What is a Trademark?

A trademark is a distinctive sign, symbol, word, logo, or combination thereof that identifies and distinguishes the goods or services of one business from those of others. It serves as a valuable asset, protecting your brand identity and preventing unauthorized use by competitors.

 

Importance of Trademark Registration

Registering your trademark in India provides you with exclusive rights to use the mark in connection with your goods or services. It not only safeguards your brand but also enhances its market value and credibility. A registered trademark helps in:

  • Establishing brand recognition and trust.

  • Preventing infringement and unauthorized use.

  • Providing legal remedies against counterfeiters.

  • Enabling you to license or franchise your brand.

 

The Trademark Registration Process in India

Our expert legal team guides you through every step of the trademark registration process, ensuring a smooth and hassle-free experience. The key stages include:

  1. Trademark Search
    Before filing, we conduct a thorough search to ensure your proposed trademark is unique and not infringing on existing marks.

  2. Filing the Application
    We assist in preparing and filing the trademark application with the Indian Trademark Registry, including selecting the appropriate class under the Nice Classification.

  3. Examination
    The Registrar examines the application to check for any conflicts or issues. We respond promptly to any objections or queries raised.

  4. Publication
    Upon acceptance, the trademark is published in the Trademark Journal to invite opposition from third parties.

  5. Registration
    If no opposition is filed, or if opposition is resolved in your favor, the trademark is registered, and a certificate of registration is issued.

 

Duration and Renewal

A registered trademark in India is valid for 10 years from the date of application and can be renewed indefinitely every 10 years to maintain protection.

 

Why Choose Us?

  • Expertise: Our experienced trademark attorneys have a deep understanding of Indian trademark laws.

  • Personalized Service: We offer tailored legal solutions to meet your business needs.

  • Timely Assistance: From search to registration and enforcement, we ensure your trademark journey is seamless.

  • Affordable Fees: Transparent pricing with no hidden costs.

 

Get in Touch

Protect your brand and secure your business identity with professional trademark registration services. Contact us today for a consultation.

 

Frequently Asked Questions (FAQs)

1. What can be registered as a trademark in India?
A trademark can include any distinctive sign such as words, logos, symbols, designs, slogans, shapes, or even sounds that identify and distinguish your goods or services from those of others. The mark must be unique and capable of distinguishing your business.

2. How long does the trademark registration process take?
The entire process usually takes 12 to 18 months, depending on whether there are objections or oppositions during examination and publication stages. Delays may occur if third parties file oppositions or if the Trademark Office raises objections.

3. Is it mandatory to register a trademark?
No, it is not legally mandatory to register a trademark; however, registration provides exclusive rights to use the mark and stronger legal protection against unauthorized use, infringement, and counterfeiters. An unregistered mark has limited protection under common law.

4. How much does trademark registration cost in India?
Trademark registration costs include government filing fees and professional fees. Government fees generally start from ₹4,500 per class for individuals and startups and ₹9,000 for companies. Our firm provides a transparent fee structure tailored to your needs, including handling oppositions or renewals.

5. What is the difference between the TM and ® symbols?
    TM (Trademark): Used to indicate an unregistered trademark that is being claimed but is not yet registered.

    ® (Registered): Can only be used once the trademark is officially registered, indicating legal protection and exclusive rights.

6. Can I register a trademark for a product or service already in use?
Yes, you can register a trademark even if it is already in use. The trademark law in India allows registration based on use or intention to use, but it must not conflict with existing registered trademarks.

7. How can I check if my trademark is available?
We conduct a comprehensive trademark search using the Indian Trademark Registry’s database and other sources to ensure your proposed trademark is not identical or confusingly similar to existing marks, minimizing the risk of rejection.

8. What happens if someone opposes my trademark application?
If a third party files an opposition against your trademark during the publication phase, we provide expert legal representation and prepare a detailed reply to defend your application before the Trademark Office.

9. How long is a trademark valid?
A registered trademark in India is valid for 10 years from the date of filing. It can be renewed indefinitely every 10 years by paying the prescribed renewal fees to maintain protection.

10. Can a trademark be transferred or sold?
Yes, trademarks are transferable intellectual property rights. They can be assigned, sold, licensed, or mortgaged through a legal agreement, subject to registration of the assignment with the Trademark Registry.