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Trademark Registration - TM Application Online

A visual symbol that differentiates a good or service from similar products is a Trademark. It can be a device, label, name, word, or any mark. Under the Indian laws, it is an asset for the proprietor and this should be protected by Trademark Registration.

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How does online trademark registration work?

Give your brand a unique identity by registering its Trademark online with Vakilsearch.

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Trademark Search

We conduct a thorough search of theTM directory

Step 1

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Discussion on Class

Advice on the classes you need toapply under

Step 2

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Regular Updates

You will receive updates until registration

Step 3

Trademark Registration Online in India - An Overview

A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to register it as a trademark. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

Register Trademark

What can you Trademark? Who can all apply for Trademark?

According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be made use to make your business stand out from the rest.

A trademark application can be done by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.

Why is Trademark Registration important in India?

A Great Business Opportunity

A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.

A Legal Protection

In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.

Get Your Unique Identity

Customers will identify a particular product or service only with the brand. Registering a trademark ensures that competitors will not use it and hence it remains as a company’s unique asset.

An Asset

The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.

Global Filing Of Trademark

A trademark which is registered and filed in India can also be filed in other countries outside India. Likewise, foreigners can also get a trademark registered in India.

How we help with Trademark Registration? A detailed Trademark application filing process

Trademark Search

We help in your trademark search by conducting the search using trademark(™) director. We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.

Class Selection

While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class. For example, the Class 28 includes products and services related to games, sports and toys. Hence, if you are planning to launch a new toy brand, you will have to apply under the Class 28.

Preparing The Application

After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first. This gives us the right to make the trademark registration on your behalf. You can sign the letter and return it back to us. We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.

Documents needed for Trademark Registration

An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.

While filing for the trademark registration, the documents you need to provide are as follows:

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address

Identity And Business Proofs

The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter’s id.

Using Logo With Tagline

If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.

Form 48

On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.

Important things know about the online Trademark Registration Process

Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.

the Vienna Codification Process

In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as - “Sent for Vienna codification.”

The Examination Of Trademark

After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.

Hearing Before Trademark Register/officer

If the trademark application is rejected, the applicant can go for a for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected. If he is not fully convinced about the reason for rejection, then theIntellectual Property Appellate Board can be contacted.

Trademark symbols and their usages

R Symbol

Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.

™ Symbol

The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.

SM Symbol

The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.

FAQs on Trademark Registration - TM Application Online

Why Vakilsearch

  • We conduct a thorough search of the TM directory
  • We prepare the authorization letter, so we can file for trademark registration on your behalf.
  • We offer you with advice on the classes you need to apply under.
  • We assist you in filling up the forms with the Registrar
  • We constantly provide you with updates until the registration process is complete.

Recent Updates

Sony Playstation 5 Launch May Delay

08th October: The launch of Sony’s Playstation 5 can be delayed in India because a Delhi guy owns the trademark three months back. He filed the trademark on October 29th 2019.

Tata Motors Trademarks The Name 'Timero' for its Upcoming SUV In India

18 September 2020: As per the Ministry of Commerce and Industry's database, the Tata Motors has trademarked the name ‘Timero'. So, it is likely that 'Tata Timero' could be the official name of the company's upcoming micro SUV, due for launch towards the end of 2020. The company filed for the trademark registration last year.

Trademark Registration Webinar Organized by MSME Institute Srinagar

30th July: The Institute of Micro, Small & Medium Enterprise, under MSME Ministry organized a webinar on intellectual property rights. A special focus was on trademark registration and its benefits. Senior officials of the government including Director Industries and Commerce Kashmir were available.

Baba Ramdev’s Anti Covid Drug ‘Coronil’ Refrained from Use: Madras High Court

18th July: Arudra Engineering Private Limited, a Chennai based firm has claimed the ownership of ‘Coronil’. The company claimed it had registered ‘Coronil 92B’ and ‘Coronil-213 SPL’ in 1993.

India Occupies its Place Among Top 10 Nations

01st July: The recent years have seen a sharp rise in intellectual property filings. According to the World Intellectual Property Indicators 2019 Report, India has occupied the 10th position in IP filing activity.

91816 trademarks filed in 4 months

23rd April: From 1st January to April 22, a total of 91816 trademarks have been filed in India. The lockdown has not much impacted the workings of the Indian Trademark Registry.

Apple launches website and app for COVID-19

23rd April: To keep us updated with helping us take protective measures against COVID-19, the renowned company Apple launches a website and an app. In this regard, it has filed a trademark under the international trademark class 9.

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