A trademark represents a brand or logo of a business which identifies the product or service of a particular brand. Trademark guarantees the quality of a product or service and also helps in advertisement of the business.
Registering a trademark is beneficial because it guarantees the identity of the product and can stop others from using your trademark. It is considered as very important asset of any business and also contributes to create goodwill. Hence, registering trademark serves as a loyalty and affiliation to customers.
Any individual, company, proprietor or legal entity can apply for trademark registration. Even private company registration in India can apply for trademark registration.
PROCEDURE FOR TRADEMARK REGISTRATION INDIA-
Step 1: Trademark search
Before selecting any trademark, it should be checked that whether your trademark is similar to other trademark or not. If your proposed trademark is unique, further application for getting trademark registered shall be made. Trademark search is conducted by trademark agent or attorney with trademark office and this search can be done through online as well as offline mode.
Step 2: Trademark application
Once it is confirmed that your trademark is unique, an application for trademark registration would be drafted by trademark attorney. You can start using TM symbol as soon as the form for trademark registration is filed.
Documents required for filing application of trademark registration India
- Copy of trademark or logo
- Details of the applicant like name, address, nationality and in case of company, the state of incorporation
- Goods or services which are to be registered under trademark
- If the trademark is used prior to applying for registration, date of first use of trademark in India
- Power of attorney signed by applicant
Step 3: Trademark registration
After the application for registering trademark is made, trademark office will check whether the proposed trademark is already taken or not. If yes, objection will be raised by them and if no, advertisement in the trademark journal will be made.
In the next 4 months, if any business or any private company registration in India does not oppose the trademark then your trademark get registered around 6 months later. Once the trademark is registered, it is valid for 10 years from the date of filing and can be renewed after that.
Cost for registering trademark in case of individual/ start-up/ small enterprise will be Rs. 4500 and Rs. 9000 in all other cases. Trademark attorney professional fees would be Rs. 3500 per application per class.
DIFFERENT TYPES OF TRADEMARK IN INDIA-
- Name, including personal or surname of the applicant or the signature of the applicant or the predecessor of the business
- Alphanumeric or letters or numerals or any other combination
- Image, symbols, monograms, three- dimensional shapes etc.
- Coined word or invented word