Trademark Registration

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ABOUT TRADEMARK REGISTRATION

Any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as trademark.

There are 34 classes of goods and 11 classes for services, we offer Trademark Registration starting ₹5500

Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur. A person can get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.

Process

Free Expert Counseling

Provide Relevant documents

Make payment

Our experts will finish work within record time

Receive documents at your doorstep

Frequently Asked Questions (Faq’s)

What are different Trademark classes
Class 1 Chemicals Class 16 Stationery & Paper Goods Class 31 Fresh Fruits & Vegetables
Class 2 Paints, Coatings Class 17 Rubber Products Class 32 Beer & Beverages
Class 3 Cleaning Products Class 18 Leather Goods Class 33 Alcoholic Beverages
Class 4 Fuels, Industrial Oils Class 19 Building Material Class 34 Tobacco Products
Class 5 Veterinary Products Class 20 Furniture Class 35 Advertising & Business Services
Class 6 Metals, metal castings Class 21 Crockery Class 36 Insurance & Financial Services
Class 7 Machines and Machine Tools Class 22 Ropes Class 37 Construction & Repair Services
Class 8 Hand Tools and implements Class 23 Yarns & Threads Class 38 Telecommunications Services
Class 9 Computers & Scientific Devices Class 24 Fabrics Class 39 Shipping & Travel Services
Class 10 Surgical Instruments Class 25 Clothing,Footwear & Headgear Class 40 Treatment of Materials Services
Class 11 Appliances Class 26 Lace & Embroidery Class 41 Education & Entertainment Services
Class 12 Vehicles Class 27 Carpets Class 42 Science &Technology Services
Class 13 Firearms Class 28 Games & Toys Class 43 Food Services
Class 14 Jewellery Class 29 Meat Extracts Class 44 Medical & Veterinary Services
Class 15 Musical Instruments Class 30 Coffee & Rice Products Class 45 Legal & Security Services

What are the benefits to get Trademark Registration

It keeps your business and brand unique from those of your competitors. You’ll have the exclusive right to use your trademark as a brand name for your products or services.

Will the trademark be valid outside India

No the  trademark is registered in India and will be valid only in India.

Should I file the Trademark in my name or Company name

If you have a registered company, it is preferred. Otherwise, individual registration works. Trademarks can always be transferred later.

If my Company name is already registered under Companies Act, do I still need TM registration to protect my company name

Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.

Who can file Trademark application

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

What is the amount of fee charged by Govt.

For filing Trademark Application, a Individual / Proprietor needs to pay Rs.4500 for each class & Rs.9000 per class for body corporates.

When can I use the ™ symbol

As soon as your application is filed, you receive an acknowledgement, which gives you the right to use the ™ symbol, then you can use ™ symbol.

Can a person apply for more than one class of Trademark

Yes, a person can apply for any number of classes on the payment of requisite fee for each class of registration

What is the validity of registered Trademark

A trademark registered is required to be renewed once in every 10 years

How does my start up qualify for 50% Rebate on Government fees

If you have valid documents issued by Start up India (an initiative by Government of India), your start up gets qualified to avail 50% rebate on government fees.

What is the process of Trademark being registered by the Ministry

Trademark registration ordinarily composes of the following main components before the Trademark is granted:

  1. Application of Trademark in the right class and with the correct details
  2. Send to Vienna Codification – As soon as a new trade mark application is filed, a Vienna Code is assigned if the trade mark comprises figurative elements/logo. Vienna codification is done by the Registry so that trademark searches can be conducted for artworks/logos.
  3. Formalities Check – This is the first step of verifying the Trademark Application whereby The Trade Mark Registry usually checks if the basic requirements are met such as: whether the POA has been uploaded (when filed through an attorney) and whether appropriate translation/transliteration has been filed when the trademark is not in English/Hindi.
  4. Issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for would need any clarification under any of the Legal Sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
  5. Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply, as the case may be, if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal
  6. “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage the trademarked name or logo or both are advertised in the Trademark journal and kept open for Objection for 4 months for any third party to oppose this Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
  7. Registered – if no other objections, clarifications or oppositions are required to be addressed, the trademark application would be accepted and marked as ‘Registered’. This when the Trademark applicant can start using the ® symbol.

What if my Trademark application is Objected after filing

Trademark applications are first examined by the Ministry to see if any similar trademarks / trade names are already pending or registered with them. If they feel that there are such similarities, then the same is sent under the ‘Examination Report’ stage. On clearance of the examination stage, the ministry publishes the trademark in its Journal and keeps it open for objection by the public for 120 days. If any objections are received then the same is notified to the trademark applicants.

eMunshe.com helps you reply to the examination report issued by the ministry as well as to file reply against objections received, if any, at a nominal cost.

Do I have to hire an attorney to register my trademark

It’s not a mandatory requirement. You can initiate a TM Application on your own through the online portal or initiate the process with eMunshe.com

What is the difference between trademark registration and copyright registration for logo

A logo can be protected both under the Trade Marks Act and Copyrights Act. Trademark Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

What are the different types of trademark

1. Word Mark
2. Logo
3. Device Mark
4. Small Mark
5. Taste mark

How trademark applications are rejected

If your trademark is similar to an existing application or common words. It would also be rejected if it is likely to cause confusion.

What is a trademark class

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.

Do eMunshe.com guarantee approval of my trademark

If it is unique, it is highly likely that it will be granted otherwise it is fully depends on the government’s judgement.

Is it mandatory to have logo or slogan to get Trademark registration

No, its not mandatory
A person can apply for Trademark registration with name also

INFORMATION REQUIRED

Particulars of Owner
Date of Usage
Trademark Class
Logo (For Wordmarks)

Questions? Call us on 09811985576

STANDARD PLAN

Rs.5,500

PER CLASS

TM-A Certificate

Dedicated Attorney for weekly monitoring

Within 3 working days

PREMIUM PLAN FOR COMPANIES

Rs.10,500

PER CLASS

TM-A Certificate

Dedicated Attorney for weekly monitoring

Within 3 working days

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Email Us For More Info- hello@emunshe.com, Call/Whatsapp- 9811985576