Trademark is a Name, Word, Phrase, Logo, Symbol, Image or a Combination of these to distinguish the products and services. A trademark is the intellectual property of its holder and the ownership of a trademark originates from its usage in business.
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A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company’s products and services from those of others. It is also used as a marketing tool to create awareness and recognition of products or services among customers.
A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark. Trademark Registration provides ultimate protection for Business Name, Brand Name, Taglines, Captions, Logo, Symbol or Emblem or a combination of these as Trademark.
There are Different Types of Trademarks such as Word Mark, Device Mark, Colour Mark, Shapes of Goods, Sound Mark and Three Dimension Mark.
A company/individual should register the trademark in order to possess the complete ownership of the mark and to protect the same from misuse by another person/business entity. If the trademark is not registered, the owner of the mark shall not be entitled to initiate any legal proceedings against anyone to prevent or to recover damages for the infringement of the trade mark.
Under Trademark Registration process, goods and services are classified into 45 Classes of Trademark. It is very important to identify the class in which the goods/services fit into and file an application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.
Our Trademark Class Finder Tool will help you to identify the class in which the Trademark for a particular product / service is to be registered and to check whether the proposed trademark / name is already registered by someone with the Trade Mark Registry.
Trademark Registration Fee is payable separately for each application under each class.
If the trademark is used for different products and services, separate applications under multiple classes has to be filed for protecting name under different categories of products and services
Category of Applicant |
Normal Fee| |
Reduced Fee |
|
Individual Applicant / Sole Proprietorship |
4500.00| |
NA |
|
Company / LLP / Partnership / Joint Application / Others / |
9000.00| |
NA |
|
Company / LLP / Partnership / Others with MSME Registration or Start-up India Registration |
NA| |
4500.00 |
Identify the TM Class for filing Trademark. Also confirm Name or Logo or Both to be filed.
The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered.
Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address,
TM registry will verify the application and if the trademark application meets the requirements. Once Formality Check is completed, TM Registry shall examine he trademark application.
When the trademark is approved by the TM Registry, the details of Mark will be will be advertised in the Trademark Journal. If anyone has Objection / opposition to the registration of Marks can lodge Notice of Opposition to Trade Marks Registry on Form TM-O within four months from the date of the Journal with the prescribed fee.
After completion of 4 months from the date of advertisement in journal, the TM registry shall issue a certificate of TM Registration to the applicant.
Classification of Goods and Services
The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered. This is crucial since trademark protection is ac
Filing of Trademark Application
Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address, the chosen trademark, goods and/or services relating to the chosen tradem