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Designed or thought of a unique identity for your brand? Then register it to protect it from being copied by anyone else. Filing a trademark application is the process that can help you protect your brand/business's unique identity.
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What Is Trademark Registration?
Trademark registration is the legal lock that secures your brand's name, logo, slogan, or any other unique identity of your product or services from any other company or person copying them. After this registration, you get the legal rights and ownership of the specific name, logo, and slogan, and you can take legal actions against everyone else using or trying to use it without your permission.
In todayâs competitive and expanding economy, protecting your brand identity has become very necessary. World Intellectual Property Organisation (WIPO) has reported that over 2.8 million active trademarks, with nearly 200,000 new applications, are being filed each year, showing the need to protect your brand identity.
Apply for trademark online with Legal Infinix and get your brand trademark registration online fast with our professional services.
Who Can Apply For Trademark In India?
There is no specific criterion or necessity to apply for a brand registration in India if you want to protect your unique idea, logo, name, or slogan from any misuse; you have to trademark it.
| Applicant type | Who They Are |
|---|---|
| Individual | A single person, even without a registered business |
| Sole Proprietor | One-person business owner |
| Partnership Firm | Two or more partners running a business |
| Company( Pvt Ltd/ Ltd/ OPC) | Incorporated legal entity |
| LLP (Limited Liability Partnership) | Business registered as an LLP |
| Trust/ Society/NGO | Non-profit or charitable organization |
| Joint Owners | Two or more people co-owning a brand |
| Foreign Applicant | Brand owner from outside India |
Call Legal Infinix for the best trademark registration services in India to apply for trademark online!
Why Register Trademark Application Important?
Trademarking your business name, logo, slogan, or any other identity is important for your brand value protection. These are some of the benefits you will get from brand trademark registration:
Secure Brand Ownership
- It gives you the right to use the brand identity in the marketplace exclusively.
- Provides rights to solely use the logo, name, or slogan for specific goods/services.
- Prevents Competitors from using identical or deceptively similar marks.
Legal protection
- This provides you with legal protection to defend your brand.
- Provides a statutory protection under the Trademarks Act, 1999.
- Creates a legal presumption of ownership, reducing the burden of proof in disputes.
Right to action against infringement
- Enables an effective legal foundation for defending your brand.
- Grants the right to sue for trademark infringement with stronger remedies.
- Allows for seeking injunctions, damages, and accounts of profits from infringers.
Business asset creation
- It helps you transform intangible brand equity into quantifiable business assets.
- It creates the intellectual property assets that appear on company balance sheets.
- Enhances company valuation during mergers, acquisitions, or fundraising.
Consumer Trust
- Registration helps in building trust among consumers in the market.
- It permits the use of the symbol, signaling official protection to consumers.
- Creates confidence in the consumer to avail the service.
Franchising opportunities
- With the Brand license registration, you can legally expand your business.
- It creates a legal framework for franchising business models and expansion.
- You get the security when others use your brand under license.
Customs Protection Access
- Customs authorities record the registered marks for border protection.
- Prevents the importation of counterfeit goods by allowing the Indian customs to record.
- Creates an additional enforcement mechanism at international borders.
Perpetual Protection Possibility
- This gives unlimited protection through proper maintenance.
- It is valid for 10 years but renewable indefinitely with timely renewals.
- Enables building a multi-generational brand legacy with proper maintenance.
Let Legal Infinix help you with your trademark company name registration now!
Types Of Trademark Registration In India
A trademark application or Brand registration in India includes several categories to protect different forms of individual identity.
Wordmark Registration
This registration is usually needed by companies to protect their company names, product names, slogans, and other textual identifiers. For example, a TWS company registers a brand name â Melodyvoiceâ to protect its unique identity in the market.Sound Mark Registration
For Distinctive sounds or jingles associated with brands. For example, A TV serial registers its unique intro sound that plays at the beginning of all its episodes.Shape Mark Registration
For 3-dimensional shapes of products or packaging. For example, A beverage company registers the unique packaging shape of its bottles.Logo Mark Registration
Commonly understood as logo registration or device registration, this category works in protecting the symbols, graphics, designs, or visual elements that represent your brand. For example, A startup registers its unique logo that appears on all its products and marketing materials.Color Mark Registration
For specific colors or color combinations uniquely associated with a brand. Examples: A shipping company registering its distinctive blue color used consistently across its fleet and branding materials.Collective Mark Registration
This registration helps in preventing unique marks used by the members of an association or collective group. For example, an association of organic farmers registers a mark that certifies products from its members meet specific organic standards.Certification Mark Registration
Registration of marks of products or services complies with specific standards. For example, A company registers a mark that certifies electronic devices meet certain safety and quality standards.Call Legal Infinix consultants and get to know about logo trademark registration fees in India.
Selecting The Right Trademark Class
Choosing the right trademark class suitable for your business is essential, as it determines the category of goods or services your brand will be legally protected under.| Trademark class | Category | Examples |
|---|---|---|
| Class 1 | Chemicals | Industrial chemicals, adhesives, fertilizers |
| Class 3 | Cosmetics & Cleaning products | Soaps, perfumes, shampoos, toothpaste |
| Class 5 | Pharmaceuticals | Medicines, health supplements, disinfectants |
| Class 7 | Machinery | Engines, agricultural machines, and machine tools |
| Class 9 | Electronics & Software | Computers, mobile apps, and scientific instruments |
| Class 16 | Paper Goods & Stationery | Notebooks, printed materials, office supplies |
| Class 25 | Clothing & Apparel | Shirts, shoes, jackets, belts |
| Class 30 | Food products | Coffee, tea, sugar, spices, bakery products |
| Class 35 | Advertising & Business Services | Marketing, consultancy, e-commerce, retail services |
| Class 41 | Education & Entertainment | Online courses, Coaching, and event management |
| Class 42 | Technology & IT services | Software development, tech consulting, hosting services |
| Class 43 | Hospitality & Food Services | Hotels, restaurants, and catering services |
How To Do Trademark Registration Apply In India Online?
For Trademark or brand name registration in India, Legal Infinix will assist you to clear all the steps as instructed by the Trademarks Act,1999. All these steps are listed below:
- Trademark Search: Legal Infinix will search your trademark in depthâto be sure it is unique and is not already registered.
- Filing of an Application: A new trademarkâapplication is filed within the Trademark Registry electronically in Form TM-A.
- Examination: The Trademark Office examines your application and reports an examination result withinâ1 to 2 months.
- Reply to Objection (if any): Inâcase of any objections, Legal Infinix prepares a robust reply supported with legal justifications.
- Publication in Journal: After acceptance, the trademark is published in the Trademark Journalâfor any public opposition.
- Opposition Handling (if any): If there is any opposition raised, Legal Infinix will handle the opposition matters, including legal replies and hearings.
- Registration Certificate: If no objection is made or any opposition is filed or if they are resolved, the trademark will be registered, and a certificate will be issued.
Documents Required For Trademark Application
1. Applicant Identity Documents
- For partnerships: Partnership deed and registration certificate
- For LLPs: LLP Agreement and registration certificate
- For individuals: PAN card, Aadhaar card, voter ID, or passport copy
- For companies: Certificate of Incorporation, MOA/AOA
2. Trademark Application Forms
- Power of Attorney if filing through an agent or attorney
- Form TM-A for standard applications
- Form TM-M for various miscellaneous requests
3. Trademark Representation Materials
- Clear representation of the mark in JPEG format (for logos/device marks)
- Specific format requirements for sound marks, 3D marks, or other non-traditional marks
- Label specimens showing actual use of the mark on goods or in services
4. Priority Documents (if applicable)
- Certified copy of the priority application if claiming convention priority
- English translation of priority trademark registration documents if in a foreign language
- Form TM-P for claiming convention priority
5. Use-Related Documentation
- Affidavit of use if the mark is already in commercial use
- User declaration with specific dates of first use in commerce
- Evidence of use, such as invoices, advertisements, and packaging samples
6. Business Documentation
- Business registration documents appropriate to the entity type
- GST registration certificate
- Shop and establishment certificate (if applicable)
7. Additional Supporting Materials
- Consent letter from living persons if their name/likeness appears in the mark
- NOC from the relevant authority for certain regulated terms
- Supporting evidence for acquired distinctiveness claims (if applicable)
Online Trademark Registration Cost In India
| Fee Type | Services | Fees |
|---|---|---|
| Government Filling | Individuals/startups/ small enterprises | Rs 4,500 per class (online filing) |
| Companies, large firms | Rs 9,000 per class ( online filing) | |
| Physical filing surcharge | Additional Rs 1,000 (offline) |
| Fee Type | Services | Fees |
|---|---|---|
| Optional & Additional Government Fees | Expedited examination | Rs 20,000 - 40,000 per class ( individual/startups and others) |
| Renewal (every 10 years) | Rs 9,000 - 18,000 per class ( individual/startups and others) | |
| Restoration (late renewal) | Rs 5,000 + renewal fees (within 6-month grace) | |
| Assignment Recording | Rs 9,000 - 18,000 per mark | |
| Change of Name/Address | Rs 900 - 1,800 ( individual/startups and others) | |
| Recordal of License | Rs 6,000-12,000 ( individual/startups and others) |
| Fee Type | Services | Fees |
|---|---|---|
| Professional & Legal Service Fees | Trademark Search & Consultation | Rs 2,000 - 5,000 |
| Professional Filing Assistance | Rs 5,000 - 25,000 | |
| Response to Examination Report | Rs 3,000 - 10,000 | |
| Hearing Representation | Rs 1,000 - 5,000 | |
| Opposition Defens | Rs 15,000 - 50,000 | |
| Legal Enforcement against Infringement | Starting from âš50,000 |
Penalties
- Infringement: Any unauthorized use of a trademark may result in civil and criminal proceedings and may cost monetary damages and/or imprisonment.
- False Representation: Providing false, inaccurate, or misleading information, documentsâ, or misrepresentation may subject you to application denial and legal consequences.
- Non-Usage: If a trademark is not used for 5 consecutive years post-registration, it might be removed from the registry.
Timelines
- Trademark Search & Filing - 1 to 2 working days
- Examination Report - 30 to 60 days
- Publication in Journal - After acceptance, around 4 to 6 months
- Opposition Period - 4 months from the date of publication in the journal
- Registration Certificate -6 to 18 months (depending upon any objections or opposition)
Why Choose US
Legal Infinix will save you time in the full registration process. Our team is experienced in handling all aspects of brand registration in India. With us, you will get step-by-step guidance for the entire process from search to the final certification.
Other Services from Legal Infinix
We manage complete business setup and compliance across India.
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