Trademark Registration
File trademark to protect your brand name / logo
Starting At: Rs. 1,499 + Govt. Fees
Trademark Registration
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Trademark Registration
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, a trademark is not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.
Trademark Registration is done through KBTM Consultants in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
What can be registered as a trademark?
Name
A name which can either personal in nature or can be the surname of the applicant e.g, the name Dhirubhai Ambani can be trademarked.
Word
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Numbers
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Images
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound
Sound marks in audio format. Forex the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
A trademark application can be made by:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’s
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Advantages of Trademark Registration
What Is Included In Our Package?
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Consultation
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Application Preparation
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Name search & approval
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Application Filing
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Same day Filing
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Government Fees
| Trademark Cost | |
|---|---|
| Trademark Search | Free |
| Trademark Consultancy on Class and Availability | Free |
| Government Fees | Rs 4,500 |
| GST | Rs. 270 |
| TM Application Filing + Drafting (Our Fees) | Rs 1,499 |
| Total Cost | Rs 6,269 |
Procedure For Trademark Registration
You need to fill our simple online trademark application form & submit documents.
To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Depending on the nature of your products, we shall suggest the appropriate class among the 45 classes
We create your Trademark application in 3 days and get your TM number
Your trademark is registered in 1.5-2 years if no competitor objects to your trademark application
Steps In Trademark Application
Step 1 : Trademark search (1 day)
KBTM Consultants checks trademark availibity or checks brand name availability on the behalf of their clients to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks at KBTM Consultants.com/trademark-search. Because being exclusive do matters. This ensures that there are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.
Step 3 : Trademark application submission (1 day)
Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the
TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
Documents needed for Trademark Registration
Before preparation of the documents it’s important to get an authorization letter that is appropriately signed by you, which enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents which are required to apply online. Soon, you receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you are required to provide are as follows:
- Proof of Applicant
- PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Notes
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Identity and business proofs: The trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card, or Voter’s ID.
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Using Logo with Tagline: If a trademark application is prepared for a tagline with only words, then there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
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Brand Name & Logo: The logo must have the brand name.
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User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
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Proof of TM use: To demand specific user date, documentary proof like invoices, registration certificates, etc. with the brand name must be given.
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MSME or Start-up Recognition: A partnership firm or Corporate entities can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
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Signed Form TM – 48: M-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by LW professionals for the signature.
Trademark Objected
If a Trademark is registered and the status is shown as “Objected”, then this indicates that the authority has received 1or more objections on the trademark, this can be because of duplication of an existing registered trademark or else the trademark is offensive and there can be various other reasons in the case of a trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you are required to give proper evidence and prove the uniqueness of your Trademark.
In Section 11, the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When there is an objection, then the candidate required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.
Trademark Renewal
Just applying for a trademark registration won’t work for the long-term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.
Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
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Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
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Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
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Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal leads to a lapse in legal protection in the case of “Brand name”.
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Monetary Returns: A trademark owner has the particular rights to allot or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.
Renewal Process and Forms
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The application of renewal is done in form TM-12
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The application can be executed by either the registered owner of the trademark or an agent approved by him.
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You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
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Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.
Validity of a registered trademark
Once a trademark application is registered in the Trademark office or online, then the candidate can begin applying the TM symbol on products or the services, and if the trademark is registered then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
Trademark Symbols And Their Usages
- “R” Symbol: You receive the R symbol the moment you file the trademark application for registration. This type of symbol assists protects the trademark from getting copied by others.
- “TM” Symbol: This symbol is for unregistered trademarks. It informs others from copying your logo, name, or symbol. It does not give you copyright protection, and others can apply your logo or name in case your application gets denied.
- “C” Symbol: The C symbol stands for contents that do not have any copyright issues. The symbol is necessary for many countries for copyright claims.
- “SM” Symbol: The service industry applies this symbol. The symbol is suitable for classes from 35 to 45. It never assures protection upon copyright issues.
Important things know about the Online Trademark Registration
Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.
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Updates as on December 21, 2020
- December 21, 2020, ISKCON had approached the court against Vishna Foods, that owns store by the name of ‘Annakoot’ and sells its food product under the name of Annakoot Iskcon.
- December 17, 2020, Britannia Industries Ltd has filed two cases in the Delhi High Court against rival ITC Ltd for alleged infringement of its product packaging trademark by using similar design for ITC’s new biscuits.
- December 03, 2020, The Department for Promotion of Industry and Internal Trade (DPIIT) inked the MoU on Tuesday with the United States Patent and Trademark Office (USPTO). The union Cabinet had, in February, given the approval for signing the MoU.