Trademark Registration


File trademark to protect your brand name / logo


Starting At: Rs. 2,500 +Govt. Fees

Free Trademark Search

Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered trademark. It provides them protection as it is illegal to use the same logo or tagline.
A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

Consultation

Application Preparation

Name search & approval

Application Filing

Same day Filing

Government Fees

 

A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.

Advantage

You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.

One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.

Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.

Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.

1. Name: A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked
2. Word: A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked
3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand
4. Image: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo
5. Sound: Sound marks in audio format. For ex the sound in the ad jingle

Any person or business claiming to be owner can apply for a trademark including:
• Individual,
• Company
• Proprietor
• Society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

You need to fill our simple online trademark application form & submit documents.

To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.

Depending on nature of your products, we shall suggest the appropriate class of the 45 classes

We create your Trademark application in 3 days and get your TM number.

Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application

Big5Munim run a thorough check to make sure that your desired name or design has not already been taken or isn’t too similar to an already existing trademark.Because being exclusive do matters. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.

Once we ensure that your chosen name or design is available & exclusive, we send you an authorisation letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.

Once we receive the authorisation letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark different at the central trademark department office or via online. A trademark can be filed online only by a registered lawyer or agent.

Once a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.

This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

FREQUENTLY ASKED QUESTIONS

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.

It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.

After the application is registered with the government, a TM number is assigned by trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.

A trademark is an intellectual property which is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs or even software.

You need to produce identity proof in case of trademark registration in India. (in case of individuality).While on another hand you need to produce company incorporation documents if the entity is a company.

No! The registered trademark under Trademark Act 2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.

Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.

The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. The trademark would be registered under those classes only. When doing trademark search you should only be worried if a trademark with a similar name exists in the same class. For example, if you are an IT provider by name of ComSys, you will get your trademark if someone else has registered the same trademark in some other class.

Classes Description
Class1 Chemicals
Class2 Paints, Coatings
Class3 Cleaning Products
Class4 Fuels, Industrial Oils
Class5 Veterinary Products
Class6 Metals, metal castings
Class7 Machines and Machine Tools
Class8 Hand Tools and implements
Class9 Computers & Scientific Devices
Class10 Surgical Instruments
Class11 Appliances
Class12 Vehicles
Class13 Firearms
Class14 Jewellery
Class15 Musical Instruments
Classes Description
Class16 Stationery & Paper Goods
Class17 Rubber Products
Class18 Leather Goods
Class19 Building Material
Class20 Furniture
Class21 Crockery
Class22 Ropes
Class23 Yarns & Threads
Class24 Fabrics
Class25 Clothing,Footwear & Headgear
Class26 Lace & Embroidery
Class27 Carpets
Class28 Games & Toys
Class29 Meat Extracts
Class30 Coffee & Rice Products
Classes Description
Class31 Fresh Fruits & Vegetables
Class32 Beer & Beverages
Class33 Alcoholic Beverages
Class34 Tobacco Products
Class35 Advertising & Business Services
Class36 Insurance & Financial Services
Class37 Construction & Repair Services
Class38 Telecommunications Services
Class39 Shipping & Travel Services
Class40 Treatment of Materials Services
Class41 Education & Entertainment Services
Class42 Science &Technology Services
Class43 Food Services
Class44 Medical & Veterinary Services
Class45 Legal & Security Services

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