Registrations
Trademark registration
A trademark is your brand name, logo, slogan or label that tells customers your goods or services are yours. Registration under the Trade Marks Act, 1999 gives you the exclusive right to use the mark and to stop others from copying it. ISPEED runs a search, prepares the application in the right class and files it with the Trade Marks Registry.
What you get
- Trademark search before filing
- Advice on the right class or classes
- Application prepared and filed in Form TM-A
- Filing receipt so you can start using the TM symbol
- Reply to examination report, if one is issued
- Registration certificate when the mark is registered
For whom
- Businesses with a brand name, logo or slogan worth protecting
- Startups and MSMEs, who pay a lower government fee
- Sellers who need a registered brand for marketplaces
Time
Filing in 2 to 3 working days; registration usually 12 to 18 months
Professional fee
From Rs. 4,500
per class, plus government fee of Rs. 4,500 (individual, startup, MSME) or Rs. 9,000 per class. Plus GST at 18 percent on the fee.
What it is
A trademark, commonly called a brand name, is a visual sign that can be a word, signature, name, device, label, numeral or combination of colours, used on goods or services to distinguish them from those of another business.
To be registered, a mark must be capable of being represented graphically, that is on paper. It must be able to distinguish your goods or services from those of others. And it must be used or proposed to be used in the course of trade to show a connection between the goods or services and the person who has the right to use the mark.
Goods and services are divided into 45 classes. The application is filed in the class or classes that match your business, and the government fee is charged per class. Individuals, startups recognised by DPIIT and MSMEs with a Udyam certificate pay a lower government fee.
Benefits
- Gives your goods or services a unique identity and brand.
- Builds trust, goodwill and a sense of quality in the minds of customers.
- Creates intellectual property, an intangible asset that can be valued, licensed or sold.
- Serves as the basis for filing the trademark in other countries if you expand.
- Only the owner of a registered trademark can sue for infringement and claim damages. An unregistered mark has only the weaker remedy of passing off.
What happens after filing
Once the application is filed you can use the TM symbol next to your mark. The Registry examines the application and may issue an examination report with objections, which need a written reply and sometimes a hearing. If accepted, the mark is published in the Trade Marks Journal and third parties have four months to oppose it.
If there is no opposition, or the opposition is decided in your favour, the registration certificate is issued and you can use the R symbol. Registration is valid for 10 years from the date of application and can be renewed every 10 years without limit.
How it happens
- 01
Search and class selection
ISPEED searches the trademark register for identical and similar marks and advises on the class or classes to file in, so that the application has a good chance of acceptance.
- 02
Submit details and sign the authorisation
You share the mark, the owner details and the goods or services it covers. You sign Form-48, which authorises ISPEED's attorney to file and follow up the application with the Trade Marks Registry on your behalf.
- 03
Application filed in Form TM-A
The application is reviewed and filed online with the government fee. You receive the filing receipt and application number the same day, and you can start using the TM symbol.
- 04
Examination, publication and certificate
ISPEED replies to any examination report, attends the hearing if one is fixed, and tracks publication in the Trade Marks Journal. When the mark is registered, the certificate is sent to you.
Documents you will need
- Form-48, which authorises an attorney to file the trademark application on your behalf with the Trade Marks Registrar
- The logo in JPEG or PNG. If the application is for a word mark, no logo is needed. A logo filed in black and white protects the mark in every colour.
- Identity proof such as passport, driving licence or Aadhaar of the trademark owner or the person authorised by the owner
- For a company, LLP, partnership or other registered body: the certificate of incorporation, partnership deed or registration certificate
- Udyam certificate or DPIIT recognition certificate, if you want the lower government fee
Documents checklist
Trademark registration
0 of 8 ready
Questions
How long does trademark registration take?
Filing takes 2 to 3 working days once the documents are ready. After filing, examination, publication and registration usually take 12 to 18 months if there is no objection or opposition. You can use the TM symbol from the day of filing.
Should I register the word or the logo?
If your budget allows only one, a word mark protects the name in any font or design. A logo mark protects the design as filed. Many businesses file both as separate applications.
What is a trademark class?
Goods and services are grouped into 45 classes under the Nice classification. Your mark is protected only in the classes you file in. A restaurant, a clothing brand and a software company file in different classes.
Can I use the R symbol after filing?
No. The R symbol may be used only after the registration certificate is issued. Using it earlier is an offence. Use TM after filing.
How long is a registered trademark valid?
10 years from the date of application, renewable every 10 years for as long as you keep using the mark.
What if someone objects or opposes?
An examination report from the Registry needs a written reply within the time given. An opposition from a third party after publication starts a hearing process. ISPEED handles the reply and represents you, and quotes separately for contested matters.
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You get the all-in price, the government fee for your state and the list of documents the same day. Then you decide.