Trademark Registration in India
A trademark in India is a unique symbol/word(s) used to represent a business or its products. After trade mark registration, that same symbol/series of words cannot be used by any other organization, forever, as long as it remains in use.
Signs of a Trademark in India
® – Only trademarks in India that have been officially granted by the Trademark office can use the ® symbol, which stands for registered trademark.
Benefits of Trademark
Once a trademark in India has been granted, the owner receives three key benefits:
- A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
- A legal presumption of ownership, which can help fend off would-be users
- The exclusive right to use the claimed trademark
Trade Mark Registration process
“eTax Guru” will help you to get your Trade Mark in India.
Trade Mark Registration Documents List in India
- Name of the Individual Applicant / Company name / Firm name
- Authorized Signatory’s Name & DOB
- Authorized Signatory’s father’s name
- Authorized Signatory’s email id and contact number
- Address for registration
- Legal Status (Proprietorship / Firm / Pvt Ltd Co/ OPC / LLP)
- Name of the Brand name/ Mark
- Logo if any (JPEG format only)
- Trade description of Goods/Services (Please mention the exact goods or services to be sold / promoted under this brand name in 1 or 2 sentences)
- Date of first use of the Trade Mark by you in dd/mm/yyyy format, (If proposed to be used, kindly mention the same)
Please be aware that the Trade Mark registry may seek proof of such claimed use, failing which the TM may be rejected. Finally, in the event you seek to use the Trade Mark upon filing, please note that the Trade Mark will be filed as proposed to be used.
Government fees for Trademark Registration in India
The fee structure for filing a Trademark application in India is as below:
Registration/SSI Certificate per application, per class.
- Government Fee – Rs.4,500 for individuals, per application, per class;
- Government Fee – Rs.4,500 for Partnership firm / Company with Udhyog Aadhar Registration / SSI Certificate, per application, per class
- Government Fee – Rs.9,000 for Partnership firm / Company without Udhyog Aadhar
Opposition of Trademark Process
- Once the notice of opposition is received, a reply to the notice has to be filed within a period of 2 months of receipt, failing which the trade mark may be treated as abandoned. The reply to the notice of opposition is done by way of filing of a ‘counter statement’. The broad steps are as below:Step 1: Filing of Counter Statement (within 2 months of receipt of notice of opposition)Step 2: Filing of evidences to support counter statementStep 3: If TM registry requests, a Rejoinder needs to be filedStep 4: If TM Registry requires, hearing proceedings shall be held to determine the opposition.Hearings: A local lawyer will have to be hired who represents you before the registry. Naturally, the fees involved would depend on the caliber and experience of the lawyer in question.
To proceed with the counter statement, kindly send across the following information:
All the above should be substantiated with proper bills and invoices – which will be sought at a later date – during filing of evidence.
- A detailed write up on the company
- The products associated with the brand
- Details of first use, manner in which the brand has been used, promotional materials, etc.
- Intended use of the product
- The market presence of the brand – territories / geographies where it exists
- Complete details of all promotional activities on the brands including the date of the promotional campaign (Launch / TV ads / Online ads, etc)
- A description on differences on the products in question – Between this product and the one associated with the mark that is claimed as being infringed – in brief
We hope this article helped you to know about, “How to register a trade mark in India, trademark registration online, how to check if a brand name is registered in India, trademark registration fees, logo registration in India”. Should you wish to know more about trademark or any tax-related matter, feel free to contact us and we will be glad to assist you.
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