Trademark Registration in India

Under the Trademark Act, registering a trademark safeguards intellectual property and enhances brand recognition. This legal framework ensures that businesses can prevent unauthorized use of their marks/tradenames and maintain their unique identity.

 

Types of trademarks that can be registered in India:

• Words and service marks: Names, slogans, or taglines that define a product/service.
• Shape marks: The shape of a product or its packaging.
• Logos and symbols: Visual designs representing a brand.
• Collective marks: Marks used by a group/association to indicate common origin.
• Series Marks: a group of related trademarks that share a common element but differ in non-distinctive details like size, color, or description.
• Sound Mark: Distinctive sounds associated with a brand.
• Certification mark: Indicates that a product meets a certified standard.

 

What can’t be registered?

 

The Trade Marks Registry does not allow registration of trademarks that:

 

• Are identical or deceptively similar to existing trademarks.
• Are generic, descriptive, or misleading in nature.
• Contain protected emblems, offensive symbols, or names.
• Could confuse or deceive consumers.
• Are contrary to law or morality.

 

Who can register?

 

• Individuals
• Startup/MSME
• Private Limited Companies / LLPs / Proprietorships / Trusts / Societies
• Foreign companies and legal entities

Essentially, all types of business entities and individuals are eligible to protect their brand identities through trademark registration.

 

Trademark Search:

 

The applicant must be careful while choosing a trademark suitable for their business. Since, there are already tons of different types of trademarks available, once a trademark is chosen, it is essential to carry out a public search on the various trademarks databases available based on your interest. This avoids the risk of objection or rejection due to conflict with an existing mark.

 

Trademark filing:

 

The application for registration of the trademark can either be filed in a single-class or a multi-class, depending on the goods and services the business pertains to. The application for trademark registration has to be supported with the required documents, with complete details of the trademark for which the registration is sought. Moreover, in case the applicant is claiming prior use of the trademark, then a user affidavit has to be filed supporting the usage along with the evidence of its prior usage.

 

Trademark registration can be done online through e-filing or offline via physical submission. The key considerations during the filing include ensuring your trademark is distinctive, selecting the correct class of goods or services, and preparing accurate documentation.

 

Documents/details required for filing a trademark generally include:

1. Applicant type (individual, company, etc.)
2. Category/type of mark
3. Image or visual representation (for logos)
4. Conditions of the mark (if any)
5. Class of goods or services
6. Statement of use (in case of claiming prior use)
7. User affidavit (if claiming prior use)
8. Power of attorney (TM-48)

 

Fee for filing a Trademark in India:

 

In India, the registration fee for trademarks ranges based on their legal status and applicant type.

 

Start-ups, small enterprises, and individuals	Rs. 4500
Other business entities	Rs. 9000

For complete information on the fee, please click https://ipindia.gov.in/form-and-fees-tm.htm