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Apply Trademark Registration Online

Name: Trademark Registration
Brand: Vakilsearch
SKU: 29
Price: 1499 INR
Availability: InStock
Rating: 4.8 (25400 reviews)

Protect your brand identity and the trust your customers have in it easily, through Vakilsearch and our team of experts.

Get hassle-free trademark registration @ just ₹1999/- (+ govt fees). T&C*.

Trusted by thousands of startups and enterprises, we ensure your trademark is filed within 6 hours. T&C*.

Our senior IP lawyer conducts thorough trademark searches before ™ application.
Stay informed with regular updates throughout the process. TM filing starts from ₹1999 ₹1499 + Govt fees 100% Money back guarantee

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legal tax and compliance platform.

4.5/5

16k+ Happy Reviews

Over 1 lakh trademarks have been registered globally, including the ones you’re familiar with

We’re applying for trademarks faster than you can say 'brand protection' – one every 5 minutes!

Brand Name: Uphaaram - Premium Gifting Solutions, Class: 29

S. M. Enterprises

Bhopal

Brand Name: HydraBoost, Class: 3

GAUR NITAI PRODUCTS PRIVATE LIMITED

Uttar Pradesh

Brand Name: Neighborly, Class: 9

NeighborlyX Private limited

Uttar Pradesh

Brand Name: CARNO ESSENCE SYRUP, Class: 5

Balakrshnan Govindan

Dindigul

Brand Name: Vermi Pro, Class: 1

Arvind Dagadu Suryawanshi

Nandurbar

Brand Name: SaiyanKraft, Class: 28

SaiyanKraft

Raipur

Brand Name: Uphaaram - Premium Gifting Solutions, Class: 29

S. M. Enterprises

Bhopal

Brand Name: HydraBoost, Class: 3

GAUR NITAI PRODUCTS PRIVATE LIMITED

Uttar Pradesh

Brand Name: Neighborly, Class: 9

NeighborlyX Private limited

Uttar Pradesh

Brand Name: CARNO ESSENCE SYRUP, Class: 5

Balakrshnan Govindan

Dindigul

Brand Name: Vermi Pro, Class: 1

Arvind Dagadu Suryawanshi

Nandurbar

Brand Name: SaiyanKraft, Class: 28

SaiyanKraft

Raipur

Last updated on December 20, 2024

Most Commonly Filed Trademarks

The brand “NIKE” is used as a sample representation of each TM type

Brand Name

Business name for your brand identity

Brand name + Logo

Name + Graphic representation of brand

Logo

Graphic representation of your brand

Slogan

Your brand's catchy tagline

How it works?

Thorough TM search by our experts

Result within 24 hours

TM application filing & start using TM

1 - 2 Days process

TM registration certificate (10 years validity)

Upon approval

Introduction to Trademark Registration in India

Trademark registration in India helps protect your business name, logo, or symbol. It gives you the legal right to stop others from using or copying it. The process starts with a trademark search to check if your name or logo is available. Then, we help you file a trademark application with IP India, which is part of the Government of India.

At Vakilsearch, we guide you through each step of the trademark registration process. We handle the required documents and help you choose the right trademark class (there are 45 classes). After filing, we track the trademark status and help you get the trademark certificate. Your trademark will be protected for ten years and can be easily renewed.

If you need global protection, we assist with international trademark registration using the Madrid Protocol. Our online process is simple and allows you to follow your trademark's progress in the trademark registry.

We also manage the power of attorney needed for filing your trademark. Plus, we offer other services like tax filing for your company or LLP. By registering your trademark, you secure your intangible asset and prevent others from using your brand. You can also use the TM symbol to show your trademark is protected.

The benefits of trademark registration include long-term legal protection for your brand, covering specific goods or services in categories like classes 1 - 34 and classes 35 - 45. Our trademark registration fees are clear, and we ensure a successful registration. By registering your trademark, you take an important step to protect your brand.

What is a Trademark?

A trademark is a unique word, letter, or symbol that helps make your brand stand out. It gives you legal protection under intellectual property laws, so others can’t use a similar mark. This helps you protect your brand and avoid trademark infringement.

To register a trademark, you need to apply to a patent and trademark office, IP India like the USPTO in the U.S. Once your trademark is registered, it’s protected for ten years, and you can renew it. For protection in other countries, you can use the Madrid System to register internationally.

Before applying, you should do a trademark search to make sure no one else is using a similar mark. There are different types of trademarks, like certification marks and trade dress, which protect your products or services. When your trademark is officially registered, you can use the registered trademark symbol (®) for legal protection.

Trademarks help show where a product or service comes from and give you full control over your brand. This helps keep your business protected in different places and avoids confusion with other brands. Trademarks offer protection and keep your brand safe from others using it.

Types of Trademarks in India

In India, trademarks are essential for protecting the brand identity of businesses and their products or services. Governed by the Trademark Act, 1999, trademarks can take on various forms depending on what they aim to protect—whether it's a product, a service, or distinctive brand elements like shape, sound, or designs. Each type of trademark helps distinguish a brand and offers legal protection against unauthorised use, ensuring that the brand’s goods or services cannot be imitated or misused. This protection is vital in helping businesses maintain their uniqueness and preventing infringement.

Product Mark

A product mark is used specifically for products and goods. It helps to identify the origin of the product and distinguishes it from competitors. It applies to physical items sold by a brand.

Example: The Nike swoosh for sports shoes.

Service Mark

A service mark is used to identify services rather than products. It distinguishes the service provider in areas such as hospitality, technology, or consulting.

Example: Airtel for telecom services.

Certification Mark

A certification mark is used to certify that a product meets a specific standard or quality. It guarantees that the goods or services have passed certain evaluations for material, quality, or method of manufacturing.

Example: The ISI mark used for certifying product standards in India.

Collective Mark

A collective mark is used by a group or association to indicate membership and distinguish the goods or services provided by its members. It shows that the entity complies with defined standards.

Example: The mark used by Chartered Accountants to signify membership in their professional association.

Sound Mark

A sound mark is a distinct sound that is closely tied to a brand. If a brand is recognized by a unique sound, it can register that sound as a trademark.

Example: The Intel jingle.

Shape Mark

A shape mark protects the unique, distinctive shape of a product that serves as an identifier of the brand. This type of trademark helps customers recognize the product based on its shape alone.

Example: The Coca-Cola bottle shape.

Pattern Mark

A pattern mark protects unique patterns that are associated with a brand. It helps distinguish a brand’s product when a specific design or pattern is prominently used.

Example: The pattern design on Louis Vuitton handbags.

Word Mark

A word mark protects the text or word itself that is used by the brand. This can include company names, product names, or taglines.

Example: The wordmark for Google.

Symbol Mark

A symbol mark protects logos or symbols that represent a brand. This is one of the forms of trademark protection that ensures businesses can safeguard the distinct visual representation of their brand

Trademark Symbols

TM Symbol (™)

The TM symbol signifies that a brand is claimed by its owner, even though the trademark is not yet registered. It provides a degree of protection, helping establish ownership rights in cases of brand disputes or infringement.

R Symbol (®)

The ® symbol indicates that a trademark is officially registered with the relevant authority. It provides full legal protection against unauthorised use, giving the owner the exclusive right to use the brand in connection with specific goods or services.

SM Symbol (℠)

The SM symbol is used for service marks to represent services, even if they are not yet registered. Like the TM symbol, it helps claim ownership of a brand related to services, offering a basic level of protection.

Understanding Trademark Registration

In India, registering a trademark helps protect your brand. This process gives your business legal rights over its logo, design, or other parts of its identity. Before you apply, you should do a trademark search to check if anyone else has a similar trademark. After filing, the Indian Trademark Office reviews your application. If approved, your trademark will be published in the Trademark Journal, giving others time to raise objections. If no one objects, you’ll get a registration certificate that protects your goods or services. You can also apply for international protection through the Madrid Protocol. The filing date is important because it decides the priority of your application. Registering your trademark helps you keep control over your brand and stops others from using it without permission.

Why is Trademark Registration Important?

Registering your trademark is crucial because it helps protect your brand’s identity, builds trust with customers, and ensures your business stands out in a crowded market.

Legal Protection: A trademark protects your brand from being copied or used by others without permission, which helps keep your business unique.
Trademark Search: Doing a trademark search ensures that your brand name or logo is original and hasn’t been taken by someone else.
Online Registration: Registering your trademark online gives your brand legal protection in India and other countries.
Valuable Asset: A trademark becomes a valuable asset for your business, helping build your reputation and brand recognition.
Attract Customers: A registered trademark helps make your brand easily recognizable, drawing in both loyal and new customers.
Legal Action: If someone tries to use your trademark without permission, you have the right to take legal action to stop them.
Renewal: A trademark lasts for ten years and can be renewed, giving your brand long-term protection.
Grow Your Business: A trademark helps grow your business by making your brand stand out, increasing its value over time.
Global Protection: You can register your trademark internationally to protect your brand in other countries as well.

How to Register a Trademark in India

If you want to protect your brand and grow your business in India, registering a trademark is essential. Follow these steps to secure your brand’s rights:

Step 1: Search for Existing Trademarks (™ search)

Before applying, search for existing trademarks on the IP India website. This helps ensure your chosen trademark isn’t already in use.

Step 2: Submit Your Trademark Application

Once the search is complete, you can file your trademark application in two ways:

Manual filing: Submit application forms at the trademark office.
Online filing: Use the trademark registration portal for a faster process.

You can apply for one class of goods or services or for multiple classes, depending on your business. Fees vary based on the number of classes.

Step 3: Examination of Your Application

After submission, your application is reviewed by the Indian Trademark Registry. The registrar officer will issue an examination report to check if your trademark follows the rules of the Trademark Act 1999.
If everything is in order, the trademark will be published in the Trademark Journal.

Step 4: Publication in the Trademark Journal

Your trademark will be published in the Trademark Journal. After publication, there is a four-month opposition period where others can oppose your application. If no one objects during these months from the date of publication, your application moves forward.

Step 5: Receive Your Trademark Certificate

If there is no opposition, or if it is resolved, you will receive your trademark registration certificate. Once you get the certificate, your brand is officially protected, and you can use the TM symbol (™).

Step 6: Monitor Your Application

Throughout the process, you can check the trademark status on the India portal. It’s important to stay updated as the registration process can take several months. By following these steps, you can complete the trademark registration process in India and ensure your brand is legally protected.

Legal Framework for Trademark Registration in India

India’s trademark system protects businesses from unauthorised use of their brand. The key components are the Trade Marks Act, 1999, the Trade Marks Rules, 2017, and the Madrid Protocol for international registration.

The Indian Trademark Act

The Trade Marks Act, 1999 outlines how to register and protect trademarks in India. Important points include:

Classes of Goods and Services: Trademarks are grouped into different classes (for goods and services) under the Nice Classification.
Distinctiveness: A trademark must be unique or have gained recognition over time (acquired distinctiveness).
Refusal Grounds: Trademarks can be rejected if they cause confusion or lack distinctiveness.
Duration: Once registered, a trademark lasts for 10 years and can be renewed.

Trademarks cover brand names, logos, colors, sounds, and shapes to help businesses protect their identity.

Role of the Controller General of Patents, Designs, and Trademarks

The Controller General manages trademark registrations, including:

Examining applications and issuing registration certificates.
Publishing trademarks in the Trade Marks Journal for public review.
Managing international trademarks through the Madrid Protocol.

Madrid Protocol and International Trademarks

India is part of the Madrid Protocol, which allows businesses to apply for trademark protection in multiple countries with one application, making it easier to protect your brand worldwide.

Trademark Rules and Regulations in India

The Trade Marks Rules, 2017 outline the process for registering and maintaining trademarks, including:

Application Process: You can apply for trademarks online, with different fees for individuals and companies.
Opposition: After a trademark is published, others have three months to oppose it.
Renewal: Trademarks need to be renewed every 10 years to remain valid.

These rules ensure businesses can efficiently protect their brands

Trademark vs Service Mark vs Collective Mark vs Registered Trademark vs Certification Mark

Feature	Trademark	Service Mark	Collective Mark	Registered Trademark	Certification Mark
Purpose	Protects the branding of products	Protects the branding of services	Used by a group to indicate membership or common standards	Indicates full legal protection after registration	Certifies that a product or service meets specific standards
Covers	Words, phrases, symbols, or designs that represent a product	Words, phrases, symbols, or designs that represent a service	Marks used by members of a collective organization	Any trademark or service mark after registration	Marks certifying quality, origin, material, or manufacturing method
Legal Protection	Offers limited protection before registration, full protection after	Offers limited protection before registration, full protection after	Protects marks used by a group for goods or services	Full legal protection after registration under IP law	Full legal protection once registered, but cannot be used by the certifier
Registration Symbol	TM (™) before registration; ® after registration	SM (℠) before registration; ® after registration	No specific pre-registration symbol; ® after registration	® symbol only after official registration	® after registration (cannot use pre-registration symbol)
Registration Process	Conduct a trademark search, file with a patent and trademark office (e.g., USPTO, India)	Conduct a service mark search, file with the appropriate trademark office	File with the relevant office to protect collective usage	Application through the trademark office, then official status granted	File application to show compliance with certification standards
Geographical Area	Protects the mark in the registered geographical area	Protects the mark in the registered geographical area	Protects collective marks in defined areas or industries	Protects the mark in the registered geographical area	Protects the mark across specified areas where it is registered
Example	Coca-Cola logo for soft drinks	A law firm’s logo representing their legal services	Chartered Accountants logo used by members	Apple logo after official registration	ISI Mark for Indian product quality certification
Identifies and Distinguishes	Source of goods in the marketplace	Source of services in the marketplace	Identifies members or standards of a collective group	Identifies a legally registered product or service	Certifies that products/services meet specified quality or standards
Use of Symbol Before Registration	TM (™) to indicate a pending application	SM (℠) to indicate a pending application	No pre-registration symbol; must apply for protection	Cannot use the ® symbol until officially registered	No symbol can be used until officially registered
Relevant Law	Governed by trademark laws	Governed by service mark laws	Governed by collective trademark laws	Governed by intellectual property law	Governed by certification mark laws

Trademark

Protects the branding of products

Service Mark

Protects the branding of services

Collective Mark

Used by a group to indicate membership or common standards

Registered Trademark

Indicates full legal protection after registration

Certification Mark

Certifies that a product or service meets specific standards

Benefits of Trademark Registration

Registering a trademark helps protect your business and brand. It makes sure no one else can use your name, logo, or product design. Here are the key benefits:

Exclusive Rights: You have full control over your trademark.
Builds Trust and Loyalty: Your brand becomes known for quality, which builds customer trust.
Differentiates Your Product: Makes your product stand out in the market.
Represents Quality: Shows that your products or services meet high standards.
Creates a Business Asset: A registered trademark becomes a valuable business asset.
Legal Use of ® Symbol: You can legally use the ® symbol to show your trademark is registered.
Protection Against Infringement: You can take legal action if someone uses your trademark without permission.
Cost-Effective Protection: Trademark registration is affordable and lasts a long time.
International Registration: Registering in India can help you register your brand globally.
Attracts Top Talent: A well-known trademark can attract the best employees.
Brand Protection: Keeps others from using your brand name or logo.
Legal Protection: Gives you the right to protect your brand through the law.
Protects Business Identity: Helps keep your business identity unique.

Trademark Class Selection

Selecting the appropriate trademark class is essential in the registration process, as it organises goods and services into 45 distinct categories. Choosing the correct class is vital for the validity of your trademark registration, as it directly relates to your business's products or services. If your company operates in multiple areas that fall under different classes, it’s important to apply for a trademark in all relevant categories. In India, commonly selected Trademark classes include:

Class 9

Includes computer software and electronics

Class 25

Covers clothing

Class 35

Relates to business management and advertising

Class 41

Pertains to education and entertainment

Trademark Registration Process

Before you can manage or protect your trademark, understanding the trademark registration process is the first step to securing your brand’s legal rights.

Step 1: Trademark Search

Before you apply for a trademark, you need to check if it's already taken.

Why is a Trademark Search Important: It helps ensure that your trademark is unique and avoids application rejections.
How to Conduct a Trademark Search: Use our Trademark Search Tool to see if similar trademarks exist.
Understanding the Trademark Search Report: This report shows any possible conflicts and helps you decide if you should go ahead with your application.

Step 2: Filing a Trademark Application

Once you confirm your trademark is available, you can file your application.

Preparing Your Application: Fill in details about your trademark and how you plan to use it.
Documents Needed: You'll need proof of identity, address proof, and a picture or description of the trademark.
Online vs. Offline Filing: We suggest filing online for a quicker process.
Fees for Trademark Registration: Know the costs involved, which vary depending on the trademark type and filing method.

The Vienna Codification Process, is an international system used to categorise the figurative elements of trademarks. Once you file a trademark registration application, the Trademark Registrar will apply the Vienna Classification to assess these figurative components.

Step 3: Examination of the Trademark Application

After you submit, your application will be checked.

Trademark Examination Report: The registrar reviews your application and may list any issues.
Responding to Objections: If there are problems, you need to address them quickly to keep things moving.
Common Reasons for Rejection: These can include lack of uniqueness or being too similar to existing trademarks.

Step 4: Publication in Trademark Journal

If your application passes, your trademark will be published for everyone to see.

Why is Publication Important? It gives others a chance to challenge your trademark, promoting fair competition.
What Happens After Publication? If no one opposes it within a certain time, your trademark can move forward to registration.
Trademark Opposition Process: If someone challenges your trademark, you must respond to defend it.

Step 5: Trademark Registration Certificate

Once all steps are complete, you will receive your trademark registration.

Getting Your Trademark Certificate: This document proves your rights to the trademark.
Validity and Renewal: Trademarks last for ten years and can be renewed indefinitely to maintain protection.

Step 1: Submitting the Application
To renew your trademark, complete Form TM-R and submit it to the Trademark Registry. Include your trademark registration number, current status, and your contact information.
Step 2: Scrutiny and Review
The Registry will review your application to ensure it's eligible for renewal. If there are any concerns, they will notify you, and you must respond within a specific timeframe.
Step 3: Announcement in the Trademark Journal
Once approved, the renewed trademark details will be published in the Trademark Journal. This gives third parties four months to raise any objections.
Step 4: Granting the Renewal Certificate
If there are no objections or they are resolved, the Registry will issue the Trademark Renewal Certificate, confirming the trademark is renewed for another 10 years.

Trademark Renewal Fees

The official fee for renewing a trademark in one class is ₹9,000. If you renew within six months after expiry, the fee is ₹13,500, and restoring a removed trademark costs ₹18,000.** fees are subject to change

Violation of Conditions: If there’s a violation of registered trademark conditions, you can ask for rectification from the High Court or Registrar.
Missing or Incorrect Entries: If an entry is missing or wrong in the trademark register, anyone can seek rectification.
Decision on Important Questions: The High Court or Registrar may address key issues during the rectification process.
Starting Rectification Proceedings: After notifying relevant parties, the High Court or Registrar can initiate rectification proceedings.
Notice of Rectification Order: Once a decision is made, a notice will be issued, and the register will be updated accordingly.

TM-16 Form: For trademark holders seeking rectification or cancellation, along with the required fee.
TM-M Form: For situations initiated by the Registrar, including necessary fees.
TM-26 Form: For aggrieved individuals filing for rectification or cancellation, also with applicable fees.

Civil Remedies: Trademark owners can take civil action under the Trade Marks Act, 1999, to address infringement.
Criminal Remedies: Indian law allows for criminal actions against trademark infringement, classifying these as cognizable offences under the Indian Penal Code.

Determining Protection: Courts decide how much protection the trademark has. They check if the trademark is valid and what rights the owner has.
Checking for Confusion: Courts look at whether the similar trademark could confuse customers. If people might mix them up, this can affect the court's decision.
Issuing Injunctions: If a trademark is being misused, courts can issue injunctions. These are orders that stop the unauthorised party from using the trademark.
Protecting Trademark Rights: Courts play a crucial role in keeping the trademark registration process fair. They ensure that trademark owners get the protection they need for their rights.

Complete Assignment: You give all rights to the trademark to the new owner.
Partial Assignment: You transfer rights for certain products or services but keep some rights for yourself.
Assignment with Goodwill: You transfer the trademark along with your business reputation and customer relationships.
Assignment without Goodwill: You transfer the trademark but not the reputation of your business.

Trademark Registration Certificate: Proof that the trademark is registered.
Identity and Address Proof: Information about both the original owner and the new owner.
No Objection Certificate (NOC): A document from the original owner stating they have no objection to the transfer.
Description of Assignment: State if it includes goodwill.
Registrar’s Direction: A copy of any advertisement related to the assignment.
Signatures: Signatures from both parties and witnesses.
Notarization: A notarized document from an official.
Execution Date and Place: Details on when and where the assignment took place.
Power of Attorney/Authorization Letter: Legal permission for the assignment process.

Quality standards for the products
Details about how the products are made
How to resolve disputes
Conditions for ending the agreement

Financial Gain:
The licensor earns royalties while the licensee profits from the brand’s established reputation. This creates a win-win situation where both parties benefit financially.
Growth of the Trademark Owner's Business:
The trademark owner can expand their business into new markets by utilizing the licensee's distribution channels and expertise. This helps in reaching more customers without significant investment.
Expanding Brand Recognition:
Licensing increases the brand's visibility and recognition, especially in regions where it was previously unknown. This helps build a stronger brand presence in new markets.
Growth in Trademark Popularity:
As more consumers become familiar with the trademark through licensing, its popularity and market reach increase. This can lead to higher sales and brand loyalty.
Workload Redistribution/Reduction:
Licensing reduces the licensor’s workload by transferring some responsibilities to the licensee. The licensee takes on the tasks of maintaining product quality and service standards, allowing the licensor to focus on other business areas.

Why Choose Vakilsearch for Trademark Registration?

Registering your trademark is crucial because it helps protect your brand’s identity, builds trust with customers, and ensures your business stands out in a crowded market.

Expertise in Trademark Law: Our legal team specializes in trademark law, ensuring your application is accurate, compliant, and efficiently processed.
Thorough Trademark Search: We perform comprehensive trademark searches to confirm the uniqueness of your trademark, minimizing potential conflicts and boosting your chances of approval.
Simplified Application Process: Our platform streamlines the trademark registration process. You submit your details easily, and our experts manage the paperwork on your behalf.
Support Through Every Step: From filing the initial application to handling objections or oppositions, we provide continuous support to guide you through the entire registration journey.
Timely Renewal Reminders: Trademark registration lasts for 10 years. We ensure you never miss a renewal date by sending timely reminders to keep your trademark protected.
Comprehensive IP Services: In addition to trademark registration, Vakilsearch offers patent registration, copyright services, and other IP solutions, providing all your intellectual property needs under one roof.
Trusted by Thousands: Join our community of satisfied clients who rely on Vakilsearch for their trademark and intellectual property requirements, backed by our successful track record.
Affordable Solutions: We offer competitive pricing, delivering top-tier trademark registration services without compromising on quality or breaking your budget.
Educational Resources on Trademarks: Vakilsearch empowers clients by providing extensive resources, articles, and guides to help you understand trademark law and protect your intellectual property effectively.

FAQs on Trademark Registration Online

What is the official website for trademark registration in India?

The official website for trademark registration in India is the Intellectual Property India portal, managed by the Controller General of Patents, Designs, and Trademarks.

What is the process of trademark registration in India?

The trademark registration process includes conducting a trademark search, filing a trademark application, and waiting for approval after publication in the Trademark Journal. The registration is valid for 10 years.

How can I conduct a trademark search?

You can conduct a trademark search on the Intellectual Property India website using the public search tool to check if your desired trademark is already registered.

Do I need to conduct a thorough trademark search before applying?

Yes, conducting a thorough trademark search is essential to ensure that your chosen brand name registration is not already in use or too similar to another existing trademark. This reduces the risk of rejection during the filing process.

How can I apply for trademark registration online?

You can apply online through the Trademark e-Filing Portal on the Intellectual Property India website by submitting the necessary documents and fees.

What is the process for online trademark registration?

The online trademark registration process involves trademark filing through the official Trademarks Registry website. You'll need to submit a trademark application form along with the necessary documents. Our trademark attorney can assist with this process to ensure compliance.

When can I use the TM symbol?

You can use the TM symbol as soon as you file your trademark application, indicating that you have applied for trademark protection.

What does the TM symbol mean, and when can I use it?

The TM symbol indicates that a trademark application has been filed but is not yet registered. Once registered, the ® symbol is used to show that the trademark is legally protected.

Who is responsible for processing trademark applications?

The Registrar of Trademark oversees the registration process. Trademark agents or attorneys can represent you before the Registrar to ensure your application is correctly filed.

How long does trademark registration take in India?

Trademark registration in India typically takes about 6 to 12 months, depending on the complexity of the application and any opposition that may arise.

When can I file an opposition to a trademark?

You can file an opposition once a trademark is published in the Trade Marks Journal, within the prescribed time frame.

What happens if my trademark is opposed?

If your trademark is opposed after publication in the Trade Marks Journal, you must file a counterstatement to defend your application. The Registrar will then schedule a hearing to resolve the matter.

Why should I register my trademark in India?

Trademark registration provides legal protection, giving you exclusive rights to use the mark and the ability to take legal action against infringement.

What is the difference between a registered and unregistered trademark?

A registered trademark provides official legal protection and exclusive rights to its use, whereas an unregistered trademark does not have the same level of protection and may be harder to defend in cases of infringement.

How does trademark protection help my business?

Trademark protection prevents others from copying or using your brand, ensuring that your business maintains its uniqueness and distinctiveness in the market.

How can I protect my trademark from unauthorized use?

Once your trademark application is approved and registered, you can take legal action against anyone making unauthorized use of your trademark. This protects your intellectual property rights and maintains your brand value.

What are the fees for trademark registration?

The fees vary based on the type of applicant (individual, small business, or large company). Detailed fee information is available on the Trademark Registration Portal.

When does the 10-year period begin?

The 10-year validity period begins on the date of filing the trademark application, not the date of registration approval.

How long is a registered trademark valid in India?

A registered trademark is valid for 10 years from the date of registration and can be renewed for additional periods.

When can a trademark be renewed?

A trademark can be renewed before the end of the 10-year registration period, and renewals can be done indefinitely.

What happens if I fail to renew my trademark?

If the trademark is not renewed within the given time, it may be removed from the registry. There is a grace period of 6 months during which you can still renew it with a late fee.

Can a trademark be renewed indefinitely?

Yes, a trademark can be renewed indefinitely every 10 years, provided all renewal fees are paid on time and the trademark is actively used.

What is the process for renewing a trademark?

The process involves filing the appropriate renewal application and paying the required renewal fees through the Trademark Office or online via the Trademark Registration Portal.

What are some absolute grounds for refusal of trademark registration?

Trademarks that lack distinctiveness, are deceptive, contain offensive material, or hurt religious sentiments are typically refused registration under the Trade Marks Act, 1999.

How can I check the status of my trademark application?

You can check the status of your application on the IP India website by using the Trademark Status tool and entering your application number.

Who can apply for a trademark?

Individuals, businesses, non-profits, foreign nationals, and legal heirs can apply for trademarks, as long as they meet eligibility requirements.

Can MSMEs and sole proprietorships register trademarks?

Yes, both MSME Registration and sole proprietorship firms can register trademarks. Trademark registration can boost their business credibility and protect their brand value.

Can a partnership firm apply for trademark registration?

Yes, a partnership firm can apply for trademark registration. It is considered a legal entity and can register a trademark application for its brand.

What is a trademark, and why is it important?

A trademark is a sign, symbol, or brand name that represents your goods or services and distinguishes them from others. It plays a crucial role in protecting your intellectual property rights and helps establish brand value in the market.

What is the role of a trademark attorney or trademark agent?

A trademark attorney or agent assists in trademark filing, ensuring all legal requirements are met and representing clients in case of objections or oppositions.

Authors

Written by Nithya, Reviewed by Karan Mehta. Last updated on May 29 2024, 10:21 AM

Karan Mehta B.A. LLB (Hons) graduate, is an expert in IP Infringement, copyright registration, Trademark, music protection & provisional patents.

Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.