Trademark Registration Online

 Trademark Registration

A Trademark Registration Online is a unique identifier that provides uniqueness to your product or service in a way that stands out from the rest in the business market. This unique identity is often a logo, photograph, slogan, smell, word, sound, graphics or colour combination, and so on. For what reason your product or service attracts the consumers, hold that and play within the Market! Register Trademark in India to guard your distinct identities with Kanakkupillai experts!


Importance of Trademark Registration

Business Opportunity

A product or service that has been marketed under a registered trademark aids in building up trust, quality, reliability, and goodwill in the customer’s mind. It provides you with a singular identity compared with other sellers particularly once you trade it on online platforms like Flipkart, Amazon, and so on.

A Legal Protection

No one can use your registered trademark and just in case if you doubt anybody to business that your trademark is being copied, you'll file a case legally and sue them for registering your brand name, logo, or slogan.

Obtain your Unique Identity

Customers usually identify a specific service or product only with their name. Hence by registering a trademark it assures that competitors shouldn't use it and your trademark remains as a company’s unique asset for an extended time.

An Asset

The trademark is considered a valuable asset as it creates a brand name and succeeds in it. And it can be contracted, traded, and franchised in a commercial manner.

Global Filing of Trademark

A trademark that is filed and registered in India can also be registered in other countries too. Likewise, foreign brands or companies can also file a trademark registered in India.

Documents required to Register a Trademark

Proof of Applicant

PAN Card and Address Proof of Applicant.

Certificate of registration (other than an Individual applicant)

Proof of TM Use

To claim a selected user date, documentary proof like invoices, registration certificates, etc. with the brand name should also be provided

Brand Name & Logo

The logo must contain the name applied to register a Trademark

MSME / Start-up Recognition

Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee

User Affidavit

If a specific user data is to be claimed, the user affidavit is also required to be submitted

Signed Form TM - 48

TM-48 may be a legal instrument that permits the attorney to file the trademark on your behalf with the trademark registry. The document is going to be prepared by LW professionals for the signature

What is the Procedure for Filing the Trademark Registration?

The procedure for filing the Trademark registration is mentioned below:-

Step-1-Search For Mark Availability (TM Search)

Before applying for trademark registration, it's advisable for an applicant to look (to check whether the trademark is exclusive or almost like the registered mark.

For an equivalent, an applicant can continue the MCA website and may search the respective mark by doing a public search. Additionally, all you would like to try to to is to settle on your class and search the web database

Step-2-Selecting A Unique Trademark (Class)

Before filing for a trademark application, an applicant must choose a singular and distinctive mark that has got to vary from registered ones.

Secondly, it is important to identify to which class an applicant belongs. At present, there are 45 classes of goods and services under which the trademark can be registered.

Note-Classes 1-34 are for goods and classes 35-45 are for service.

Step-3-Filing The Trademark Application

While filing the trademark application, an applicant can file for a trademark under “one” class i.e. Trademark registration is often done just for the precise class that an applicant has chosen. For that, you've got to fill in Form TM-1.

The second option is to file for multiple classes or series trademark, or collective trademark. For the same, an applicant has to fill in Form TM-A This form allows you to register the trademark beyond one class. For filing the application, the user has to register for logging in. If the user is already registered he can log in using the prevailing User ID and Password.

Step-4-Payment Of Requisite Fee

The fee payable for the filing of form TM-1 is rupees 3,500.

For Form, TM-A-The fee for filing form TM-A is classified into 2 structures-

• Rupees 9,000-If an applicant isn't a start-up, small enterprise, or a private an applicant will need to pay Rs 9,000 for e-filing of the shape or Rs 10,000 if an applicant files the form physically.

• Rupees 4,500-If an applicant is an individual, small enterprise, or a start-up then an applicant will fall under this fee structure and Rs 4,500 is the charge for e-filing of the form or Rs 5,000 if you file the form physically.

An applicant shall take into consideration all the factors that are necessary before filing the Trademark application. A single mistake may lead to the rejection of the application.

Step-5-Submission Of Trademark Application

An applicant can submit the application on their own or by an agent. In the case of Online Submission, confirmation of submission is going to be done immediately. However, in the case of physical submission, it may take to 15-20 days.

Step-6-Examination By The Registrar

Once the appliance is submitted, the Registrar will verify whether an applicant has followed the requisite criteria i.e., the mark name complies with, the prevailing law.

Step-7-Reply To Examination Board In Case Of Discrepancies

While examining the appliance, the authority can raise objections or invite further clarification. For the same, the applicant needs to be careful while replying to the query and the response must be supported by legal interpretation and reliable judicial decisions.

Step 8: Publication Of Mark In Indian Trademark Journals

Once the examination is done by the Registrar; the Register Trademark in India will publish the applied brand name in the Indian Trademark Journal. After publishing the mark, there shouldn't be any opposition within 3-4 months in some cases, from the date of publication. If no inquiry is raised, then the proceedings initiated towards the acceptance.

Step 9- Issuance Of Certificate

If no opposition is raised within the stipulated period of 90 days. The registrar will accept the trademark application. The Registrar issues the Registration Certificate with the Trademark Registry seal.

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