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Trademark Registration In India

Protect your brand and secure trademark registration easily in just three straightforward steps with Innovative Taxation

We conduct comprehensive searches in the trademark directory and provide guidance on trademark classes.

Our team of experts will collect and verify the required documents, and handle the filing process.

Once the application is submitted, you can start using the TM symbol, and we will keep you updated till the registration process is finalized.

Trademark Registration in India - A Comprehensive Overview

Trademark registration in India involves the process of obtaining legal protection for a distinct identity that differentiates your company, product or service from others. It establishes the intellectual property and intangible assets of your business. By registering a trademark in India, you protect the investment you have made in building trust and loyalty among your customers.

Furthermore, trademark registration in India entitles you to take legal action against those who try to copy your trademark. It also prevents others from using a trademark similar to the one you have registered.

What Can You Register as a Trademark?

Various aspect of your brand image can be registered as trademarks. When applying for a trademark in India, consider what aspect of your brand really stands out to your customers. Select that specific aspect for registration.

  1. Name
  • Product Name: You can register a specific product name as a trademark. For example, Apple’s iPod is a trademarked product name.
  • Business Name: Registering your company name as a trademark is a common practice among businesses. For example, Bajaj.
  • Person’s Name/Surname: If your name plays a significant role in generating revenue, you can even trademark it! Shah Rukh Khan has trademarked his name.
  • Abbreviation: An abbreviated form of a company or brand name can also be registered as a trademark. BMW is an example.

2. Logo / symbol: It is highly recommended to trademark a logo as it represents your brand. Customers can remember the logo more easily than the name. A prominent example of brand registration in India is the iconic ‘Swoosh’ by Nike

3. Tagline: If you have a tagline for your brand, you can go ahead with trademarking it as well. A tagline describes what your business stands for. For example, KFC’s “It’s Finger Lickin’ Good.”

4. Other options:

  • Color Mark: Online trademark registration allows you to register a single color or combination of colors as a trademark. For example, Cadbury has trademarked the color Royal Blue.
  • Sound Mark: Musical notes or distinct sounds can be trademarked through online trademark registration, provided they can be proved to be unique. Nokia has trademarked its signature tune.
  • Cent Mark: Even cents can be trademarked through online trademark registration.

Why is trademark registration important?

Trademark registration holds vital importance for businesses due to the following reasons:

  • Establishing a Unique Identity: Trademark registration showcases the unique identity of your brand, differentiating it from competitors. This helps in building a strong and recognizable presence in the market.

  • Building Trust and Loyalty: By securing a registered trademark, you build credibility and trust among customers. This assures them of the quality and consistency associated with your brand.

  • Legal Protection: Trademark registration provides legal protection and exclusive rights to use your brand identity. This enables you to take legal action against any unauthorized use or infringement, protects your brand from counterfeit products and copycats.

  • Valuable Business Asset: A registered trademark becomes a valuable asset for your business. It holds intrinsic value and can be leveraged for future expansion, licensing, franchising or selling of your brand.

  • Prevention of Unauthorized Use: With trademark registration, you have the power to prevent other people from using the same or similar trademark. This acts as a deterrent, reducing the risk of confusion among consumers and preserving your brand’s reputation.

Trademark Class

Trademark registration in India involves classifying goods and services into specific classes. Selecting the appropriate classes is important because they determine the validity of your trademark registration for your business’s products or services. If your business operates in multiple goods or services falling in different classes, it is important to ensure that you can apply for a trademark online under all the relevant classes.

Here are some popular trademark classes in India:

Class 9: This class includes computer software and electronics.

Class 25: This class includes clothing.

Class 35: This class includes business management and advertising.

Class 41: This class includes education and entertainment.

If your business falls within these trademark classes, the competition for the trademark may be high. However, what really matters is the uniqueness of your mark.

How to Register a Trademark in India with Innovative Taxation

Registering a trademark in India can be a complicated process, involving various steps and government procedures. At Innovative Taxation, we simplify the process for you, breaking it down into the following steps and handling most of the work. Protect your company logo, slogan and brand by registering a trademark today.

Step 1: Trademark Search
Provide us with basic information about the trademark you wish to register and the industry you operate in. Our experts will conduct a comprehensive search in the trademark database to determine whether the desired mark is available for registration.

Once the available trademarks are selected, we proceed to the next step.

Step 2: Class Selection and Document Collection
The next step is to select the appropriate category(s) for your business. Don’t worry too much about this, as our experts will guide you in selecting the right classes to cover all aspects of your business. Meanwhile, you can start uploading the required documents (listed below) for online trademark application in your dashboard.

Step 3: Trademark Application Filing
After you upload all the required documents, our team will verify them. We will then fill and submit the Trademark Application Form on your behalf along with supporting documents. Our team makes sure that your application is accurate and free from errors.

Through this process, we will keep you informed until the registration is complete with the Trademark Registry and will monitor any notices. Once the application is submitted, you can start using the ™ symbol.

Step 4: Trademark Objection (in some cases)
In some cases, the examiner may have questions or concerns regarding your application. You will receive a trademark objection notice, and you must respond to it within 30 days. Our experts can help you prepare a strong response including necessary documents and evidence.

Step 5: Trademark Opposition (in some cases)
There is a possibility of a third party opposing your trademark application. If this happens, you must submit a counter-statement to the registrar within 2 months, explaining why the opposition is invalid. Depending on your answer, the Registrar will either dismiss the protest or schedule a hearing.

Trademark Objections

In some cases, the Trademark Examiner may identify issues or concerns regarding the registration of the trademark. These issues may include filling out an incorrect online trademark application form, providing an incorrect name/description, using misleading or offensive words, insufficient information about the goods or services, or the existence of a similar or confusingly similar mark.

When an objection is raised, the status on the register will be marked as ‘Objection’. To address the objection, a well-crafted response should be filed, analyzing the objection and including necessary supporting documents and evidence. The objection response presents an opportunity to strengthen your claim on the mark and create a sense of urgency.

If the response is accepted, the application will proceed for further processing including brand registration and advertisement in the Trademark Journal. However, if the response is not accepted or if the examiner requires additional clarification, a trademark hearing may be scheduled, and you will be notified accordingly.

The entire process from initial objection usually takes around 2-4 months. While approval is not guaranteed, the chances of approval are quite high once the objection is resolved successfully.

Trademark Opposition

On the other hand, a trademark opposition is a legal proceeding initiated by a third party to prevent the grant of a trademark application. The opposition is filed in writing, in the form of a notice, with the Trademark Examiner. The opposing party believes that your trademark may potentially affect their own trademark rights or interests. If the examiner finds merit in opposition, they will send a notice to the applicant, who will have to file a counter statement with the Registrar within 2 months.

If the Registrar determines that the counter statement adequately addresses the opposition, they may dismiss the opposition. Alternatively, if the Registrar considers that there are other aspects to be considered, a hearing may be scheduled. During the hearing, both the parties will present their side before the registrar. After the hearing, the Registrar will make a ruling on the validity of the application or opposition. An appeal may be made to the Intellectual Property Appellate Board within 3 months of publication of this decision.

Documents Required for Online Trademark Registration in India

While registering a trademark online, the following details need to be provided initially:

  • Name of Applicant
  • Type of Business
  • Business Objectives
  • Name of Brand/Logo/Slogan
  • Registration address

The documents required for the registration process are as follows:

  • Signed Form-48
  • Identity proof of the signatory
  • Address Proof of Signatory
  • Business proof (varies depending on the type of business)
  • Udyog Aadhaar / MSME Registration Certificate (Optional)

Why Choose Innovative Taxation for Online Trademark Registration?

At Innovative Taxation, we provide several benefits for your online trademark registration:

  • Comprehensive Trademark Search: We conduct a thorough search of the trademark directory to ensure the availability of your desired trademark.
  • Expert Assistance: Our team prepares the required authorization letter and handles the filing process on your behalf, saving you time and effort.
  • Guided Class Selection: We provide expert guidance in selecting the appropriate classes for your trademark application, ensuring comprehensive protection for your business.
  • Application Submission: We handle the entire process of application filling and submission to the Registrar, ensuring accuracy and completeness.
  • Constant Updates: Through the trademark registration process, we keep you informed with regular updates, ensuring transparency and peace of mind.
  • Exceptional Support: Our dedicated team provides best-in-class support at each stage of the online trademark registration process. We are here to solve all your queries and provide prompt assistance.

Choose Innovative Taxation for a seamless and efficient online trademark registration experience.

Trademark Registration #1

Trademark Registration In India - An Overview

This is the overview content for trademark registration in India.

Why Is Trademark Registration Important? Why Is Trademark?

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