Rs. 5847/- (All Inclusive)
Trademark application filing under one class for individuals, small business or startup
Trademark Registration in India
Trademark Registration in India distinguishes the goods or services offered by a business from those of other businesses by way of unique logo, word or tagline. Once a logo, word or a tagline is registered for a business, the same cannot be used by any other business. A business can use term “TM” immediately on applying for a trademark. Once a trademark is registered and a trademark registration certificate is provided by the trademark authorities, the term “TM” is replaced by term “R” which means that the trademark is registered.
Though the trademark registration process is not very difficult, a business should always take help of an expert to apply for the trademark as a lot of follow up with regards to replying for examination reports, hearing and opposition needs to be done with the authorities. Different stages of trademark registration process as mentioned below:
- Trademark Search
- Trademark Application Filing
- Examination Report
- Trademark Registration Certificate
- Trademark Renewal
What is the cost of Trademark Registration in India?
Documents required for Trademark Registration in India
Here is the list of documents required for Trademark Registration in India
- Certificate of Incorporation
In case of a Private Limited Company, Limited Company or LLP, Certificate of Incorporation is required.
- Partnership Deed
A self attested copy of Partnership Deed is required if the Trademark is to be registered in name of Partnership Firm
- Copy of PAN Card
Copy of PAN Card of the Authorised Signatory or copy of PAN Card of Proprietor, in case of a Proprietorship, is required.
- Signed TM – 48
Power of attorney in Form TM – 48 is required to be signed by the authorized signatory or individual, as the case may be.
- Udyam Registration Certificate
Udyam Registration Certificate is required in case the applicant is not an individual as a proof of Small Business
- Startup recognition certificate from DPIIT
In case the trademark is being applied by a startup, the recognition certificate provided by DPIIT for startup registration is required.
In case the trademark is already in used from a prior date, an affidavit notarized before the notary public is required.
- Logo, Word or Tagline
The most important requirement is the Logo, Word or Tagline which is to be registered. In case of logo registration, the logo should be 8 cm x 8 cm, in JPEG format.
Who is eligible to register a Trademark in India?
Trademark registration in India can be done by Individuals or Businesses or Non-Profit organizations. However there are different types of documents and detail requirements for Trademark Registration from different types of entities.
Trademark Registration by Individuals
An individual can register a trademark for her / his business. A trademark can be registered by an individual even if any business is not being done by the individual.
Trademark Registration by Joint Owners
A trademark can be registered by joint owners also. In this case the ownership of trademark post its registration will be joint.
Trademark Registration by Proprietorship
A proprietorship can register trademark in the name of the Proprietor of the concern.
Trademark Registration by Partnership Firm
Names of all the Partners of a Partnership Firm should be mentioned while applying for trademark registration.
Trademark Registration by Limited Liability Partnership
A Limited Liability Partnership is a separate legal entity and a trademark can be registered in the name of LLP.
Trademark Registration by Company
A trademark can be registered by a Private Limited Company, a Public Limited Company, a One Person Company or any other company. The trademark registration for a company should be applied in the name of company with a resolution authorizing one of the Directors of the company to sign the application.
Trademark Registration by Trust or Society
A trademark can be registered by a Trust or a Society also. A resolution authorizing the managing trustee or chairman or secretary should be a part of the documents.
Trademark Registration by Foreign Company
A trademark can be registered by a foreign company which does not have a permanent place of business in India. In this case an Indian address where the notices can be served should be given.
Procedure for Trademark Registration in India
Trademark registration in India can be done by following two easy steps:
Trademark Search is the first step to apply trademarks in India to ensure that similar or same trademark is not already registered.
Trademark Application Filing
The trademark attorney prepares a trademark application in this step by preparing Form TM 48, Affidavit and Form TM 1 for trademark application. Trademark for individuals, recognized startups and small businesses can be applied by paying Government fee of Rs. 4500/- per trademark.
Trademark Registration Process in India
The trademark registration is a long process and involves multiple steps. Below are different steps of trademark registration:
- Trademark Search
- Trademark Application
- Send to Vienna Codification
- Formalities chk pass
- Formalities chk fail
- Exam report issued
- Adv before accepted
- Accepted and Advartised
- Marked for exam
Frequently Asked Questions on Trademark Registration
You can start your process of trademark registration with proper trademark search followed by trademark application preparation and filing. The trademark office will register your trademark after all due process is followed.
Any individual, business, society or a not for profit organization can apply for a trademark.
Yes, a foreigner or a foreign business can register a trademark in India.
The goods and services which are segregated in 45 different class as per the Nice Classification established by the Nice Agreement (1957), which is an international classification of goods and services. The 45 classes of trademarks include 34 classes for Goods and 11 classes for services. The new addition of goods or services is published every five years since 2013.
A trademark application can be filed within 1 to 2 days depending on how quick the documents and details are provided. It generally takes between 6 to 24 months for the trademark office to register a trademark after completion of all the formalities.
A trademark is valid for 10 years after its registration.
Trademark search is very important prior to applying for trademark to make sure that there are no same or similar trademarks which are already registered. However it is not necessary that a trademark application will not be objected if the application is made after conducting a search. A trademark search can be carried on ipindia.gov.in. At Ofin we provide trademark search report before applying for every trademark.
A trademark can be applied by filing form TM – 1 and attaching power of attorney in form TM – 48 and other required documents.
Yes, you can file your own trademark. However it is always advisable to take help of an expert as many follow-ups and submissions are required when a trademark is objected or opposed.
The Government fee for a trademark is Rs. 10000/-. When a trademark is filed online, a discount of 10% on filing fee is given, which makes the filing fee Rs. 9000/- per trademark per class. Individuals, recognized startups and small businesses get further discount of 50% on filing fees making the trademark filing fees Rs. 4500/- per trademark per class. With the help of Ofin you can file your trademark at Rs. 5847/- including Government Fee of Rs. 4500/- and GST on our processional fee.
As mentioned earlier, you can file your trademark yourself. However it is advisable to take help of an expert as many follow-ups and submissions are required when a trademark is objected or opposed.