TRADEMARK REGISTRATION IN INDIA

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises; in simple words it gives an exclusive identity to one’s goods or services so that the brand value, reputation and goodwill can be enhanced by a certain business and it differentiates one’s goods and services from the competitors. 

The registration process of trademarks of goods and services is done according to the provisions of Trade Marks Act, 1999 and Trademark Rules 2017.

Once the trademark is registered it is last forever subject to renewal every 10 years unlike patents which are for a limited period i.e. 20 years. 

WHAT ARE THE TYPES OF TRADEMARKS 

• Words and service marks  
• Shape marks  
• Logos and symbols  
• Collective marks  
• Series Marks  
• The Certification mark

Note:

Tendered trademarks that are similar or identical to an already existing registered trademark cannot get registered. Besides this, trademarks that are deceptive, generic, offensive, similar, containing exclusively protected emblems, etc. cannot be registered either.

WHO CAN APPLY TRADEMARK 

• Individual, 
• Anyone of the Partners on behalf of Partnership/ LLP
• Anyone of the Directors on behalf of the Company etc.,

WHAT IS FEE FOR FILING TRADEMARK

S. NO	PARTICULARS	PHYSICAL FILING	E-FILING
	Individual	Rs. 5,000/-	Rs. 4,500/-
	Other than Individual	Rs. 10,000/-	Rs. 9,000/-

Documents required for Trademark Registration

• For Individual

• Copy of proposed Logo/Mark
• Copy of Identity Proof
  • Aadhar Card,
  • Pan Card, and
  • Passport (If any)
• Copy of Address Proof
  • Latest Electricity Bill (Not older than 2 Months)
  • Latest Phone Bill (Not older than 2 Months)

• For Partnership / LLP / Company – Small Enterprises or Start-ups 

In Case of Having UR (Udyam Registration Certificate)

• Scanned copy of the logo (optional)  
• Udyam Registration Certificate  
• Partnership Deed or the Incorporation Certificate  
• Copy of identity proof of signatory/ applicant  
• Copy of address proof of signatory/ applicant 

In case of not having UR (Udyam Registration Certificate)

• Scanned copy of the logo (optional)  
• Partnership Deed or the Incorporation Certificate  
• Copy of identity proof of signatory/ applicant  
• Copy of address proof of signatory/ applicant

Trademark Registration – Frequently Asked Questions (FAQ’s)

Q-1  What is the Registering Authority?

Ans: The trademarks in India are registered by the Controller General of   Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.

Q-2 What are the governing  laws for Trademark Registration?

Ans: The Trade Marks Act of 1999 and the Trade Marks Rules of 2017 govern trademark registration in India.

Q-3 Who can apply for a Trademark?

Ans: In India, a trademark can be registered by the registered proprietor or an agent on their behalf. The agent can be: 

• A legal practitioner
• A registered trademark agent
• A person in the sole and regular employment of the principal
• A trademark attorney