History and Significance

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualify for registration under the Act and Rules.

Registering Authority

In India, trademarks are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. One can register the trademark under the act named, The Trademark Act, 1999.

The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person.

Validity of Trademark Registration

Once a trademark is registered, one can use an R symbol along with it, and it will be valid till 10 years from the date of registration. One can easily get a TM within 3 days. But, to get an R, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

Benefits of Trademark Registration

Brand Creation
The rising quality of your product and services are known by everyone through the trademark and which thereby creates trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand thus, leading towards brand Creation.

Exclusive Rights
The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the respective class or classes applied. It gives the exclusive right to sue the unauthorized user of the Trademark Registered.

Product Recognition and Differentiation
It makes easy for customers to identify your products in the market. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool in the existing competitive market. The logo further communicates your vision, quality or unique characteristic of your company .

Assets Creation
Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organization. Registered trademark is a right created in the form of assets which can be sold, assigned, franchised or commercially contracted

Use of “R” symbol
Once the trademark is registered the “R” symbol on the logo states that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights.

Protection against infringement
No competitor or other person can use the word mark or logo registered by you under trademark. However, if one uses it without the approval of the owner of trademark or make use of same, the owner can get the legal protection under the Act and stop the person doing so.

Global Trademark Registration
In case any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established Goodwill in the Country.

Attract Efficient Human Resources
People aspire to join big Brands as it acts as a magnate. It inspires the positive image of the organization and thus candidates are attracted towards them easily.

Trademark Classes

There are overall 45 Classes for Trademark registration out of which 34 classes are for products and 11 are for service Category.

Trademark classes list of goods and services:

For Goods:-
Trademark Classes Description
Class 1 Chemicals, Resins, and Plastics
Class 2 Varnishes, Paints, and Anti-corrosion substances
Class 3 Cosmetics, Hair Oils and Lotions, and Cleaning Preparations
Class 4 Greases, Lubricants, and Fuels
Class 5 Pharmaceutical, Medical, and Sanitary Preparations
Class 6 Goods of Metals and Alloys, Ironmongery and Hardware Products
Class 7 Equipments and Machineries
Class 8 Hand-operated Devices and Tools
Class 9 Scientific, Electrical, and Technological Apparatus
Class 10 Medical and Surgical Instruments and Apparatus
Class 11 Heating, Cooling, Drying, and Refrigerating Apparatus
Class 12 Land, Air, and Water Vehicles
Class 13 Explosives and Firearms
Class 14 Precious Metals and Stones, and Jewelry Items
Class 15 Diverse Musical Instruments
Class 16 Paper Goods, Stationery Products, and Printed Materials
Class 17 Rubber and Plastic Goods and Products
Class 18 Products made of Hides and Leathers
Class 19 Various Non-Metallic Building Materials
Class 20 Furniture, and other precious household Articles
Class 21 Kitchen Utensils, Household Appliances and Glass products
Class 22 ClRopes and Cordage, Fibers, and Stuffing materialsass
Class 23 Threads and Yarns for uses in textiles
Class 24 Textiles and Fabrics
Class 25 Apparels and Clothing
Class 26 Fringes and Fancy Goods and Products
Class 27 Floor Coverings and Wall Hangings
Class 28 Toys, Sporting, and Sports Goods
Class 29 Meats and Processed Food Items
Class 30 Auxiliary Food and Beverage Items
Class 31 Agricultural and Horticultural Product
Class 32 Beers, Light Beverages, and Fruit Juices
Class 33 Wines and Spirits
Class 34 Tobacco Products and Smokers' Articles
For Services:-
Trademark Classes Description
Class 35 Advertising and Business Services
Class 36 Insurance and Financial Services
Class 37 Building, Construction and Repair Services
Class 38 Telecommunication Services
Class 39 Transportation and Storage Services
Class 40 Treatment of Materials Services
Class 41 Education and Entertainment Services
Class 42 Computer, Scientific and Legal Services
Class 43 Hotels and Restaurants Services
Class 44 Medical, Beauty, and Agricultural Services
Class 45 Personal and Social Services Services

Exemptions and Important Features of OPC

  • The Application For Trademark Registration Can Be Filed With The Trademark Registrar.
  • The Application For Registration Of Trademark Must Be Made In The Prescribed Form And Filed Along With The Fee With The Trademark Registry.
  • A Trademark Registration Application Must Contain The Following Information :
    • Logo Or The Trademark
    • Name And Address Of The Trademark Owner
    • Classification Or Trademark Class
    • Trademark Used Since Date
    • Description Of The Goods Or Services
    • Prior User Affidavit In Case The Mark Is Already In Use
  • Once The Trademark Registration Application Is Filed With The Trademark Registrar, A Trademark Application Allotment Number Is Provided Within One Or Two Working Days.
  • On Obtaining Trademark Application Allotment Number, The Owner Of The Trademark Can Affix The TM Symbol Next To The Logo.
  • Trademark Registrar Now Applies For The Vienna Classification To The Trademark Based On The Figurative Elements Of Marks, The Status Of The Application Reflects As “Sent For Vienna Codification”
  • The Trademark Registrar Scrutinizes The Application And Marks The Application For Examination For Which The Applicant Has To File A Reply In Case The Registrar Finds Any Similar Trademarks. In Case The Registrar Is Not Satisfied With The Reply Filed By The Applicant, A Hearing May Be Scheduled.
  • Once The Trademark Registration Application Is Accepted By The Trademark Registrar, The Proposed Trademark Is Published In The Trademark Journal. The Public Gets An Opportunity To Object The Trademark Registration, If They Believe They Will Be Damaged By That Registration. If There Are No Objections Filed Within 4 Months Of That Publication, The Mark Will Typically Be Registered Within 12 Weeks Months’ Time.
  • Once There Are No Objections Or Oppositions For The Trademark Registration Application, The Trademark Manuscript And Trademark Registration Certificate Will Be Prepared And Sent To The Trademark Application.
  • Once The Trademark Registration Certificate Is Issued, The Trademark Is Considered To Be A Registered Trademark Of The Owner, Granting The Trademark Owner Exclusive Use Of The Mark. The ® Symbol Can Now Be Placed Next To The Logo Or Trademark.

List of documents required for Trademark Registration

For Individuals and
Sole Proprietorship

  • Copy Of The Logo, Preferably In Black & White (Optional). In Case Logo Is Not Provided, The Trademark Application Can Be Filed For The Word.
  • General Power Of Attorney On Stamp Paper Is An Authorization From The Applicant To a Trademark
  • Agent / Attorney For Filing The Trademark Application On His/ Her Behalf.
  • Identity Proof Of The Individual Or Proprietor.
  • Address Proof Of The Individual Or Proprietor.
  • User Affidavit On Stamp Paper Is Trademark Is In Use Before Application.

For Partnership/LLP/Company-Small Enterprise or Startup/Others

  • Copy Of Logo (Optional)
  • Power Of Attorney On Stamp Paper
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate Or Partnership Deed.
  • Identity Proof Of Signatory.
  • Address Proof Of Signatory
  • User Affidavit On Stamp Paper Is Trademark Is In Use Before Application.

Trademark Registration Pricing

Normal

Starting at Rs. 8,499 /- Onwards
  • Trademark Registration under One Class for Proprietorship and small entities having MSME
  • 1 DSC Class 2

Standard

Starting at Rs. 9,499 /- Onwards
  • Trademark Registration under One Class for Proprietorship and small entities
  • MSME Registration
  • DSC Class 2

Executive

Starting at Rs. 12,999 /- Onwards
  • Trademark Registration under One Class for other Entities
  • 1 DSC Class 2

Trademark Objection Pricing

Normal

Starting at Rs. 4,499 /- Onwards
  • Response to objection by trademark examiner
  • Exclusively for the ones who filed their Trademark from Filingwale

Standard

Starting at Rs. 5,499 /- Onwards
  • Response to objection by trademark examiner
  • Filing of fresh Power of Attorney in Form TM-48

Executive

Starting at Rs. 8,999 /- Onwards
  • Response to objection by trademark examiner
  • Filing of fresh Power of Attorney in Form TM-48
  • Trademark rectification

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Frequently Asked Questions

How long will it take to obtain trademark registration?

Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

When can I use the TM Mark?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When can I use the ® mark?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

How long is a registered trademark valid for?

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.

Can a foreigner or a foreign entity apply for trademark in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.