Trademark REGISTRATION in India

A Trademark is an important Intellectual property right. It identifies or distinguishes you from the others. Trademark can be a name, logo, shape, trade dress, sound and smell, basically anything which identifies the source of origin for goods or services.
Trademark may be defined as any mark which is used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between goods and some person having the right as proprietor to use that mark.

In layman’s term Trademark is also known as Brand name registration. Trademark registration in India has now become very important as many online buyers and sellers websites such as Amazon, flipkart , snapdeal has made it mandatory to register of any account shall have a trademark application filed in India. Apart from this Trademark has now made mandatory for filing of liquor license and as well as medicines print labels.

What is the function of Registered Trademark?
The function of a registered trade mark is to give an indication to the purchaser or a possible purchaser:
a) As to the manufacture or quality of the goods.
b) Trade source from which the goods come.
c) The trade hands through which they pass on their way to the market.

Requirements of Trademark registration :
It is an important to collect the below listed information which would be required for filing the Trademark Application form for trademark registration.
1. Name of the Applicant – Applicant is basically any person or legal entity that claims the ownership of the Trademark applied, A trademark can be applied by anyone be it individual/company/proprietor/NGO/Trust/Hindu-undivided family/proprietorship firm/trust/partnership or Limited liability partnership. In case of joint applicants/partnership details of all the applicants/ partners.
2. Address of Applicant(s) filing the application.
3. Nature of the entity filing the application (individual/proprietor/partnership firm/ company/ HUF/ LLC).
4. Nature of products/services for which the logo/ mark is used- try to be as specific as possible. Products and services specified decides the category of the Trademark application.
5. Nature of your business (Manufacturer/ Trader/ Service provider).
6. If the mark is already in use then the approximate date since when the mark has been in used in India.
7. If the trademark has already been used , this use must be supported by supporting documents that can be invoices having the trademark name, website details, marketing listings, pamphlets, new paper advertisements etc. basically any document that has the brand name or trademark details along with date is applicable and admissible proof.
8. A copy of the mark/logo (preferably soft copy) for which trademark is sought.
9. A signed Power of Attorney or Letter of authorization (Form TM-M-Previously known as TM-48) on Stamp Paper in favour of the Trademark Agent/ Advocate.
-  To check your trademark category please check our Trademark Class Details. (With Company360 we will search & suggest appropriate class for your product/service.)


Benefits of Trademark registration:
-  It distinguishes you with others.
-  Trademark develops as your brand .
-  It markets your goods/services.
-  It makes easy for your customers to identify you.
-  A registered trademark gives you a legal right where you can protect your goodwill from free-riding. A registered Trademark is also protected by various online portals such as Amazon and Flipkart they have a special system to identify the trademark known as brand registry through which you may register your trademark on their portal and stop your knock off competitors. This boosts your sale online and also creates a good consumer base.
-  A trademark is not just a mark it is a valuable asset. Brand value is most important asset for any company, it adds up company’s valuation and sales.

PROCESS OF TRADEMARK REGISTRATION IN INDIA
Step 1: Filing of an Application
Step 2: Examination of the Application
Step 3: Publication of the Application
Step 3.1: Opposition by Third Party (if that happens). Trademark opposition is not Trademark objection and has completely different process. You may refer details about Trademark opposition here
Step 4: Trademark Hearing before Registrar
Step 5: Registration of Trademark

Trademark registration process has been changed a lot after the introduction of new trademark rules 2017 by the government of India. Quick summary of these changes the new rules have distinguished the applicant into three main categories:

1) Individual/sole proprietorship
2) SME/Startup
3) Body corporate

Not only we have three applicant types but fees and requirements for each of the categories has also been changed, now the Government fees for Trademark application i.e TM-A is Rs 4500 in case of Individual/sole proprietorship and SME/Startup and Rs 9000 for Body corporates- be it LLP, Partnership firm , Private limited Company or One person Company or NGO/Trust etc.

In case you are a new company and want to file Trademark application on your company’s name, you may now have to shell out Rs 9000 from your pocket apart from the professional fees.

In order to save this money, you may try to get your company register under start-up scheme or MSME Registration. Learn how you can save this money with expert post on Udyog Aadhar the Udyog Adhaar is also known as MSME certificate and UDYAM Adhaar. Please note there is no Government fees for registration of MSME certificate or udyog adhaar.

In case you are able secure the startup registration certificate and udyog adhaar you will be able to file the Trademark on your company’s name that too at half of the cost i.e Rs 4500. Learn more about New Trademark Rules for 2017 here.

Our Trademark Registration Package includes below listed services

Trademark Search Report
+
Trademark Application Filing.


At a very small Price of Rupees: ₹6500

Easy Process, Timely Update & No hidden cost - unlike others !
info@company360.in or call +91 964 334 0938

Our Trademark Registration Package (with Logo) includes below listed services

Trademark Search Report
+
Logo Design (3 variations and 3 iterations for Rs.1500)
+
Trademark Application Filing.

At a very small Price of Rupees: ₹9000

Easy Process, Timely Update & No hidden cost - unlike others !
info@company360.in or call +91 964 334 0938



Common questions about Trademark Filing in India?

Q. Do I need to provide my PAN and Adhaar card for Trademark Registration?
A. No, for Trademark registration we only need Name, address, date of use or Logo (if any) for Trademark filing.

Q. What documents I need to provide for proving date of use?
A. 1. At least one document to show use of the subject trademark on earliest date for commencement of use
     2. Domain registration and renewal receipt, if any
     3. Other registration documents with govt. or local authorities e.g.
         a. Municipality
         b. Tax authority
         c. Any other govt. authority
         4. News articles/awards/recognitions
    5. Invoices issued by us for any services (preferably 2-3 from each/alternate months of each year)
    6. Invoices or Receipts issued to us for any goods/services
    7. Advertising material and expenses, if any
    8. Income tax return filings
    9. CA certificate to show revenue of the goods/services with the subject trademark till date for each financial year in table format
    10. Any other documentary evidences for the commencement of use of the mark in business connection

Q. I need to register my brand on Amazon and other online portals, can I do the same once my mark is applied?
A. Yes, you can register on various online portals, with your Trademark application number and Trademark filing receipt.

Q. Do I need to have GST number in case I want to file Trademark on my Proprietorship firm name?
A. No, you may directly file for a Trademark on your own name, GST registration for filing a Trademark is not necessary.

Q. How long will it take for my Trademark to be filed?
A. Your Trademark application will be filed within 1 day from date of receipt of documents. However, Trademark registration may take anywhere between 6 months to 2 years to register depending upon the Trademark objection raised (if any).

Q. What Trademarks are good Trademarks or brand name?
A. It is advisable for any individual or company to select a Trademark that only gets quickly registered but also is safe in long run. One must try to opt for a name as trademark i.e coined, unique , non-dictionary word.
For example, GOOGLE, SNAPCHAT, FACEBOOK etc. all these brands do not have any meaning or relation with any service they provide.
Such names makes good trademark and safe marks that can be protected easily not just in one country but many countries.

Q. Is the Trademark search chargeable?
A. No, we at copany360.in do not charge for conducting Trademark search.

Q. I checked my Trademark online, it is available, do I still need to search?
A. As, Trademark search is very crucial for swift Brand registration and many people do not conduct phonetic search, it is always advisable to take professional help for conducting Trademark search before opting for Trademark filing.

Q. How much time does it take to have Trademark application number?
A. Once you send us the signed documents, we at company360 provide you with Trademark acknowledgment same day.

Q. I need to start my Online store at Amazon and Flipkart, do I need to register for Trademark?
A. Yes, now its is advisable to register your Trademark before listing it to any online portal.

Q. What I must give to amazon and flipkart in order to list my products?
A. You are required to give them Trademark acknowledgment receipt along with E-register copy.

Q. My brand name is registered on my name and my GST tradename is different, Amazon is not allowing my Listing, what I can do now?
A. This is a key thing to keep in mind before filing any Trademark application in India, in case you are registering a brand name on any online portal, it is important to given exact word by word same details as given on your GST registration in order to avoid such conflict. In case you have made some mistake, you may proceed to file TM-M form so that you may change the details in your Trademark application.

Q. I have a Logo having my brand name on it, can i just file one application for amazon seller registration?
A. No, in case you are an online seller, it is better to register logo separately and brand name separately. As amzon seller registration puts brand name as it is as filed in Trademark application.

Q. Do I need to register for Trademark for applying food license?
A. No, you don't need Trademark registration for applying food license.

Q. Do i need to register Trademark for registering on Swiggy or Zomato?
A. It is recommended but not necessary to register a Trademark before registering your brand on these online platforms as it will help you save your brand from being copied by your competitors and on the basis of your trademark application number, you can ask these online platforms to take action against the person or company misusing your brand name.

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