Online Legal Consulting for Indian Startups & SMEs | Taxlegit (2024)

Overview

Trademark registration is the legal procedure by which we acquire exclusive rights over our brand elements, such as names, logos, and slogans. As business experts, we understand the inherent worth of this procedure in building customer loyalty and trust while protecting our brand from infringement and copying.

Benefits of Trademark Registration in India:

Trademark registration gives you certain rights & status in the market and your consumers. It also increases the brand value of your product as customers recognize its name. The brand can also be protected from copying once it is registered. Let us take a look at some benefits of trademark registration in India.

Exclusive Rights

Once your brand is registered as a trademark, you (the owner) hold exclusive rights to the utility of the trademark. The owner can also use the same trademark for all products or services falling under the class/classes applied.

Boosts Customer Loyalty & Goodwill

Once your brand is a registered trademark, it elevates the brand’s loyalty and maintains goodwill amongst the consumers, Furthermore, the company can also easily market its unique characteristics.

Safety against Trademark Infringement

Once your brand is a registered trademark, no business, individual, or competitor has the right to use it. If someone is found doing the same, you can take legal action on the grounds of trademark infringement.

Building a Valuable Asset

With trademark registration, you create an intangible asset and gain exclusive rights for selling, franchising, assigning, and commercially contracting your innovation.

Transforms your Product or Service

Trademark registration makes it quite convenient for customers to know and recognize your product or service. This results in customers attaching the product’s quality to the brand name, which, in turn, creates its reputation in the market and attracts new customers.

Foundation for Global Trademark Registration

If you are willing to register the trademark in a country or countries other than India, then the trademark registration in India can act as a good foundation of registration with an established reputation there.

Process of Trademark Registration

Patent Lookup

Examining the availability of a proposed trademark by performing extensive database searches. This reduces the possibility of infringement and aids in the identification of any conflicts with already-registered trademarks.

Filling Out an Application:

Helping customers prepare and submit their trademark applications to the relevant trademark office. This entails gathering the supporting documents for the application, such as the specimen of use and the classification of the products and services.

Advice on Law:

Provide professional advice on strategy and trademark law. To optimize protection and minimize risks, trademark attorneys and other professionals provide guidance on trademark selection, registration tactics, and enforcement measures.

Assisting the Prosecution:

Overseeing the correspondence and discussions with trademark investigators throughout the application procedure. This entails answering office directives and resolving any concerns brought up by the trademark office.

Through trademark services, people and companies can confidently traverse the complex world of trademark law.

Documents Required for Trademark Registration in India

The documents that are required for trademark registration in India are:

• Incorporation Certificate, if a company or LLP is to be trademark registered.
• Partnership deed, if a partnership firm is to be trademark registered.
• PAN Card, of the authorized signatory.
• Aadhaar Card, of the authorized signatory.
• Form TM-48, signed, is a legal document that permits your attorney to submit your trademark to the trademark registry on your behalf. Our professionals will prepare the papers for signature.
• The logo of the company is required to be uploaded. Please do not upload the logo in black and white to ensure all colours of the trademark are covered under the registration.
• You also need to submit the applicant’s name, business Type, business objectives, and registration address.

Procedure for Trademark Registration online in India

The trademark registration process, though online, is complicated. There are a lot of stipulations for registering a Trademark. Our experts make sure that you do not face these problems and let us handle the process. Taxlegit has assembled the procedure for your ease and understanding.

Trademark Search

It is important that, before starting, you search for trademark availability. Once you submit basic information about trademark registration, our team first performs a search to determine whether the product or service you want to register is available or not. If the trademark search is successful and is available, we move to the next step.

Class Choice

Once the trademark search is successful, you have to choose the class of trademark as mentioned above. You need not worry about this part as Taxlegit experts will help and guide you in choosing the right class based on the product or service.

Trademark Filing

Once the class is decided, you need to upload all the documents necessary to file for a trademark. The trademark registration application can be filed with the Trademark Registrar after the trademark search and class choice are completed.The application can be made online or at any of the state's five trademark registrar's offices.

Vienna Codification Process

The trademark registrar will apply the Vienna classification to the trademark based on the marks' figurative elements after the trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as "Sent for Vienna Codification.".

Trademark Objection

In some cases, the trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim.
He offers the applicant the chance to explain how the trademark meets the requirements for successful registration. The response to the trademark objection should be done within 30 days.

Trademark Opposition

In some cases, there is also a chance that a person or entity files a trademark opposition. The Registry accepts oppositions from any natural person or legal entity which can be any individual, business, partnership firm, and/or trust. Notably, the person registering the opposition does not need to have an economic interest in the case of a previously registered trademark with the Registry to file the opposition.

You have to file a counter-statement in response to a trademark opposition within 2 months. Based on the counter-statement, the registrar may dismiss the opposition or call for a hearing.

If no objections or oppositions are found, the documents and trademarkapplication submission are successful, and a Trademark Certificate is issued to your brand, providing you

Trademark Registration fees

The kind of applicant and the number of classes of goods or services you are submitting determine the fees associated with trademark registration in India.

Government Filing Fees:

• Individuals, startups, and MSMEs: ₹4,500 per class per application.
  Indian rupee symbol

• All other entities (companies, LLPs, etc.): ₹9,000 per class per application.

Additional Fees:

• Trademark search (optional): attorney fees as per the company and no official fees.

• Notice of opposition and counterstatement: Attorney fees as per trademark per class.

• Renewal fees: Paid every 10 years, vary depending on the number of classes

How to check trademark registration status

1. Online through the IP India website:

• Go to the E-Register - Main Page of the Trademark Registry of India: https://ipindia.gov.in

• On the left side of the page, click on "Trademark Application/Registered Mark."

• Choose the option "National/IRDI number."

• Enter the trademark application number you want to check (this is provided on the official acknowledgement receipt received when you filed the application).

• Enter the captcha code and click "View."

This will show you the status of your trademark application as of right now, including whether it has been registered, rejected, or approved.

2. By visiting the Trademark Registry office

Taxlegit Guide for Trademark Registration:

Taxlegit is a well-known online platform that provides thorough trademark registration services in India. It streamlines the procedure and offers knowledgeable support of people and companies looking to safeguard their brands. The following is how Taxlegit facilitates the online trademark registration procedure in India.

• Our experts apply for trademarks on your behalf, offline or online.
• Help you determine the type of trademark you should apply for.
• We take you through different trademark classes, which is imperative for your product or service, before applying.
• All the documents are collated and collected in a hassle-free manner by our team.
• In cases of trademark objection or opposition, we help you make a strong counter to the registrar.
• Experts use proper communication processes to keep you updated about the progress of the application.
• Our assistance starts from the moment you ask to register your trademark.

You can also try Trademark Registration For NGO'S with easy steps