Register your Brand or Logo or sign for your business and protect from the person who misuses your brand
Get Trademark Registration in 2 Working Days
- The term “Trademark” defined under Trade Marks Act, 1999 as the Visible logo including any Word, Tag line, Punch line, Name, Symbol, Number, Combination any colour which is used by the business enterprise to differentiate its product, Brand, quality, services from the other business enterprises who provides same goods or services in the market.
- The Trademark registration is done through the Controller General of Patents Designs and Trademarks under the Ministry of Commerce and Industry in India.
- The Trademark Registration helps the Business enterprise to protect his products or services from his competitors & get legal advantage to sue the person in the court & recover damage compensation who use his Business Trademark without his permission & it’s also known as Trademark Infringement.
- The Trademark proposed for registration shall not match or Identical or Same to the other registered Trademark.
- The Validity of Trademark registration is 10 years from the date of registration with Trademark registering authority and after that, we need to renew our trademark for another 10 years by filing a Trademark renewal application with prescribed government fees.
- The Trademark registration is a symbol of Business enterprise Goodwill and falls under the Intellectual property category & Company raised funds or Loans or Money or Advances from the Banks or Financial Institution by mortgaging his Trademark.
- The Trademark registering authority rejects the Trademark registration application if they found the Trademark is against the public interest or government or Country, Normal Science principal, general, similar, Offensive, unreliable, related to a banned organisation, similar to existing Trademark etc.
Estellaconsultancy provides the services related to Trademark registration in Delhi, Mumbai, Chennai, Kolkata & all the major cities in India. We also provide the services of Trademark renewal, Trademark Search, Copyright filing, Copyright registration Patent filing, Patent registration etc.
Trademark Registration Package Includes
Advantages of Trademark Registration
- BRAND VALUE
The Trademark treated as the brand of Business organization & increased the Brand Value of Goods & service by creating a relationship between the consumer and Business.
- BUSINESS GOODWILL
The Trademark increased the confidence of the consumer in the product & services of the Business organisation and that thing leads to generate the Goodwill in the market to compete with competitors.
- LEGAL PROTECTION
The Trademark registering authority provide you with the exclusive right to use such Trademark on your Goods & Service without any hassle & you can sue any other person if you find he is using your registered Business Trademark on their Goods & Services without your permission.
- GLOBAL PROTECTION
The Trademark owner can apply for Global Trademark registration after registered in India. This helps your Business organisation to save your Trademark from any infringement or misuse in the world.
- SAFEGUARD OF BUSINESS TRADEMARK
Once the Business organisation registered his Trademark after that no one able to use your Trademark on their Goods or Services and no other similar or same Trademark registered in your business category.
- MISUSE PROTECTION
The Registered Trademark of any Business shall not use by any other Business Organisation on their products or services without the prior approval or permission of the Trademark owner otherwise the owner has a right to recover damages or compensation for any use.
- UNIQUE TRADEMARK
The Trademark registered by you has Unique Identity in the eye of Law and No other Person or Business organisation able to register any other Trademark which similar or same to your registered Trademark.
- INCREASE IN SALES
The Trademark treated as a symbol to represent your Products or services quality and provide a separate market for your business and helps in the advertisement of products or services in the market due to which the increase in Sales, Profit & Revenue.
- ASSIGNMENT OF TRADEMARK
The Registered Trademark owner has an exclusive right to Assign or Transfer or Rent or Franchise his Trademark to another person or business organisation for their products or services by charging any fees or royalty or Franchise fees.
- TRADE ADVANTAGE OVER COMPETITORS
As on date every consumer consumes or avail branded products or services due to standardised Quality or Hygiene & Creates Trust factors amongst the consumer for the product or service which provide a Trade Advantage over his competitors.
- EASE IN LOANS
The Trademark treated as Intangible assets of the person or Business organisation & it’s provided as security for loans or advances to the Banks or Financial Institutions.
- ASSETS CREATION
While preparation of Balance sheet of any Business the Trademark is treated as signed of Goodwill & it’s valued by Statutory Auditor for Assets valuation in Financial Accounts & Trademark shown as Intangible Assets in the Balance sheet.
- SECURITY OF GOODS & SERVICES
The Trademark maintains the Security of Products & services and another person not able to duplicate or mislead or copy your Trademark on their products or services due to exclusive right to use which provide to Trademark owner as per the Trade Mark Act, 1999.
- PRIMA FACIE EVIDENCE
The Registered Trademark owner treated as the Real owner of Trademark and it’s taken as Prima facie evidence in the court for any dispute raised in the court for the deciding the ownership of such trademark.
TYPES OF TRADEMARK SYMBOL OR SIGN
- This above mention logo or symbol is used along with the registered Trademark for the pasting or branding on the products of the Business organisation.
- It’s a symbol that indicates the Openly that the ownership of Trademark belongs to the Particular Business organisation.
- The Symbol or logo used by the Business organisation who already applied for the Trademark registration but still the application pending before the Trademark registering authority.
- The Trademark registration process normally takes 6 months to 3 years to get registered.
- The Above mention symbol or logo used by the Businesses who engaged in the Service sector.
- The “SM” is known as Service Mark for the Business which used while providing services to its consumer.
- The Symbol or logo utilized by the Business association who applied for the Trademark registration yet at the same time & the application pending before the Trademark enlisting authority.
- This above mention symbol provided to the Business organization who applied for Trademark Registration or Service Mark Registration with the applicable position and No compliant is raised by any person.
- At that point, the Authority gave the Trademark or Service Mark Registration certificate to the business after checking all the parameter used for Trademark Registration or Service Mark Registration.
TRADEMARK REGISTRATION PROCESS
HOW TO DO TRADEMARK REGISTRATION IN INDIA
Collection of Documents
- Estellaconsultancy sends you the checklist of documents required for Trademark registration in India.
- Send us documents through the mail in PDF format.
- All documents are attested by the applicant.
- The Logo or Symbol of Trademark should be in JPEG format on white background in the ratio of 8cm*8cm.
Trademark Class Search
- We search for the class of Trademark in which your Business falls & It’s necessary for filing the Trademark registration application.
- There is 45 Trademark class provided in the Trade Mark Act, 1999.
- The Trademark class search based on Business activity, Types of Goods or services & geographical factors etc.
- We also check that any similar or same Trademark registered in your Trademark class.
Signing of Power of Attorney
- The applicant provides us with the authority to file the Trademark registration application on behalf of the applicant.
- The Format of Power of attorney provided by Estellaconsultancy without charging any fees.
- The Power of attorney is printing on the stamp paper & signed (Blue Colour Pen) by the applicant.
Preparation of Trademark Application
- We prepare the application based on documents or information provided by the applicant.
- The Trademark application Includes the details of Symbol or Logo, Business activity, trademark class, Registered office, Applicant Photo, Importance of Symbol or logo etc.
- The applicant provides us with the Colour original copy of Symbol or logo with the proper colour combination.
- The applicant can file a single application for more than one Trademark registration with requisite government fees.
Filing For Trademark Registration
- The Trademark registration application filed in the Form “TM-A” duo copy with designated Trademark registering authority along with registration fees.
- Trademark application to be file through Offline by visiting the Trademark office or Online through IPC.GOV.IN portal.
- The online application required the attached DSC (Digital Signature Certificate) of the applicant and Trademark agent.
Follow Up With Department
- Estellaconsultancy does proper follow up with Trademark registering authority related to filed Trademark application.
- All the supportive documents provided to the department is properly signed & attested by the applicant or agent appointed by the applicant.
- We provide any other documents or Information demanded by the authority concerning the application.
Hearing On Objection
- The Trademark department takes Objection upto the 4 months from the date of publication in Trademark Journal.
- The Trademark Registrar give notice to each party in case of any opposition raised during the Advertisement period.
- If any Objection receives by department then we need to do representation in front of the department with proper documentation on the Date schedule by the department.
- Both parties have right of postponement of the hearing date by giving application in Form TM-M at least 3 days before Date of Hearing with reasonable cause.
- The Adjournment of hearing date maximum upto 30 days and each party can avail maximum 2 postponements of hearing.
- If the applicant is not present in the hearing scheduled by the Trademark officer then the Trademark application treated as cancel or rejected and the written communication sent by the Trademark Department.
- The opponent not able to present in hearing then his objection treated as dismissed and liable for prosecution or punishment under Trademark Act, 1999.
- All the arguments between the applicant & opponent shall be in the written form and submitted to the designated officer.
- After reading all the arguments, The Trademark designated officer communicate his Decision in writing to each party.
Completion Trademark Registration
- The Trademark department satisfied with the application after taking into consideration of any objection raised by any person then Trademark registering authority issued the Trademark Registration certificate to the applicant.
- The Trademark registration takes around 6 months to 2 years.
- The Department issued the Trademark registration certificate in the form “RG-2” with the common seal of Trademark registry.
Who Can Apply For Trademark Registration
The application for Trademark registration is made by the following person are:-
- Individual Person.
- Proprietor of any Business.
- MSME / SSI Business.
- Private Limited Company.
- Public Limited Company.
- Section 8 Company.
- Nidhi Limited Company.
- Producer Limited Company.
- OPC (One Person Company).
- Government Company.
- LLP (Limited Liability Partnership).
- Partnership firm (Registered or Unregistered).
- Cooperative Society.
- NGO (Non-Government Organisation).
- Banks & any Financial Institutions.
- HUF (Hindu Undivided Family).
- Any Body Corporate.
- AOP (Association of Person).
- In case of Artificial person (like Company), the application signed & filed by the Authorised person or Director or Board of Directors & Trademark registered on the name of the Artificial person.
- The applicant shall be made Trademark registration Application with the Trademark registering authority through online mode by attaching the DSC (Digital Signature) or By offline mode by physically submitting the application along with Demand Draft of government fees with Designated Trademark department or by sending through speed post or courier.
- The Trademark application shall include the details of Trademark, Business Activity, Importance, Power of attorney, Copy of symbol or logo or punchline or tagline etc.
GROUNDS FOR REFUSAL OF TRADEMARK REGISTRATION
Without Unique Nature
The Trademark shall be unique and able to distinguish his products or services from his competitors or other business. It contains some unique or uncommon characteristics or features excluding normal function.
Ex:- The Word is “Oil” is normally used for every type of oil producer or manufacture in the world.
General Name or Nature of Goods or Service
The Applicant uses the Trademark for his business product or services which is used generally or commonly by every person. In other words, the common name of any product or services is not eligible for Trademark registration.
Ex:- Electricity, Sugarcane, Sugar, Rice, Pulses, Home delivery etc.
Well Known Trademark
The Well Known Trademark means the Mark is known or identified by each or every person in the world & he has past reputation or goodwill in the market of products or services.
Ex:- TCS, Reliance, T-series, Tata etc.
Name of any important person
The Trademark registering authority refuses to register the Trademark related to the name of any Famous or Important or reputed person or personality or character & applicant used that name for branding it’s Products or services.
Ex:- Swami Vivekanand, Narendra Modi, Amitabh Bachchan etc.
Similar or Identical Trademark
The Trademark which similar or identical with the earlier registered Trademark and he is not able to distinguish or differentiate his products or services from other Registered Trademark.
Ex:- Toyota, Hyundai, Maruti etc.
Create Public disturbance
The Trademark which creates a Public disturbance or violence or inconvenience or risk between the people of a society or affect the livelihood of any person. The mark against the sentiments of the public or any particular society is not eligible for Registration.
Ex:- Religious sentiment etc.
Against Public or National Interest
The applicant, not able to get register his Trademark which against the National or Public interest of any country. The Mark included such word or logo or slogan or punchline treated as against the interest of any country or Public.
Ex:- Use a slogan or mark or symbol or sign of any terrorist organisation.
The Mark which created with standard or normal principle of any science and it’s used by the people in day to day life by calling or using such principal in various activities.
Ex:- H20 is the scientific name of Water.
Contain Offensive or shameful stuff
The Business owner shall not use such word or symbol or logo or lines in his Trademark which is offensive or create a shameful appearance & that mark will be rejected by the Department.
Ex:- ISIS, Defame any country.
Prohibited in the Act
The Trademark should not fall under the categories or items mention in the Emblems and Names (Prevention of Improper Use) Act, 1950. This Act includes the list of word or symbol or logo can’t be used any business owner for branding his products or services.
Ex:- Use of word President or Prime Minister or any government bodies etc.
Any law passed for any unregistered Trademark by the parliament assembly of our country or the Trademark already registered as the copyright in the Copyright Act then the mark is not eligible for Trademark Registration.
WHAT IS WELL KNOWN TRADEMARK
The Trademark registering authority consider the following parameters to determine whether proposed Mark or symbol fall under the category of well Known Trademark are:-
- The people of society in India or outside having the Knowledge or able to recognise the Trademark;
- The Trademark having any geographical area or time or area.
- The Trademark used for advertising or publishing or presentation of product or services in any geographical area or duration.
- The Trademark which is registered or published in the Trademark Act, 1999 in any geographical area or time and its’s able to recognise.
- The Trademark is recognised by any Court or registrar and they having proper record & successfully implemented or executed by them.
- The Trademark registering authority determined the well-known Trademark in the eye of people of society based on the total number of Consumers for the Goods or services & Number of people engaged in the supply chain of goods or services & Business group involves with the Goods or services.
- Any Court or Trademark registrar will recognise the Trademark as a well-known trademark in the Trademark Act, 1999, when any section of society in India able to identify or determine the Trademark.
The Trademark registrar does not require the following precondition to recognised any Trademark as well-known Trademark under the Trademark Act, 1999 are:-
The Trademark has registered;
The Trademark has been utilized or used in India;
The applicant applied for trademark registration in India;
The Trademark is well known by the public at large or registered or application for registration has been made outside India.
Things Registered as a Trademark
NAME / SURNAME
The Proprietor or owner Business organisation can register his name or surname for Trademark Ex:- Motilal Oswal, ALT BALAJI etc.
SYMBOL / LOGO
The Business used any symbol OR Logo which represent his goods or services or organisation. Ex:- Apple Logo on iPhone etc.
SIGN / BADGE
The applicant uses Sign or Badges for Trademark registration and will be used in his Business. Ex. Indian Oil Company Use Oil Drop Badge.
The Person can register his own or predecessor signature & No objection by any person whose signature will be registered as Trademark. EX:- Graphic Signature Use in “Royal Stage” Ads on TV.
The Business organisation can create some word or phrase with the combination of Alphabet, design and colours. EX:- Reliance, TATA, WIPRO
The Trademark contains the combination Numeric Number, design & Various colours.
The applicant uses his image or any imaginary character or any photo used for his Trademark registration. Ex:- The Image use by “Starbuck” with a combination of the word.
The Business the Punchline Which directly represent their Business & It’s able to create the image of the product in consumer Mind. Ex:- The Thums up is “Taste the Thunder”
The Tagline normally used by the Business along with symbol or logo represents their Product or services or Business. Ex:- The Nokia uses “Connecting People”
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
Individual / Proprietor
- Brand or Logo or Symbol.
- Registered office of Business.
- Identity Proof (Driving License or Passport or Voter ID or Aadhar Card).
- Address Proof (Mobile Bill or Electricity bill or Bank Statement).
- PAN Card (Mandatory).
- Passport is mandatory for Foreign National or Non-Resident India (NRI).
- Business Objective.
- Importance of Business.
- Ownership proof of Business (MSME / SSI certificate).
- Signed Power of Attorney.
- Mobile No.
- Email Id.
Company / LLP / Partnership Firm / Society / Trust / HUF
- Brand or Logo or Symbol.
- Certificate of Registration of Business.
- MOA / Bye Laws / Partnership Deed / Trust Deed.
- Resolution for Authorized person.
- Registered Office.
- PAN Card of Business.
- Identity & Address proof of Authorized person.
- Signed Power of Attorney.
- Grounds of Application.
- The applicant Trademark includes the Logo and Tagline then it’s must be submitted in proper colour combination on white background.
- The proof of ownership may include any invoice or bill or advertisement or publication or stamp or Logo on product or services.
- The Applicant to give affidavit for claiming any right over the logo or symbol he used in his Business.
- The government provide upto 50% waiver on Trademark registration government by showing any MSME certificate or startup recognition by the relevant ministry.
- The applicant shall provide us signed power of attorney (Provided by us) to filing a Trademark application with Trademark registering authority.
- The Logo of the Business enterprise shall file along with the name of Business.
IMPORTANT POINTS FOR TRADEMARK REGISTRATION
- The term “Vienna codification” come from the Vienna agreement & this is globally proved standard or principle to assigned the code for the logo or symbol & it’s a ranking system divided into 29 categories to classify the different symbolic components.
- When applicant applied for Trademark which consists of any Logo or symbolic components then send Vienna codification for distinguished or differentiate your trademark from the other registered trademark.
- It is used by Trademark department when there is no system to check the distinctiveness of any logo or symbol.
- The Trademark mark Act, 1999 consist of 45 classes for classified the categories of Trademark.
- The Trademark search helps the applicant to know that any other similar or identical trademark already registered.
- We help you in finding the right or suitable class for your proposed Trademark and we can’t guarantee you the Trademark approved because it all depends upon Trademark registering authority.
- The examination of applied Trademark by the Trademark registering authoring by taking into various parameters (Similar or identical to earlier registered trademark etc.) to approve the registration.
- The department takes around 2 months to proper examination and if the department has any query related proposed trademark he asking you to provide the necessary supportive documents.
- The term “Trademark Infringement” means when any person who is not the Registered owner of Trademark & used that similar or identical trademark in the course of his business without the permission or proper intimation to the Trademark registered owner.
- The registered Trademark owner shall have the right to file a case in the court or intimate Trademark department to claim damages or compensation for misuse of trademark and create confusion in the public.
- The Trademark registering authority has the right to accept or denied the Trademark registration after providing the proper reason in writing & opportunity to being heard to the applicant.
- The applicant provides the supportive documents & present in front of Trademark authority and submits his reply in writing within the 30 days from such rejection.
- The Trademark objection is created by the Examining authority of Trademark department & applicant to need to reply the answer along with supportive documents of all the question raised.
- If the Applicant fails to reply to the Trademark department within a reasonable time provided then Trademark application is treated as Invalid.
- The opposition will be taken by any person when the Trademark registration application publishes in the Trademark Journal after the satisfaction Trademark registering authority.
- The public has the time of maximum 4 months to raise any opposition from the date of publication and submit their objection with the supportive documents to Trademark authority.
- The Trademark provides the opportunity to the applicant to provide a proper reply in writing on the complaint raised otherwise Trademark application handled as null or void or Invalid.
|Goods or Products Classification|
|Chemical or related Substances activities|
|2||Paints including colour, Painting, Decorating Artists|
|3||Polishing or cleaning products|
|4||Mechanized oils and lubricants|
|5||Pharmaceutical or hygienic compounds|
|6||Metal & alloys material|
|7||Machines or motor except Land vehicles|
|8||Hand instruments and tools|
|9||Computer related activities|
|10||Medical & surgical instruments or material|
|11||Appliances for lighting or heating|
|14||Valuable metals or alloys|
|16||Paper related material|
|17||Rubber or gum|
|18||Leather work including Animal skins|
|20||Furniture, wooden Frames|
|22||fibrous textile matters|
|23||Fibres and threads for Textile|
|24||Textiles products Not included in any other class|
|25||Body Apparel including footwear and headgear|
|27||Mattings, carpets & tablecloths|
|28||Toys for games & Decoration|
|29||Meat, Fish related products|
|30||Tea, Sugar & coffee|
|31||Agricultural, horticultural and arboriculture products|
|32||Non-alcoholic drinks Including Beer|
|34||Tobacco or products use for smoking|
Business Management & Advertisement
Real estate, Insurance & Financial
Transport & storage
Educational & Cultural Training
Research & Development
Temporary Food Services
Medical services for Human & Animals
Legal, Social & Security Services
RELATED TO TRADEMARK REGISTRATION
The applicant register the logo or symbol or Punchline or Tagline used for branding or packing or advertising of their goods or services then he or she applied for Trademark registration with Trademark registering authority for the protection of his Trademark and restrict other people to use the same or similar or identical trademark in their businesses to confuse or misguide the Consumer. After Trademark registration, the registered owner has the right to sue any person in the court who used his trademark without his or her permission and claim damages.
The applicant need to follow the following steps are:-
Step 1:- Choose the Trademark to be registered;
Step 2:- Do the Trademark search and ensure that no other similar or Identical or same trademark registered in your Trademark Class;
Step 3:- Preparation of Trademark application;
Apply for Trademark registration through Online or Offline Mode to Trademark Registering authority;
Step 4:- The Trademark department intimate you after the registration of the Trademark.
It’s advisable to you kindly consult the lawyer or expert or professional before applying for Trademark registration because the Trademark application shall include various Important clause or provision which is not understandable by a normal person.
The cost of Trademark registration for the applicant who is Individual or Proprietor is Rs. 5999 only.
The Applicant has a Trademark (Logo or symbol or Line), Address proof, Identity proof, Business Ownership proof, Trademark ownership Proof, Power of Attorney etc. for Trademark registration in India.
The Validity of Registered Trademark is 10 years from the date mention on the Trademark registration certificate after the 10 years the registered owner required to renew the registration certificate.
When applicant applied for online Trademark registration then class 3 Digital Signature (DSC) required for authentication for a Trademark application.
The Business owner uses the “®” symbol along with his registered trademark mark.
Any person including Individual, company, Body corporate etc. can apply for Trademark registration.
The Copyright registration used for registration of the Voice, Content, Books, Blogs, Article etc.
The trademark registration for the Mark or Logo or Symbol use by the business owner for their Business or Goods or Services.
Patent registration used for some Unique Innovation or Idea or software or product or Formula excluding any scientific natural or chemical reaction.
Yes, you need to register your Trademark in the Trademark Act, 1999 to avail the exclusive right to use.
Yes, an applicant can register 2 or more Trademark by filing the single application but the government charges fees for each trademark.
No, the Trademark registered under Trademark Act, 1999 is Valid throughout India.
The Government fees for Trademark registration for Individual, Proprietor, Startup, MSME is Rs. 4500/- and for the company, Body corporate etc. is Rs. 9500/-.
We Estellaconsultancy taken maximum 3 days for filing the Trademark registration application subject to availability of documents demanded by us from the applicant.
Yes, an applicant able to renew his trademark certificate after completion of 10 years from the date of Trademark registration.
Yes, The changes are allowed in the Trademark registration certificate such as Correction applicant name or any spelling mistake subject to the approval of designating Trademark authority.
The Trademark is related to the Business or Goods or services and the consumer can understand, speak, identified etc.
The “TM” used along with proposed trademark when applicant file the Trademark registration application with the Trademark department but no formal intimation or approval of Trademark registration is given by the Registering authority.
The 3D trademark is marked which identified from the 3 dimensional and its eligible to register as Trademark under Trademark Act, 1999.
Yes, The business able to register his website domain with the registering authority but not possible in case we want to register full “URL” of the website as Business Trademark.
Yes, The Trademark Act, 1999 allowed to foreign National business person to register their Business Trademark in India.
Yes, The person able to sell or rent the registered Trademark but the trademark belong to the person.
We provide Online Trademark registration services in Mumbai, Bangalore, Chennai, Delhi, Gurgaon, Jaipur, Kolkata, Bhiwadi, Ajmer, Jhansi, Bhopal, indore, Kerala, Pune and all the major cities in India.
Yes, The Foreign company register in any country able to register a trademark in India.
Yes, An applicant able to register word logo cum tagline in a single application but different fees charged by the government for Logo and Tagline.
The power of attorney is a legal authorisation to the person who is going to file the Trademark registration application on the behalf of the applicant and its signed and attested by the applicant.
The Business owner able to proof Trademark ownership by present the Invoices, Business Visiting card, Labelling or packing of Products or services.