economy trademark registration, trademark ownership search, tm trademark search, register brand name online, amazon brand registry pending trademark, wipo trademark application, brand and logo registration, trademark registration renewal, register international trademark, eu trademark application, trade dress registration, trademark llc name, register trademark name and logo, apply for trademark in india, brand logo registration, trademark search cost, mark registration, international trademark protection, mark application, r logo registered, free online trademark search, dpma trademark search, trademark and registered trademark, eu trademark registration cost, international brand registration, ip india online trademark registration, chinese trade mark register, trademark agent registration, copyright registered trademark, r registration mark, amazon brand registry trademark pending, register a trademark for free, wipo romarin trademark search, us trademark registration cost, clothing brand registration, register clothing brand, eu trademark registration process, turkish trademark search, brand registration fee, brand registry amazon usa, trademark my logo and name, trademark registration steps, trademark for amazon brand registry, benelux trade mark register, boip trademark search, tm registered trademark, google trademark registration, ip india online trademark search, trademark mark search, logo trademark registration online, find trademark names, wipo trademark renewal, free trademark registration online, german trade mark register, iponline trademark search, to trademark a name, wipo international registration, trademark filing process, dti registered logo, register your trademark online, trademark registration online process, oapi trademark search, register a logo and name, trademark under registration, get trademark registered, slogan registration, logo with registered trademark, trademark my logo and business name, available trademark names, procedure for registration of trademark in india, the register logo, best website to trademark a name, international trademark registration search, trademark registration for partnership firm, renewal of trademark in india, trademark clothing search, trademark search government site, business logo registration, best trademark registration service, registrability of trademarks, best trademark registration company, trademark your brand name, logo registration cost, trademark registration government site, tagline registration, product trademark registration, best trademark name, trademark search website, tagline trademark search, trademark search attorney, brand name registration search, logo registration price, logo tm registration, amazon trademark registry, brand registry trademark, trade name registration search, logo registration search, registered tm logo, brand register usa, trademark registration cleartax, register brand usa, tm registration search, filing trademark yourself, company name trademark registration, trade mark registration bureau, file us trademark, register logo online, apply for trademark registration, startup trademark registration, trademark registration indiafilings, european trade mark register, trademark is valid for, brand name trademark registration, registered trade names, brand trademark registration online, french trade mark register, gov trademark registration, registered and unregistered trademark, unregistered trademark search, registration procedure of trademark, european brand registration, trademark registration site, a registered trademark, flipkart trademark registration, amazon trademark brand registry, file trademark for business name, trademark new registration, trademark renewal cost, wordmark registration, register copyright and trademark, community trademark application, company registration logo, trademark a name worldwide, intellectual trademark search, register a slogan, registrable and non registrable trademarks, heirlume trademark, new trademark name, trademark registration vakilsearch, trademark registered search, cipc logo registration, brand registration in amazon, trademark nonprofit name, pending trademark search, trademark registration amazon, trademark registered logo, tm registration process, best trademark names, eu brand registration, trademark indiafilings, trademark online apply, trademark registration bureau, llc trademark search, jordan trademark search, trademark and registered, trademark registration for private limited company, swiss trade mark register, register trademark r, registered brand logo, trademark registration government website, product trademark search, trademark trade name, community trademark search, global trademark registration cost, chinese trademark registration, brand name registered trademark, new trademark search, find registered trademarks, japan trademark registration, inc file trademark, online apply trademark, registering a product name, trademark agent registration online, affordable trademark registration, registered trademark agent, name copyright registration, register my brand name and logo, trademark registration agents near me, fast trademark registration, register brand trademark, apply for brand registration, non registrable trademarks, amazon trademark search, trademark registration for proprietorship, register tm online, service mark application, lawyers for trademark registration, copyright and trademark online registration, trademark registration name search, file new trademark application, expedited trademark application, process to trademark a name, company logo registration process, trademark registration for amazon, non registered trademark, international brand register, tm renewal, process of registering a trademark, amazon brand registry with pending trademark, dti trademark registration, trademark search ip, us trademark application cost, brand registered trademark, gov trademark application, apply for registered trademark, registration of brand name is, indiafilings trademark registration, buying a trademark name, logo and name registration, register your name as a trademark, trademark quickcompany, trademark registration for msme, registered mark icon, cn trademark search, company name registered trademark, brand copyright registration, registered trademark of, register trademark globally, the process of trademark registration is, government website for trademark registration, trademark for name, 44e trademark, preliminary trademark search, spanish trademark search, existing trademark search, register business name trademark, register brand logo, trademark a name online, domain name trademark search, trademark registration services near me, european brand registry, register trademark icon, trademark and brand registration, trademark name price, google registered trademark, trademark small business name, ipos trademark registration, trademark registration for company, trademark search official website, trademark registration apply online, world trademark registration, r registered trademark logo, trademark for brand name, trademark comprehensive search, file trademark india, ip india register, german trademark registration, trademark wordmark search, mca21 trademark search, spanish trade mark register, registration of trademark is not compulsory, price of trademark registration, new brand registration, copyright and registered trademark, register your logo as a trademark, registered trademark application, register a copyright name, registered trademark search worldwide, trademark logo name, register and trademark a business name, trademark company search, registered mark search, available trademark search, brand mark registration, registered brand name search, registered logo r, apply for international trademark, trademark registration ip india, trademark and registered mark, usps trademark search, dti logo registration, best website for trademark registration, trademark for logo and company name, aripo trademark search, register company trademark, register business trademark, register my name as a trademark, submit trademark application, trademark name application, trademark registration process in ipr, low cost trademark registration, community trademark registration, trademark search america, amazon registered trademark, fastest trademark registration, hmrc trademark register, legal trademark search, trademark business name free, brand name registration cost, intellectual property trademark registration, trademark registration for startups, trademark attorney registration procedure, official trademark search, find trademark registration, ontario trademark registration, trade logo registration, best company for trademark registration, iso trademark registration, trademark logo application, trademark logo registration cost, register a brand name and logo, register and trademark, company registration and trademark, name and logo registration, search brand registry, louis vuitton registered trademark, product copyright registration, trademark 10 years, company logo registered trademark, official trademark registration, trademark initial application, trademark registration with logo, logo and brand name registration, wipo brand registry, logo design trademark registration, sole proprietorship trademark registration, slogan registered trademark, offline trademark registration, trademark llc application, benelux trademark registration, best online trademark registration companies, trademark registration for sole proprietorship, trademark free registration, trademark search site, trademark is registered, brand name and logo registration, trademark laws for names, russian federation trademark search, europa trademark search, search available trademark names, registered mark on logo, trademark filing search, brand name not registered, ir trademark search, register my trademark for free, trademark registration for individual, trademark registration in hindi, register business name and logo, trademark registration justdial, ip brand name registration, msme registration logo, trademark copyright registration, registered clothing brands, trademark to registered, cost of trademark in india, mark register logo, mass trademark search, register trademark price, register my clothing brand name, trademark registration process in hindi, trademark search and registration, register brand online, trade trademark search, trademark registration official site, cost of trademarking a name and logo, file your own trademark, the cost to trademark a name, apply for trademark registration online, register my logo trademarked, cara register trademark, trademark similarity search, for registration logo, register trademark for amazon, trademark domain name search, international business name registration, trademark not registered, bulk trademark search, companies house trademark search, register a mark, trademark registry dwarka, brand register process, msme registered logo, wipo global trademark search, trademark for online business, register trademark with google, trademark logo and brand name, register and trademark logo and name, trademark new application, trademark product name search, file trademark name and logo, russian trademark register, self trademark registration, brand registry gov, file a trademark for free, trademark quick search, trademark registration mark, trademark application service, trademark filing procedure, brand registration price, trademark registration lawyers near me, registered trademark attorney, trademark registration online official website, brand registration government site, file trademark application online, online logo registration free, trademark renewal application, opposing trademark registration, trademark and company name, worldwide trademark registration cost, register a company logo, registered trademark name search, tm register search, trademark for partnership firm, trademark registration for llp, file us trademark application, trademark application lawyer, trademark registration online procedure, trademark registration of logo, online filing trademark, trademark registration advocates, steps for registration of trademark,

Trademark Registration Process in India

There are 45 Classes in which a trademark application can be filed for registration. Class 1 to 34 pertains to goods and classes 35 to 45 for services. The protection to the owner of marks is provided based on the goods or services in which the trademark is being used. The first step shall be to see the classes in which a particular trademark falls. Team Setupfiling is available to assist you in finding classes for your goods or services. In case the items for which trademark is being filed falls under more than one class then separate application to be filed for each such class.

As explained earlier the ownership right in trademark arises with its first usage, in the trademark application the user ship date of the mark is required to be mentioned specifically. The date field in the form is considered as an admitted fact before the courts hence care must be taken while determining the date of user-ship. Any documentary proof adds immense value, and it can be in the form of a contract, email, invoice, proposal, presentation, catalogue or any publication where the trademark was put to use for the first time. In case a mark has been put to use on the different date concerning various goods or services then, in that case, a separate application must be filed concerning each such goods for which the user-ship date is different even if the goods fall under the same class. If the trademark has not been put to use, then an application can be filed by mentioning “proposed to be used” under user date column.

A Proper description of the mark in application plays a very significant role in its registration process as well as in the case of litigation for enforcement of rights, as the exclusive right of usage of the trademark is granted only for the goods or services which have been specifically mentioned in the mark description. The description must contain only those items in which the trademark is being used as of now as it shall be required to be proved during the registration process through documentary evidence. In case description of the trademark is such which covers more than one class then the description must be segregated in two paragraphs pertaining each to specific goods of a particular class. Needless to say, a separate application must be filed to cover each such description of the trademark is relevant class.

A trademark to be registered must qualify to be registered as per the trademark law. The first condition is that it must be a mark which is not in the category of marks which can not be registered under trademark Act, 1999. The names of individuals, city, bird or animal, color, natural substance, slang, immoral words, etc. or the marks which denote quality or quantity of goods or services cannot be registered. The second condition is that the proposed trademark must not be same or similar to an already registered trademark in India. The registrar of trademark maintains an electronic record of the trademark which is available for public search wherein an already registered trademark or a trademark which is pending its registration can be searched class wise. Before filing the trademark application, a search must be conducted so that efforts and money do not get wasted on a trademark which does not belong to the applicant. The search can be performed at www.ipindia.gov.in, the website, before the filing of the trademark application.

An entrepreneur invests an enormous amount of money in developing a brand, and it is always a wise thing to evaluate the feasibility of brand registration first. It is always good to seek an attorney opinion on the possibility of trademark registration. An attorney report to some extent indicates the probable outcome of the trademark application.

To file a trademark application, a trademark attorney is appointed through a form TM-48, which is in the form a power of attorney for the limited purpose of filing the trademark application and to deal with the registrar of the trademark for and on behalf of the applicant. In the case of the proprietor, the form should be signed by the proprietor. In the event of partnership firm by any partner and in the case of LLP any designated partner can sign. In the case of a company being the applicant, the TM-48 can be signed by a director who has been expressly authorised by its board of director for this purpose. Proper stamp duty must be paid on execution of Form TM-48, which for most of the states is fixed at Rs. 100.

After the appointment of an attorney to file a trademark application, the applicant must furnish all relevant information to prepare the application for trademark registration, trademark specialist team at Setupfiling have developed a simplified questionnaire to capture all necessary information in one sheet of paper.  As the application is processed based on the information furnished by the applicant in the trademark application it needs to be authenticated by way of an affidavit, as the affidavit deals with the user-ship date more specifically hence it is also known as the user-ship affidavit. In case the application for the trademark is being filed for a logo, or it is a device mark then the colour image in JPEG format is also required to be filed.

Well after the first seven steps are performed now is the time to file a trademark application, a trademark application can be filed in offline mode as well as the online mode through a trademark attorney/trademark agent. In case the application is filed online by a trademark attorney then it is signed electronically by the said attorney through his class-3 digital signature. The applications filed through online mode is live immediately after payment of government fee and same can be found in public search. The applicant can start using a symbol TM over its mark which is a symbol to depict and declare that the trademark has been claimed and filed for registration. There is a prescribed government fee for the filing of trademark, which as of now is at Rs. 4500 for start-ups, Individuals and MSME and Rs. 9000 for other categories of applicant like firm, LLP or company etc. The professional fee for filing one application under one class for trademark registration in India is Rs. 1,500 plus 18% of GST.

 

The application filed as per above step is then examined by an independent examiner appointed by the trademark office, the examiner is required under law to scrutinise the application as per trademark act 1999 and the rules made thereunder and issues an examination report. The examiner if satisfied with the application can accept the application and recommend for its publication in the trademark journal, which is a weekly e-publication by the trademark office in India. In case the examiner is not satisfied he objects the registration of application and records his objection in a report known as examination report and calls upon the applicant to file a reply to the objections raised by the examiner within a period of 30 days from the receipt of the examination report. If no reply is filed within 30 days of receipt of the examination report the application of trademark is marked as abandoned.

Trademark Registration Process The examination report is normally dispatched to the address of the applicant, however, since it is dispatched through ordinary post there is likely hood that it may not get delivered to the applicant. The applicant must remain watchful and keep track of the status of the trademark at the public search facility of trademark department. After receipt of the examination report, a suitable reply must be filed with a specific response to each objection raised by the examiner. The response must be supported by legal interpretation and authoritative judicial decisions. A specific request should be made for a personal hearing in case the registrar of trademark remain not satisfied with the reply to the examination report filed by the applicant. Please contact us for the professional and legal drafting of a reply to examination report as soon as you receive the examination report, or you come to know that the same has been issued.

As explained earlier a specific request for personal hearing must always form part of the reply to the examination report, and if such a request was there in the reply filed the registrar calls for the personal hearing of the case and intimate the date of hearing to the applicant and also display the date of hearing fixed on the website of the trademark. The applicant must attend the hearing along with its trademark attorney with proofs of ownership, user-ship date, and relevant and binding judicial pronouncements/judgement. In some cases, a written argument can also be filed along with an affidavit for final consideration of the registrar of the trademark.

After the successful resolution of Trademark Registration Process all objections raised by the examiner /Registrar, the application is advertised in the trademark journal by the registrar. In case no opposition is filed for the mark within 90 days or 120 days in the case of time extension provided to the opponent from the date of publication, the mark is registered after the refusal of opposition if any.

The last step in the Trademark registration procedure is the issuance of trademark registration certificate. which is issued in soft copy these days. the certificate of registration can be downloaded from trademark website. The trademark registration is valid for a period of ten years from the date of its application and can be further renewed for any number of times by paying the required renewal fee. The average time taken to register a trademark ranges from 9 -24 months.