A trademark is a unique visual symbol which is used by an establishment to distinguish itself from the others of the scenario. A Trade mark can be a word, name, device, slogan, photograph, graphic, label, numerals, colour combination, sound or even smell used by a business to distinguish or differentiate its goods or services from those of others which are originating from a different business.
A registered trademark is intellectual property owned by a business entity. A registered Trademark is used by a business to protect the company's investment in the brand or symbol. Owners of trademarks have exclusive rights to categorise their company and use under the categories they are registered in (there are a total of 45 categories, called and they are named as classes).
Trademark registration enables owners to easily establish their right and property among the public. A Trademark can be liable mark your company in the court at the time of any legal proceedings and earn royalties. A Trademark can also be used for a company to set its standards among the public which gives them a classy feeling at the render. It also deters piracy and prevents similar company names from being registered by other businesses.
Among all the words which are being mentioned above, ™ is the most common word which is being used frequently by owners of the brand.
Any person or business claiming to be owner can apply for a trademark including:
* Individual
* Company
* Proprietor
* Society
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
Product |
Service |
Shape |
Pattern |
Collective |
Certification |
Sound |
Colour |
Word |
Numbers |
Device |
Packaging |
TM Registration Cost
at Just Rs. 7,000*, No hidden charges.
Registration Time
Start using TM/SM in 3 Days.
Documents Required
Only 2 Simple Documents are needed.
Trademark application is made under 45 different classes as per the NICE classification for trademark. Each of the trademark class represents a distinct set of goods and services. While filing a trademark application, the class of goods and services to which the trademark pertain must be mentioned in the application. It is important to choose the right class of trademark while filing the application as wrong classification of trademark could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.
Trademark application can be filed in more than one class, if the activity of the business involves diverse goods or services falling under different trademark classifications. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under a different class. Hence, filing of trademark application under one class does not provide complete exclusivity over use of the mark. Trademark only provides exclusivity for use of the mark with respect to the class of goods or services for which the trademark is registered. Use the trademark class finder tool to find the correct trademark class for your goods or service from over 8000 goods and services.
| Trademark Search : | Free |
|---|---|
| Trademark Consultancy on Class & Availability : | Free |
| Government Fees (For Individuals) : | Rs. 4,500 |
| Stamp Duty : | Rs. 500 |
| TM Application Filing + Drafting (Our Fees) : | Rs. 1739 |
| Service tax : | Rs. 261 |
| Total: | Rs. 7000 |
| Trademark Search : | Free |
|---|---|
| Trademark Consultancy on Class & Availability : | Free |
| Government Fees (For Companies) : | Rs. 9,000 |
| Stamp Duty : | Rs. 500 |
| TM Application Filing + Drafting (Our Fees) : | Rs. 1739 |
| Service tax : | Rs. 261 |
| Total: | Rs. 11,500 |
Trademark RegistrationVenture-Care can apply for your trademark registration in 30 Minutes. Get Started |
How do we prepare for the ApplicationOur Trademark Expert will prepare the trademark application for your business based on your requirements and information. We will prepare your application based on the information provided. Get Started |
Trademark FilingOnce, the trademark application is prepared and signed by you, we can file it with the Trademark Registrar immediately. Once, the application is filed with the Registrar you can start using the TM symbol. Get Started |
Trademark RegistrationOnce the trademark application is filed with the Registrar, the Government processing will start. We will provide trademark application status tracking through SMS, Email and iCFO Platform. Get Started |
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.
Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives a unique image of the company, brand or individual that separates the product or services of one trader from the other. Anything that gives a distinct identity to the product and services which thereafter distinguishes one trader from the other.
Idea, state flags & hallmarks, process, similar existing marks, generic words cannot be trademark as they fail to meet the minimum requirements for the trademark registration.
Goods are tangible products, Like computers and bottles.
Services are activities performed for the benefit of someone else, such as IT services or catering.
Yes, foreigners can apply for trademark in India. India has declared certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, may within six months of making an application in the home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.
No, Trademark, copyrights, and patents are not the same things. However, Trademark, Copyright, and Patents are
often confused to be the same. Although each one is used to safeguard intellectual property rights, they are fundamentally
different from each other and used for different purposes.
Copyright - Protects an original artistic or literary work
Patent - Protects an invention
Trademark - Protects brand names and logos used on goods and services
Yes. Your logo is part of your brand to identify your business and consists of a design that is generally used by you and your company on your products or printed materials related to its services. It's important to protect that brand, and by extension, the logo that represents it. The logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters.
Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
The ® mark can be used the application gets approved from the government. Generally it takes about 8 months to 2 Years for a TM to be approved.
Yes, single trademark application can be filed for different classes services but the fees for filling in each class is increase every time just like you have filed a single application for one trademark.
No, Trademarks have to be registered in individual countries, depending on the legislation.
A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.
