+91- 93107 66086
Mon - Sat 10:00-19:00
Free Consultation

Trademark Registration

Safeguard Your Intellectual Property: Register Your Trademark with Ease.
Trademark Registration

    Trademark registration is a critical process for businesses aiming to protect their brand identity and maintain a competitive edge.

    Tax Mother ensures that the process is handled effectively and increases the chances of a successful registration.

    Take the First Step towards Brand Protection: Contact Our Trademark Specialists.

    Trademark Registration

    Trademark registration is a crucial step for businesses to protect their brand identity and differentiate themselves from competitors.

    However, the process can be complex, requiring careful consideration and adherence to certain guidelines. Seeking professional assistance for trademark registration is highly recommended to ensure a smooth and successful process.

    The establishment of the Trade Mark Registry in 1940 was a significant step to safeguarding intellectual property rights. A trademark is a distinctive symbol, word, graphic, packaging, or any combination thereof that represents a company’s goods or services. All trademarks are registered under the Trademark Act of 1999. Trademarks create a distinguishing factor for goods and services, setting them apart from competitors.

    Trademark Symbols: Their Meaning and Usage

    Ensure Brand Differentiation through Trademarks
    • ® - The 'R' symbolThe most well-known symbol, it can only be used after obtaining a final trademark certificate from the registry. Using the 'R' symbol without a registration number violates the Trademark Act of 1999 and may lead to rejection of the application.
    • ™ - The 'TM' symbolIt stands for Trademark and can be used for goods, indicating that the mark is being used in connection with the respective goods. It does not require a registered trademark but alerts competitors that the mark is at least used in consideration with the goods.
    • SM - The 'SM' symbolIt stands for Service Mark and is used for services, indicating that the mark is being used in connection with the respective services. Similar to the 'TM' symbol, it doesn't require a registered trademark but creates a distinction by notifying competitors about its usage in relation to services.

    Why Trademarks are so Important?

    Trademarks play a vital role in safeguarding a company's brand and reputation.

    They provide exclusive rights to use a distinctive word, phrase, logo, or symbol that represents the goods or services offered. Here are some reasons why trademarks are important:

    • Brand ProtectionTrademarks prevent others from using similar marks that could confuse consumers and dilute the brand's value. They help establish brand recognition and build trust among customers.
    • Legal ProtectionTrademarks provide legal recourse against unauthorized use, counterfeiting, or infringement of the mark. They give the owner the right to take legal action and seek damages in case of infringement.
    • Competitive EdgeA strong trademark sets a business apart from competitors by creating a unique brand identity. It helps attract customers, build loyalty, and differentiate products or services in the marketplace.

    Who Can Apply for Trademark Registration?

    The Importance of Trademarks for Business Success

    Any individual, LLP, partnership firms, foreign companies, Indian companies, NGOs, or entities claiming to be the owner of a trademark used or proposed to be used can apply for registration.

    Trademark Registration Process

    Get Professional Help Today: Ensure a Smooth Trademark Registration Process!
    • Conduct a Trademark SearchThe first step is to check the availability of the proposed mark. A trademark agent conducts a search in the Trademark Registry to ensure there are no identical or similar trademarks already registered under the relevant class. It is advisable to choose a unique mark.
    • Select the Appropriate ClassIdentify the most suitable class for your business from the classes provided by the Trademark Registry.
    • File the Application and Obtain TM NumberFile the trademark registration form (Form TM-1) with the TM Registrar along with the required fees. The registry will assign an application allotment number within one or two working days.
    • Verification and ExaminationThe application will be verified by a Presiding Officer in the TM Registrar's Office. If the application is deemed correct, an examination report will be issued.
    • Hearing before the Office/RegistrarIf the application is objected to or rejected, the applicant can appeal and appear before the Trademark Officer to address the objections raised.
    • Trademark Registration CompletionOnce all requirements are satisfied and the registrar accepts the application, the applied mark will be published in the Trademark Journal.

    Timeline for Registering a Trademark in India

    Get Professional Help Today: Ensure a Smooth Trademark Registration Process!

    Obtaining a trademark registration usually takes around 18 to 24 months, assuming no objections are filed.

    Documents Required for Trademark Registration and Filing

    The following documents are typically required
    • Applicant's Identity Proof
    • Proof of Business
    • Form TM 48 (Authorization for agent/attorney)
    • Logo with tagline (if applicable)
    • User Affidavit (if prior usage is claimed)
    • Power of Attorney
    • Board Resolution (in case of a company)

    How to Select a Word or Logo for Trademark?

    When selecting a word or logo for trademark, consider the following points:
    • DistinctivenessChoose a mark that is distinctive and not generic or descriptive. Distinctive marks are easier to register and protect, as they have a higher chance of being considered unique.
    • Similarity CheckConduct a thorough search to ensure your proposed mark doesn't conflict with existing trademarks. Look for similar or identical marks in the same or related industries to avoid potential legal issues.r business from the classes provided by the Trademark Registry.
    • Avoid Descriptive TermsAvoid using words or phrases that directly describe the goods or services you offer. Descriptive marks are difficult to register and provide weak protection.

    What are the Grounds for Trademark Refusal?

    Trademark applications can be refused on various grounds, including:
    • Likelihood of ConfusionIf your proposed mark is similar to an existing registered or pending trademark in the same industry, it may cause confusion among consumers.
    • Descriptiveness or GenericnessPurely descriptive or generic terms are often refused, as they lack distinctiveness and do not serve as unique identifiers.
    • DeceptivenessMarks that mislead or deceive consumers, such as suggesting a false connection with another company or misrepresenting the nature of the goods or services, can be refused.
    • Immorality or ScandalousnessMarks containing vulgar, offensive, or immoral content may be refused, as they go against public morality and order.
    • Geographic NamesIn some cases, the use of geographic names in a trademark can be refused to avoid monopolies or confusion with commonly used terms.
    • Similarity to Official Symbols or EmblemsTrademarks incorporating protected symbols, national flags, or official hallmarks can be refused due to the potential for misuse or confusion.
    • Lack of Distinctiveness: Trademarks that lack distinctiveness, are too generic, or merely descriptive may be refused as they do not fulfill the function of identifying the source of goods or services.