Description
Trademark Registration
Trademark-Individual
₹ 7,000/- (inclusive all)
- Discussion and collection of basic Information
- Select appropriate Class
- Trademark Search & Availability Check
- Drafting of Documents by Professionals
- Franking on Power of Attorney
- Filing of online TM application
- sharing the filed application & receipt
Trademark-Corporate
₹ 12,000/- (inclusive all)
- Discussion and collection of basic Information
- Select appropriate Class
- Trademark Search & Availability Check
- Drafting of Documents by Professionals
- Franking on Power of Attorney
- Filing of online TM application
- Sharing the filed application & receipt
Documents Requirements
- Proof of Applicant
PAN Card and Address Proof of Applicant.
Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark
- User Affidavit
If a specific user date is to be claimed, the user affidavit is also required to be submitted
- Proof of TM Use
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
- MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
- Signed Form TM – 48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature
Procedure
Knowledge Portal
What is Trademark?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.
Advantages of Trademark Registration
Frequently Asked Questions
1.Should the trademark be filed in the individual’s name or companies name?
Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.
2.What cannot be registered as trademark?
Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.
3.Once registered for what period, a trademark is effective? Can a trademark registration be renewed?
The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.
4.How long does it take for the trademark to get registered?
Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.
5.What is trademark class? How to find appropriate class?
Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying prescribed Government fee.
6.Can a Foreign Will the trademark be valid outside India?
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
7.How does my start-up qualify for a 50% rebate on Government fee?
If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.
8.If I register my Brand Name & Logo, would they be considered as 2 applications or 1 application?
The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.
9.Can a registered trademark be amended later?
Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.
