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Trademark Registration in India Online: Process, Fees, Documents
Trademark registration distinguishes your brand from competitors and helps in identifying your product & services as a source. A trademark could be a Name, Slogan, Logo, or Number that a company uses on its business name, product, or services.
Registering a trademark could be a time-taking process as brand registration could take a minimum of 6 months to 24 months, depending upon the result of the Examination Report. That’s why easybusinessregistration provides a Brand Name Search Report to get a fair idea about the turnaround time for registration.
Once a trademark application is processed with the government department, applicants can start using the TM symbol on their mark & the online registration certificate has been issued. The registration of the trademark is valid for ten years & can be renewed after ten years. A registered trademark is beneficial for a business not only from the point of view of brand market perspective as well, so a trademark is considered to be valuable. It will also work to help clear unauthorized usage of your brand by other third parties and increase consumer familiarity with your brand. Obtaining a trademark is an important step towards putting up a standardized and respectable position in the industry.
We, the team of easybusinessregistration, will help you to provide better assistance regarding Trademark Registration. Our professional assistants are committed to helping you simplify your complex problems with simple solutions. Our team will surely reach out to all your responses, whether it is your queries, doubts, or related investigations on the subject of trademark registration.
Table of Content
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What is Trademark Registration?
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Trademark Registration Fees in India
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Documents Required for Trademark Registration
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Documents you will get after Trademark Registration
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Benefits of Trademark Registration
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Types of Trademark Symbol
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What Can Be Trademarked?
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What Cannot Be Trademarked?
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Status of Trademark Registration
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Conclusion
What is Trademark Registration?
A trademark is defined as a symbol, word, graphic, logo, or any sign utilized to differentiate a company’s product or services from its counterparts in the market. It gives legal control to the owner and denies the use of the goods by other persons. Trademarks contribute to brand creation, brand value, and trust from customers. The registration of a trademark serves to safeguard businesses against such cases that would lead to the trademark infringement. One can apply it to the retail industries, technology industries, and manufacturing industries, among others. Trademark laws in India are registered under the Trademarks Act of 1999, which provides legal recognition to trademarks. A trademark is also more valuable and important for those organizations that want to make their own identity in the market.
Trademark Registration Fees in India
The government fees for Trademark Registration of Medium & large companies is Rs. 9,000 per application per class & the government fees for Trademark Registration for individuals and Micro Enterprise is Rs. 4,500 per application per class.
| Fee Type | TM Registration cost for Individual | TM Registration cost for Company |
|---|---|---|
| Trademark Registration Government Fee | ₹ 4,500 per class | ₹ 9,000 per class |
| Trademark Registration Professional Fee | ₹ 1,499 | ₹ 1,499 |
| Total Fees | ₹ 5,999 | ₹ 10,499 |
Documents Required for Trademark Registration
For Trademark registration, the following documents are required:
Logo or brand name
Signed power of attorney
Copy of GST and MSME certificate (optional)
Registration certificate of the Entity (optional)
Affidavit with supporting documents (only for prior usage)
Logo (if any)
Aadhar card of Proprietor
Signed Power of Attorney (for appointment of attorney to file trademark)
Signed User Affidavit (only for prior usage of marks)
Logo (if any)
Company Master Data of Entry
Signed Power of Attorney (for appointment of attorney to apply on the applicant’s behalf)
Signed User Affidavit (only for prior usage of marks)
MSME Registration Certificate
Board Resolution for appointment of authorised signatory
Logo (if any)
Registration certificate
Signed Power of Attorney (for appointment of attorney to apply on applicant’s behalf)
Signed User Affidavit (only for prior usage of marks)
Logo (if any)
Copy of Aadhar Card of both the applicants
Signed Power of Attorney (for appointment of attorney to apply on the applicant’s behalf)
Signed User Affidavit (only for prior usage of marks)
Documents You’ll Get After Trademark Application
Payment Challan
Receipt of Form TM-A
Screenshot of Application
Benefits of Trademark Registration in India
Legal Protection:
Trademark registration gives you a superior and enforceable right against anyone who tries to copy or infringe on your mark.Trust Building:
A registered trademark helps you maintain and increase your brand’s value in the market. It builds trust between consumers and your brand, serving as the public face of your company or its goods and services.Valuable Asset:
A registered trademark is an intangible asset. Once registered, your TM can be sold, assigned, franchised, or otherwise commercially leveraged to benefit your company or you as an individual proprietor.Cost-Effective:
Trademark registration is highly cost-efficient. After obtaining registration, you can rest assured of protection for at least 10 years (the standard validity period) before renewal is required.
What Cannot Be Trademarked?
There are several categories of marks that cannot be trademarked, either due to legal restrictions or their inherent nature:
Generic terms (e.g., “Laptop” for a computer brand)
Descriptive terms without acquired distinctiveness
Offensive or misleading marks
Commonly used symbols (e.g., national flags, emblems)
Registering a trademark ensures that a business is given the legal right to its icon and the identity of its products. It is highly advisable to choose a distinctive mark that meets legal requirements before applying.
Types of Trademark Symbols
There are three primary types of trademark symbols used to differentiate between registered and unregistered marks:
TM (™): Indicates that the trademark or device mark has been applied with the authorities and is yet to be registered.
R (®): Denotes that the applied trademark or device mark is officially registered with the concerned authority.
SM (℠): Signifies that the service mark has been applied with the authorities and is yet to be registered.
Status of Trademark Application
After applying for trademark registration, you can track its progress through the following statuses:
Registered: Your application has been approved and the trademark is officially registered to you.
Abandoned: You failed to respond to the Registrar within the specified time and format, causing your application to lapse.
Marked for Exam: Your application has been submitted and reached the third step of examination; the Registrar will review it and issue an Examination Report.
Objected: The Registrar requires clarification or amendments; you must reply properly to avoid refusal.
Refused: The application has been rejected based on your response—or lack thereof—to the Registrar’s objections.
Opposed: A third party has filed an opposition against your application after it was published in the Trademark Journal.
Online Trademark Registration with PU
The process of registering your trademark can be complex, so our legal experts at Professional Utilities (PU) simplify it for you. Here’s how it works:
Fill out our simple online form and receive a callback from our team of legal experts.
Provide all necessary details and upload the required documents for your trademark application.
We conduct a comprehensive Trademark Search Report to ensure your mark is clear for registration.
After search approval, we draft and prepare your Power of Attorney and Form TM-A.
You provide the signed Power of Attorney.
Approve the draft TM-A and complete the government fee payment.
We file the trademark application with the Registrar on your behalf.
Within 24 hours of filing, you can start using the ™ symbol alongside your brand.
Conclusion
The Startup India registration scheme provides entrepreneurs with great opportunities to grow their businesses with the help of the government. Beginning the process online enables startups to gain benefits like tax relief, funding assistance, and ease of compliance. A Startup India registration certificate enhances credibility, making it easier to attract investors and participate in government schemes.
The campaign is a significant move towards facilitating innovation and strengthening India’s startup ecosystem. By registering, entrepreneurs can leverage various incentives to scale up their businesses with ease and drive the economic growth of the country.