Trademark Registration

Trademark Registration

To distinguish one’s goods or services from other similar goods or services originating from a different business, a visual symbol is used called trademark. It may be in the form of a number, a word, a symbol, etc.It is an intangible asset used to protect the company's investment in the brand or symbol. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. A trademark can be registered only if it is distinctive for the goods and services you provide. Also, trademarks are not register able if it is deceptive, offensive, contains specially protected emblems, etc.. Trademark provides the trademark owner the right to sue for damages in cases of infringements of trademarks.Trademarks are registered in accordance with the Trademark Act, 1999 with the General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

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Minimum Requirement for Trademark Registration

  • A list of goods and/or services for which registration is required.
  • The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner. If the applicant is a company, the country or state of incorporation.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • Soft copy of the trademark to be registered.
  • Date when the trademark was first used in India, if at all used.
  • Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
  • If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the date of filing of the application.

An application for trademark can be filed in prescribed form TM-1 along with government fee as per application. Our professional fee for filing of trademark is Rs. 7000/- Only for all India filing

Types of Trademark: Under the Indian trademark law the three types of trademarks

Product / Goods Trademark

The brand name, or the label, or the logo is affixed on the product to make it different from others is called a product trademark.

Service Trademark

The trademarks used by service providing company such as a broadcasting service, retails outlet, consulting, IT consulting company etc are called service trademarks & they are used to identify the services.

Collective Trademark

Trademarks that are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities are called collective trademarks.