Whatsapp Phone-alt
  • Need Free Consultation?
Book Schedule Now
Search
Close this search box.

TALK TO AN EXPERT!

+91 9769 75 7697

Legalipr: Your Go-to Place for Trademark Registration in India

If you're a business owner or an entrepreneur in India, registering your trademark is a crucial step in protecting your brand and intellectual property. The process can be confusing, but with the right information and guidance, you can successfully register your trademark in India.

In this guide, we'll provide you with all the essential information you need to know about Trademark registration in India.

Trademark Registration

[gravityform id="8" title="true"]

Trademark Registration in India

Registering a trademark in India is crucial to protect your brand identity, which can be a symbol, word, or combination of both. By registering your trademark in India, you can prevent others from using it and causing confusion among your customers. The registration process for a trademark in India is governed by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, making it necessary to follow the regulations to successfully Register trademark India.

Trademark Registration Fees in India

Trademark registration fees in India vary depending on the type of applicant and the number of classes you want to register under. The government fee for filing a trademark application in one class for an individual/start-up is Rs. 4500, while for a company, it's Rs. 9000. For each additional class, the fee is Rs. 5000. If you're using a trademark agent to register your trademark, you'll also have to pay their fees.

Trademark Registration in India

The trademark registration process in India, which can now be initiated through trademark registration online India, can take anywhere from 12-24 months, depending on the complexity of the application and the backlog of pending applications. Here's a step-by-step guide to the trademark registration process in India:

Before filing your trademark application, it’s crucial to conduct a trademark search to ensure that your trademark isn’t already registered or similar to an existing trademark. You can conduct a trademark search online through the Indian Trademark Office’s official website.

Once you’ve conducted a trademark search, you can file a trademark application either online or offline. You’ll need to provide the following details to proceed to Registration of trade mark in India:

  • Your name, address, and nationality
  • A description of your goods/services
  • A clear representation of your trademark
  • Your priority date, if applicable

After filing your trademark application, the Indian Trademark Office will examine your application to ensure that it complies with all the requirements. If there are any objections, the Trademark Office will issue an examination report.

If your trademark application India passes the examination stage, it’ll be published in the Indian Trademark Journal. Once published, the public has an opportunity to oppose your trademark registration within three months.


This is how the trademark procedure in India takes place.

Validity of a Registered Trademark:

A registered trademark in India is valid for a period of 10 years from the date of application. After 10 years, the trademark must be renewed to maintain its validity. It is essential to keep track of the renewal date as failure to renew the trademark can result in the loss of protection and exclusive rights to the trademark.

Renewal Process and Forms:

To renew a trademark, Form TM-R must be filed with the register trade mark in India along with the prescribed fee. The renewal application can be filed six months before the expiration date and up to six months after the expiration date with an additional late fee. It is important to ensure that the trademark is renewed on time to avoid any legal complications.

Steps in Trademark Application:

Conduct a Trademark Search: Before applying for a trademark, it is essential to conduct a comprehensive trademark search to ensure that the proposed mark is not already registered or similar to an existing trademark. This can be done by searching the Indian Trademark Registry's database.
Filing of Application:The trademark application can be filed online or offline with the Trademark Registry. The application must contain the proposed trademark, class of goods or services, and the name and address of the applicant.
Examination of Application:The trademark application will be examined by the Trademark Registry to determine if it meets the requirements for registration. If the application is approved, it will be published in the Trademark Journal.
Opposition Proceedings:After publication, if there are no objections or oppositions raised, the trademark will be registered. However, if an opposition is raised by a third party, a hearing will be held to determine the validity of the opposition.

What can be registered as a trademark?

A trademark can be anything that is capable of distinguishing the goods or services of one person from those of another. The following are some examples of what can be registered as a trademark:

Words and Names

Words or names can be registered as trademarks if they are distinctive enough to identify the goods or services of a particular person or company. Examples of such trademarks include Coca-Cola, Google, and Amazon.

Logos and Designs

Logos and designs can also be registered as trademarks if they are unique and capable of distinguishing the goods or services of one person from those of another. Examples of such trademarks include the Nike swoosh, Apple's apple logo, and the McDonald's golden arches.

Colors

Colors can also be registered as trademarks if they are distinctive and capable of distinguishing the goods or services of a particular person or company. For example, the Tiffany blue color is a registered trademark of Tiffany & Co.

Sounds and Smells:

Unconventional trademarks like sounds and smells can also be registered if they are distinctive and capable of identifying the goods or services of a particular person or company. For example, the MGM lion's roar is a registered sound trademark.

Shapes and Packaging:

Shapes and packaging can also be registered as trademarks if they are unique and distinctive enough to identify the goods or services of a particular person or company. For example, the shape of the Coca-Cola bottle is a registered trademark.

Who can all apply for a Trademark?

In India, any person or company claiming to be the proprietor of a trademark used or proposed to be used by him/her can apply for its registration. The following are the categories of persons or entities that can apply for a trademark in India:

Individuals

Any individual can apply for a trademark registration India. The individual can be an Indian national or a foreign national.

Partnerships

Partnership firms can apply for a trademark registration in India. In such cases, the application should be made in the name of the partnership firm.

Companies

Companies registered under the Companies Act, 2013 can apply for a trademark registration in India. In such cases, the application should be made in the name of the company.

Limited Liability Partnerships (LLPs)

LLPs can also apply for a trademark registration in India. In such cases, the application should be made in the name of the LLP.

Trusts and Societies

Trusts and societies can also apply for a trademark registration in India. In such cases, the application should be made in the name of the trust or society.

Trademark registration is an essential step for businesses and individuals looking to protect their intellectual property and safeguard their brand. With a clear understanding of what can be registered as a trademark and who can apply for a trademark, you can take the necessary steps to protect your brand and intellectual property in India.

Trademark Registration in India: The Advantages You Need to Know

If you're a business owner in India, you're probably aware of the importance of protecting your brand and intellectual property. One of the most effective ways to do this is by registering your trademark. In this article, we'll explore some of the advantages of trademark registration in India.

Once you’ve registered your trademark, you have the exclusive right to use it for the goods or services it’s registered for. This means that no one else can use your trademark without your permission, giving you a competitive advantage in the market.

Trademark registration provides legal protection against anyone who attempts to use your trademark without your permission. If you find that someone has infringed on your trademark rights, you can take legal action against them.

 A registered trademark can help increase brand recognition and brand value. By protecting your brand identity, you’re building a strong foundation for your business that can help you stand out in the market and attract more customers.

Registered trademarks create a sense of trust and credibility among consumers. When customers see that your brand is registered, they are more likely to trust your products or services, and this can help increase customer loyalty.

A registered trademark can be a valuable asset for your business. It can be licensed or sold, providing you with additional sources of revenue.

If you plan to expand your business globally, trademark registration can provide protection for your brand in other countries. By registering your trademark in different countries, you can prevent others from using your trademark and damaging your brand’s reputation.

With a registered trademark, it’s easier to defend your brand against any kind of infringement. Since you have the legal backing of a registered trademark, you can take swift action against anyone who attempts to use your trademark without your permission.

When it comes to trademark registration in India, it’s important to choose the right service provider to ensure that the process is hassle-free and efficient. There are many service providers out there, but Legalipr is a full-fledged service company that stands out from the crowd. Here are some reasons why you should choose Legalipr for trade mark registration in India:

One of the unique features of Legalipr is that we offer dedicated personnel to address any issues or concerns you may have throughout the trademark registration process. This means that you have a single point of contact who will guide you through the process and keep you informed at every step of the way.

Our team of trademark experts has extensive experience in handling trademark registrations for clients from various industries. They are well-versed in the trademark laws and regulations in India, and can provide you with the best advice and guidance.

Unlike some service providers who offer only a limited range of services, Legalipr is a full-fledged service company that offers a wide range of intellectual property services including trademark registration, patent registration, copyright registration, and more. This means that we have the expertise and resources to handle all your intellectual property needs under one roof.

At Legalipr, we believe in transparent pricing. We offer competitive rates for our trademark registration services, and there are no hidden charges or surprises. We provide you with a detailed breakdown of all costs involved, so you know exactly what you’re paying for.

In today’s digital age, online services are becoming increasingly popular. At Legalipr, we offer online trademark registration services that allow you to complete the entire process from the comfort of your home or office. This saves you time and hassle, and makes the entire process much more convenient.

We understand that time is of the essence when it comes to trademark registration. That’s why we offer fast turnaround times for our services. Our team works diligently to ensure that your trademark application is processed as quickly as possible, so you can start using your trademark and protecting your brand.

Conclusion

In conclusion, Legalipr is a full-fledged service company that offers a wide range of intellectual property services, including trademark registration online in India. Our dedicated personnel, experienced professionals, transparent pricing, online services, and fast turnaround time are

FAQ

Most frequent questions and answers

A trademark is a unique symbol, word, phrase, design, or a combination of these elements that identifies and distinguishes the goods or services of one business from those of another.

Trademark registration provides legal protection to the owner of the trademark and helps prevent others from using the same or similar trademark. It also gives the owner exclusive rights to use the trademark for the goods or services it’s registered for.

Anything that is capable of being represented graphically and can distinguish the goods or services of one business from those of another can be registered as a trademark.

Any person or business that claims to be the owner of the trademark can apply for registration of the trademark. This includes individuals, companies, partnership firms, and legal entities.

The process of trade mark registration in India involves filing an application with the Trademark Registrar, examination of the application by the Registrar, and publication of the trademark in the Trademarks Journal. After publication, the trademark is open for opposition by the public. If there is no opposition, the trademark is registered.

A registered trademark is valid for a period of 10 years from the date of registration. After that, it can be renewed indefinitely for periods of 10 years each.

The renewal process for a registered trademark involves filing an application for renewal with the Trademark Registrar before the expiry of the registration period. The renewal application can be filed within 6 months before the expiry of the registration period or within 6 months after the expiry with a late fee.

The trademark registration fee in India varies depending on the type of application, number of classes, and the mode of filing. 

Yes, the trademark registration process in India can be done online through the government’s portal for trademarks.

The timeline for trade name registration in India varies depending on the complexity of the application and any oppositions that may arise. On average, it takes around 18-24 months from the date of application to get a trademark registered in India.