Trademark Registration

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Trademark registration

In India, trademark registration allows an applicant to use symbols or words to symbolize a business or items that a corporation offers to distinguish the goods or services from rivals. Once a trademark is registered in India, anybody else cannot use it for as long as it is used. 

Once registered, the “TM” sign can be used with the Trademark Applicant and the brand. Even though trademark registration is an advantage for the firm in protecting the brand name, trademark registration in India is required. It is usually preferable to obtain a trademark registration under the supervision of a professional, as there are several techniques to be followed in this process, and it needs continuous government follow-up.

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Eligibility for Trademark registration in India

Trademark registrations are commonly used to protect distinctive brands, slogans, or invented terms. Individuals, companies, and non-profit organizations can all register trademarks in India. However, when filing a trademark application, each kind of person or business has its own set of requirements.

In India, the following items are eligible for trademark registration:

  • An Individual (Person): A person who does not run a business can also file a trademark application and receive trademark registration for a symbol or term that the applicant intends to use in the future. 
  • Joint Owners: If two individuals decide to file a trademark application, they should include both names.
  • Proprietorship Firms: The applicant’s full name must be included when filing a trademark application for a proprietorship business in India. However, the name of the company or who owns it is not allowed.
  • Partnership Firm: When filing a trademark application for a partnership company, make sure to include the names of all the partners. If a minor participates in the partnership, the guardian’s term as the little’s representative should be stated.
  • Limited Liability Partnership: The application for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity where each partner has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants.
  • Indian Company: When applying for trademark registration for a Private Limited Firm, a One Person Company, or a Public Limited Company, the application must be filed in the company’s name. The director cannot enforce them since they are all separate business entities. However, the Director or any official authorized by the Authority may sign and present it.
  • Foreign Company: If a foreign corporate body applies for a trademark in India, it must do so in its name, as it is registered in the foreign nation. The environment, government, and registration legislation should all be included.
  • Trustor Society: The Managing Trustee, Chairman, or Secretary representing the Trust or Society must be named if the trademark application is lodged on behalf of the Trust or Society.

Procedure to get Trademark registration in India

Here we have a simple procedure to get trademark registration in India. 

Step 1: Trademark Search: The foremost step is to perform a trademark inquiry. After that, the intellectual property website must be checked for the same score.

 Step 2: Application Preparation: In the second step, the application is prepared by the Trademark Attorney. Finally, Form 48 and TM-1 will be designed for the approval and signature of the Trademark Applicant.

 Step 3: Government Processing: Once a Trademark Application is filed, and the Government processes the application, the Trademark Status is periodically checked. In case of objection, the applicant will have to reply within 30 days.

 Step 4: Application filing: In this step, the trademark filing with the Trademark Registry is completed. The government fee for trademark registration for an applicant, startup, a small enterprise is Rs. 4500/-

 

Types of Trademark registration in India:

There are a lot of trademarks out there. Their goal is to make it easier for customers to recognize the goods and services that a particular manufacturer or service provider produces. Let’s look at the many forms of trademark registrations available in India.

 

  • Product Mark: A product mark is used on an item or product rather than a service. A product mark helps identify the origin of the product and helps maintain the reputation of the business. Trademark applications filed under Trademarks 1-34 may be called product marks because they represent goods.
  • Service Mark: A service mark is equivalent to a product mark, but a service mark represents a service rather than a product. The primary purpose of a service mark is that it helps to differentiate the proprietor from the owners of other similar services. Accordingly, trademark applications filed under Trademark Class 35-45 may be called service marks because they represent services.
  • Collective Mark: The collective mark informs the public about certain distinctive features of the products and services used to represent the collective. A group of individuals may collectively use this mark to protect goods and profits. The mark holder may be an association, or it may be a public institution or even a section 8 company.
  • Certification Mark: This is a sign indicating the origin, material, quality, or other specific details of the product issued by the owner. The primary purpose of the certification is to bring the product to standard and guarantee the result by showing customers that the standard tests have been carried out to ensure the quality of the product. Certification marks are commonly seen on packaged foods, toys, and electronics products.
  • Size mark: A size mark is specially used to protect the size of the product so that customers find it related to a specific manufacturer and prefer to buy the product. Product form can be registered when it is recognized that the product has a unique shape.
  • Pattern Marks: Pattern marks are for products with a specified, designed pattern that stands out as the distinguishing factor of the product. Practices that fail to stand out as distinctive marks are rejected. For a pattern mark to be registered, it must be unique.
  • Sound Mark: A sound mark is a sound that can be associated with a product or service originating from a particular supplier. Sonic logos are also called audio mnemonics, and they appear to be the beginning of the end of the commercial. The most popular soundtrack in India is the IPL tune.

Benefits of getting Trademark Registration:

There are many reasons to obtain a trademark registration. Nevertheless, it is essential for most companies and aspiring entrepreneurs as it serves as a critical asset. There are many benefits to getting a trademark registration and using the Services. Here are some benefits. 

  • Intellectual-Property Protection: Trademark registration provides legal protection against misuse or copying of company names or registered logos. The trademark owner gets the ownership of the trademark, which can be legally upheld in any court of law. Registering a trademark gives the trademark owner a nationwide right of that mark, legally kept in any jurisdiction. A trademark registration gives an official notice that the trademark is already owned.
  • Powerful deterrent: A trademark owner has the right to publicize their brand as a registered trademark in a way that warns others and precludes innocent infringement defenses. Once a trademark is registered, it will display in the search report, deterring other applicants from writing the same or similar mark. Assume you’re the first person to register a trademark. In that event, the National Trademark Office in New Delhi will refuse to register any Trademark that it deems confusing to other Trademarks.
  • Legal Remedies: The trademark owner can recover three times the damages from the infringer if the trademark is registered in India. The owner is presumed to be the rightful owner of the brand. When a trademark is written, the owner gains the ability to sue the abuser of power in any court. Unregistered trademarks, on the other hand, are vulnerable to legal action.

Documents Required

  • PAN Card (Of the authorized signatory.)
  • Partnership Deed (If the trademark is registered under a partnership firm.)
  • Incorporation Certificate (If the trademark is registered under a company or LLP.)

 

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