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Trademark Registration Simplified

Protect your brand name and logo. Get trademark in just 5 days

Trademark Registration
(Individual)

₹7,999₹6,499(+taxes)
POPULAR
  • Ideal for Individual, Proprietor
  • Online Filing of trademark application
  • Drafting of Form TM-A
  • Advice on trademark classification
  • Government fees and application filing
  • Business hours Support
  • Excludes the reply to Trademark Objections

Trademark Registration
(Business)

₹15,999₹11,999(+taxes)
  • Ideal for Private Limited Company and Partnership Firm
  • Online Filing of trademark application
  • Drafting of Form TM-A
  • Advice on trademark classification
  • Name search and approval
  • Regular updates until registration
  • Excludes the reply to Trademark Objections

Trademark Registration
(MSME)

₹7,999₹6,499(+taxes)
  • Ideal for Medium and Small enterprises
  • MSME registeration also covered
  • Online Filing of trademark application
  • Drafting of Form TM-A
  • Advise on trademark classification
  • Documented Follow-up
  • Business hours Support
  • Excludes the reply to Trademark Objections

Trademarking a Brand Name

By trademarking your company’s name, you are protecting the brand, its reputation, and your ideas, all of which you undoubtedly invested a great deal of blood, sweat, and tear working on. And while the trademarking process itself will take time in all areas considered, nothing would be worse than not protecting your brand and potentially be faced with an infringement lawsuit from a larger company.

The process of brand trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:
Letter, Word, Number, Phrase, Graphics, Logo, Sound Mark, Smell or a mix of Colors.

Trademark Registration Procedure

  1. Surf internet for a brand name that is “wacky-enough”
  2. Preparing a trademark application
  3. Filling the application of brand name registration
  4. Examining the process of the brand name application
  5. Publication of your brand in the Indian Trade Mark Journals
  6. The trademark registration certificate issuance

Steps

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:

1.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, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.

2:Soft copy of the trademark.

3: The proof of claim (which is applicable) of the proposed mark can be used in another country.

4: Power of attorney to be signed by the applicant.

Step 3: Filling the application of brand name registration

Manual Filling and e-filling are the two different ways for filing the registration.

If you choose ‘manual filling’ 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!

Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges. It means you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.

In case of failure to get the name approved in the second go, you can file the SPICe form again from scratch. This will any day prove to be cheaper than opting for the first option.
The whole process including name approval and incorporation takes around 2-3 days

Step 4: Examining the process of the brand name application
Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst 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 will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.

Step 6: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.
Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.

Frequently Asked Questions

  • Who can apply for a trademark?
    In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.
  • Can foreign applicants also apply for the registration of their trademarks in India?
    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.
  • What is the Madrid Protocol?
    Let’s try and understand this agreement with the help of an example.

    Imagine you have a trademark application for the mark SKIDROW in India which has already been registered or has been applied for. The next step would be to file an application with the International Bureau (IB) with the details as per the application in India. You can then choose out of the 122 countries that are a party to the Madrid Protocol where you would prefer to file. All the offices that have been selected will receive the same details and the trademark SKIDROW will be treated as if it was filed in that particular country directly.
  • Are there any advantages of filing under the Madrid Protocol?
    A few of them are listed out:-
    • Common date of renewal for all the trademarks.
    • Amendments to the marks will pass through the IB, hence records are maintained facilitating easier audits.
    • Costs are comparatively lesser.
  • How does one register a trademark under the Madrid Protocol?
    a) Application

    The trademark must be registered or at least applied for with the Indian Trademark Office in order for it to be eligible for filing under the Madrid Protocol. The Indian Trademark Office will then certify that the details in the international application are the same as those in the basic application/registration. The date on which the international application was filed is also to be made note of and then the application is forwarded to the WIPO.

    b) WIPO Examination

    The WIPO, on receiving the application, then conducts a formal examination in order to verify the compliance of the application with the statutory requirements. On the observation of any irregularities found, the necessary changes for the same need to be done within three months. If it is not remedied within the stipulated time, the application stands “Abandoned”.

    c) WIPO Publication

    If all the steps until this point are correctly done, the application is recorded in the International Register and published in the WIPO Gazette of International Marks.

    A certificate of International Registration will be sent to the applicant by the WIPO. Further, the WIPO will notify all the other trademark offices of the fact that the applicant has chosen to extend the protection of that particular mark.

    d) Examination by the Trademark Office of the Designated Country

    The Trademark Office of the Designated Country further examines the application for verification with the applicable laws as per that particular country. Within 12-18 months, the acceptance or refusal of the application will be conveyed to the WIPO, who in turn will inform the applicant about the decision of the trademark office of the Designated Country.

    e) Advertisement and Registration

    The mark will then be advertised in the Indian Trademarks Journal where it shall be open to third party opposition for a period of 4 months. In the absence of any opposition after the period of 4 months, the protection for the trademark will be granted by the Indian Trademarks Registry.
  • Can the Madrid Protocol application be amended and renewed?
    The application with respect to those that are designating India need to be made only at WIPO, who in turn will notify the Indian Trademark Office. Any amendment to be made in the application can be made by filing a single application at WIPO which will be reflected in all the other designating countries.