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TRADEMARK REGISTRATION - INDIVIDUAL

Protect your brand, file Trademark Application easily with us.


Starting at Rs. 6199/- only

Trademark Registration – TM - INDIVIDUAL

A trademark (popularly known as brand name) in layman’s language is a visual symbol which
may be a word signature, name, device, label, numerals or combination of colours used by
one undertaking on goods or services or other articles of commerce to distinguish it from
other similar goods or services originating from a different undertaking.

The legal requirements to register a trademark under the Act are:

Some Examples of Trademarks:

1. Distinctive General Word: Apple

2. Fanciful designation: Zomato

3. Distinctive Personal Names: Ford

4. Slogan: Drink it to believe it (Pepsi), Hum hain na! (ICICI bank limited)

5. Device: 

6. Number: the 4711 cologne
7. Picture:       (Lacoste logo)

Registering your trademark helps you secure exclusivity over your mark throughout country/region of registration. It gives you legal rights of injunction and compensation over third party infringers, and in turn helps you create a brand value.

How to select a good trademark?

  1. If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
  2. One must avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
  3. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
  4.  It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. We at Legalsahayata can help you conduct a trademark search using the Government searh tool.

Who can apply for a trademark and how?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent with power of attorney, the period of use of the mark. 

In case of Indian applicants, jurisdiction is decided based on the principal place of business of applicant and in case of foreign applicant, jurisdiction is based on where applicant’s agent or attorney is situated

Why Trademark Registration is necessary

LEGAL PROTECTION

Securing a Trademark not only protects your brand but also provides you with the tools to prevent someone using similar signs. Registering a Trademark helps you to establish your own brand and stops others from using it. It is a valid legal protection that you obtain by registering.

UNIQUE IDENTITY

All are there in the name and brand. Your clients will know you only by your brand. They will identify your products and services with the brand attached to it. Registering your trademark ensures this. It automatically gives your product or service a unique identity, different from others

CREATION OF ASSET

A well-known brand or logo is an intellectual asset for the owner. You can very well capitalize on the same if the same is registered. There are numerous instances whereby registered brands can easily sell the franchise or lend the name for huge fees or royalties.

TRUST AND GOODWILL

A well-known brand or logo is an intellectual asset for the owner. You can very well capitalize on the same if the same is registered. There are numerous instances whereby registered brands can easily sell the franchise or lend the name for huge fees or royalties.

POPULARIZE YOUR BRAND

A Trademark is easily searchable. This, in turn, helps you to get popular among people. Trademark is a valuable asset and if maintained properly, it keeps appreciating over a period. It makes easy for you to hire people.

GLOBAL TRADEMARK

It is quick and easy for non-resident Indians, foreigners or foreign entities to register a trademark in India. What’s more, they do not have to have a place of business in India to do so. A Registered Trademark in India can also be registered globally.

Documents Required

To register a trademark the following documents should be uploaded on LegalSahayata platform:

  1. Logo, if applicable.
  2. Identity proof of the trademark owner
  3. Incorporation certificate, if company or LLP
  4. Address proof

Note: Logo is not mandatory. Word alone can be trademarked.

Pakcage Inlusions

  1. Consultation from experts
  2. Application Preparation
  3. Name search & approval
  4. Application Filing
  5. Track application status

Why Choose LegalSahayata?

Low Price

No Office Visit

No Hidden Cost

Charges After Work Completion

Avoiding Trademark Application Rejection

To avoid the trademark application from being rejected, the following checklist can be helpful:

  1. The mark is not similar to an existing application
  2. The mark is not a well known or generic term like “Milk” or “Chair”
  3. The mark is not deceptive or misleading people
  4. The mark contains bad or offensive words
  5. The mark contains words like Government or President or other well-known personalities

Validity of Trademark Registration

The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed in FORM TM-R within one year before the expiry of the last registration of trademark. The renewal fee for physical filling is 10,000 while for e-Filling is 9,000. If renewal fee is not paid till the expiration of last registration, surcharge has to be paid along with prescribed fee accompanied to form TM-R.

Process for Trademark Registration

  1. An initial trademark search (identical search or similarity search) may be conducted on the government portal.
    2. Once there is a go ahead for trademark filing, an application for Trademark will be made through relevant forms provided by the trademark office/ Registrar of Trademarks.
    3. The application is then formally examined by the Indian Trade Marks Office, regarding the mark’s registrability and/or any similarity with existing marks. The mark is examined basically on three grounds i.e. distinctiveness, descriptiveness and similarity to the prior marks. To qualify for registration, mark should be distinctive, non-descriptive, and there shouldn’t be any similar prior marks.
    4. Post examination process, if the trade mark application is considered allowable, the trademark will be advertised in the Trade Marks Journal.
    5. If an objection is raised, an official examination report will be issued to the owner of the mark. To overcome the objection, the trademark holder needs to file a proper legal reply to the Trade Mark Registry in order to overcome the same.
    6. A reply has to be made to the trademark office in lieu of the reports that may be accepted or may be followed by a hearing. The applicant or agent if appointed is required to respond to the examiner’s objection(s) within a period of one month from the date of receipt of Examination Report. Failure to respond to examination report within this specified period can lead to abandonment of application
    7. If the trademark office is satisfied that the trademark request complies with all the necessary provisions under the act, the mark is advertised before acceptance. The Registry may also call holder for personal hearing regarding the acceptability of the mark.
    8. Once the mark is advertised in trademark journal, it is open for a period of 4 months for third parties to oppose.
    9. If no opposition is received during the specified period, the Trademark is deemed to be registered.

Frequently Asked Question

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

Trademark attorneys and examiners arrange trademark applications according to the description and classes of goods or services to which the trademarks apply. Trademark in India is classified in about 45 different Classes.

As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.

You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.

A unique name or logo has the highest chance of getting registration. However, it solely depends on the ministry to grant registration.

Well, both are possible and permissible. It depends on how old your company is and many other factors. Usually, startups get Trademark Registered in the promoter (owner) name. Larger businesses get Trademarks done on Company name

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offense, with a penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.

Following marks can be registered under Indian Trademark Law:
• Names
• Invented words
• Numerals
• Letters
• Devices
• Combination of Colors
• Shape of goods
• Slogans
• Signatures
• Sound marks

  • Easy to pronounce, spell, remember
    • Should be distinctive and should not have deceptive similarity
    • Should not be descriptive

Yes, sound and smell can be registered as a trademark in India under the Indian Trademark Law.

A service is the same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.

Yes, the filed mark is allowed to be amended as per the provision of Section 22 of the Trademarks Act, which allows the amendment of the mark provided it does not amount to a substantial change in the character of the mark as such. Any superficial or insignificant character or feature of the said mark, is allowed to be amended, if a request filed in the prescribed format along with 16 copies of the amended label mark.

Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use if:
1. That the trade mark was registered without any bona fide intention and was not used till a date three months before the date of the application for removal; or
2. Trademark was not used for a continuous period of five year from the date of registration of trademark and application was made after three months from the expiry of five years.

International Classification of goods and services (Nice Classification) is adopted in India.

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