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Documents Required for Trademark Registration in India
To register a trademark in India, you need Form TM-A, proof of identity and address for the applicant, a logo copy (if applicable), incorporation or partnership deeds, and, in some cases, a Udyog Aadhar Registration Certificate. Here’s a more detailed breakdown:
| Applicant Type | Documents Required for Trademark Registration |
|---|---|
| Individuals & Sole Proprietorship | 1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Identity Proof like an Aadhar card, PAN card, Passport, or Driving License 5. Address Proof like a utility bill, bank statement, or voter ID 6. User Affidavit |
| Partnership Firms | 1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Partnership Deed / Firm Registration Certificate 5. Identity & Address Proof of Signatory 6. User Affidavit 7. MSME Certificate 8. Startup Recognition Certificate (DPIIT) 9. Partnership PAN Card |
| Companies (Private Ltd., Public Ltd., or LLPs) | 1. Form TM-A 2. Incorporation Certificate or LLP deed 3. Power of Attorney (Form-48) 4. Logo (if applicable) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Company PAN Card or LLP PAN Card |
| Other Applicants (Trusts, NGOs, etc.) | 1. Form TM-A 2. Logo (if applicable) 3. Incorporation Certificate 4. Power of Attorney (Form-48) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. Trust PAN Card 8. Trust Deed 9. GST Certificate |
Trademark Vs Copyright Vs Patent
Trademark, Copyright, and patents are different types of intellectual property (IP). Each protects unique aspects, such as creative works, branding, or inventions. Understanding their differences helps in effectively protecting and enforcing your rights.
| Category | Trademark | Copyright | Patent |
|---|---|---|---|
| Protection | Protects brand names, logos, and slogans. | Protects creative works of authorship. | Protects new inventions or discoveries. |
| Duration | Renewable indefinitely. | Valid for the author’s life + a set period. | Typically 20 years from filing. |
| Application | Approved by the USPTO. | Approved by the U.S. Copyright Office. | Approved by the USPTO. |
| Requirements | Must be unique and distinctive. | Must be original and fixed in a medium. | Must be novel and non-obvious. |
| Enforcement | Enforced through legal action. | Enforced through legal action. | Enforced through legal action. |
| Example | Nike’s Swoosh logo. | ‘To Kill a Mockingbird’ by Harper Lee. | Alexander Graham Bell’s first telephone patent. |
Benefits of Trademark Registration
Trademark registration provides legal protection, grants exclusive rights, and differentiates products and services from competitors. It builds goodwill, establishes a valuable business asset, and facilitates global expansion, enhancing brand strength.
Exclusive Rights & Legal Protection
Trademark registration grants you exclusive rights to use the mark for your specific products and services, preventing unauthorized trademark use
Brand Building & Recognition
A trademark helps differentiate products and services, creating a unique brand identity. Trademark registration improves consumer trust, loyalty, and brand recognition.
Helps in the Creation of an Asset
A registered trademark is a valuable asset that can be licensed, sold, or used for financing. It protects the brand owner’s investment by preventing others from using a similar name or logo. It increases brand value, making it more attractive to investors.
Usage of Ⓡ Symbol
You can use the ® symbol once your trademark is registered, signaling that it is a registered trademark, adding credibility and protection
Protection Against Infringement
A registered trademark helps prevent trademark infringement and gives you legal grounds for trademark opposition in case of disputes
Protection For Ten Years
Trademark registration is valid for ten years, ensuring long-term protection for your brand name registration
Global Trademark Registration
International trademark registration is facilitated, allowing for protection in other countries through international treaties like the Madrid Protocol and Vienna Codification
Attract Customers
Brand registration makes your brand stand out, attracting more customers by providing confidence in the authenticity of your brand name registration
Choosing the Correct Trademark Class
Selecting the correct class for your trademark is crucial. India’s trademark system categorizes marks into Trademark Classes 1-34 for goods and Classes 35-45 for services, ensuring your register trademark and Trade Name Registration cover the appropriate products and services. You can choose Class 25, Class 41, Class 9, Class 35, or any other class based on your specific goods or services. In India, commonly selected Trademark classes include:
How To Register Trademark In India Online?
To register a trademark in India, choose a unique mark, conduct a trademark search, and file an application with the Trademark Registry using Form TM-A. Pay the registration fee, and upon approval, you’ll receive a registration certificate. Taxmaan trademark registration services simplify the process with expert assistance and offer complete support in case of trademark objections and rejections. Here is a detailed step-by-step process to register trademark:
Step 1: Trademark Search
The first step in registering a trademark is conducting a comprehensive Trademark Search to ensure your desired mark is unique and not already registered. Our team will assist in choosing the correct trademark class based on the nature of your goods or services.
Step 2: Vienna Codification Check
Your trademark must undergo a Vienna Classification check if it includes visual elements or logos. This classification system categorises figurative elements to facilitate trademark searches, ensuring a smooth registration process.
Step 3: Filing the Trademark Application
Our experienced IP lawyers will file the Trademark registration application using Form TM-A with the Trademark Registrar’s office. We ensure the application meets all legal and procedural requirements to avoid unnecessary delays.
Step 4: Formality Check Pass/Fail
Once submitted, the Trademark Registrar conducts a formality check. If all the required details are correctly provided, the application passes this stage. In case of any errors, necessary corrections must be made before proceeding.
Step 5: Trademark Examination
A trademark officer at the Trademark Registrar’s Office reviews the application to ensure compliance with legal standards. If there are objections, our experts will analyze the trademark examination report and guide you in preparing a proper response.
Step 6: Trademark Hearings (If Required)
If objections persist, the applicant may need to attend multiple hearings before the Trademark Registrar to justify the trademark’s eligibility for registration. Our legal team will assist in preparing for these hearings.
Step 7: Publication in Trademark Journal
Once approved, the Trademark Registrar publishes the trademark details in the Trademark Journal for public review. The trademark moves to the final registration stage if no opposition is filed within four months.
Step 8: Trademark Opposition Proceedings (If Any)
Legal proceedings will be initiated if a third party opposes the register trademark within the stipulated period. Our team will assist in responding to and resolving trademark opposition matters effectively.
Step 9: Issuance of Trademark Registration Certificate
Upon completing all stages, the Trademark Registrar issues the Trademark Registration Certificate. The registered trademark is valid for 10 years and can be renewed indefinitely.
Post-Registration Procedures
After trademark registration, key post-registration steps include renewal every 10 years, amendments via Form TM-P, and handling any oppositions within the set time. Transfers or assignments must be registered through Form TM-P. Regular trademark registration checks are recommended to check for potential infringements.
Trademark Renewal Process
For renewing the registered trademark, the owner must file Form TM-R with the Trademark Registry, along with the required fees, with the following documents
- Form TM-R: For trademark renewal application
- Trademark Certificate: A Certified copy of the original registration certificate
- TM-A Form: Certified copy (or original) of the initial registration form
- ID & Address Proof: Government-issued photo ID and proof of residence
- Power of Attorney: If represented by an agent.
Trademark Renewal deadline: The renewal application must be filed within six months before the trademark registration expires or within six months after the expiry with a surcharge.
Trademark Renewal Fees
- E-filing: ₹9,000 per class
- Physical Filing: ₹10,000 per class
- Late Renewal Surcharge: ₹4,500 (added to the renewal fee)
- Restoration Fee: ₹9,000 (added to the renewal fee)
Trademark Rectification and Cancellation
Trademark rectification and cancellation is a legal process under the Trademarks Act of 1999 for dealing with a problem with a registered trademark. Rectification helps to fix mistakes or lapses, while cancellation is for deletion of the trademark from the register.
Trademark Rectification
- Object: Fixing mistakes or omissions in the trademark register.
- Reasons: Errors, non-use, or breach of conditions of trademark.
- Procedure: Submit Form TM-26 to the Trademark Registry with evidence.
- Who Can Submit: Any interested party affected by the trademark registration.
- Authority: Trademark Registrar or IPAB.
Trademark Cancellation
- Objective: Delete a trademark from the register
- Initiator: Any complaining party
- Regulated by: Trademarks Act, 1999.
Trademark Infringement and Legal Remedies
Trademark infringement occurs when a mark is used without authorization, causing confusion among consumers. Legal remedies include injunctions, damages, and, in some cases, the recovery of profits. Trademark Infringement can lead to court orders to cease use and compensation for damages.
Why Choose Taxmaan for Trademark Registration?
Registering your trademark is crucial because it helps protect your brand’s identity, builds customer trust, and ensures your business stands out in a crowded market. Whether you need Brand Registration in India, Brand Name Registration, Online Trademark Registration, or want to register a trademark, securing legal protection is essential for your business.
Our Trademark Services:
- Expertise in Trademark Law: Our legal team specializes in trademark law, ensuring your registered trademark application is accurate, compliant, and efficiently processed
- Thorough Trademark Search: We perform comprehensive online trademark registration searches to confirm the uniqueness of your brand name registration, minimizing potential conflicts and boosting your chances of approval
- Simplified Application Process: Our platform streamlines the trademark registration process, including logo trademark registration, brand name registration, and register trademark filing. You submit your details easily, and our experts manage the paperwork on your behalf.
- Support Through Every Step: From filing the initial application to handling objections or oppositions, we provide continuous support to guide you through the entire Brand Registration in India process
- Timely Renewal Reminders: Online trademark registration lasts for 10 years. We ensure you never miss a renewal date by sending timely reminders to protect your registered trademark.
- Trademark Assignment Assistance: Our experts handle the entire trademark assignment process. From drafting the assignment deed to filing with the Trademark Registry, we ensure your ownership transfer is legally compliant and smoothly executed.
- Trademark Objection Resolution: If the trademark office objects to your application for a trademark, we help you resolve the grounds of the trademark objection. Our experts in law will guide you on how to prepare a comprehensive counter-statement and assist you on how to settle the matter with the right legal arguments and evidence.
- Trademark Hearing Representation: If the objection proceeds to a trademark hearing, our professional team will advocate with the Trademark Registrar on your behalf. We will prepare you for the hearing by collecting necessary evidence, documenting your case, and presenting it to you, guaranteeing a high probability of success in registering your trademark.
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