Service in Focus
Trademark Registration
You must do trademark registration in India under the Trademark Act, 1999 if you want exclusive ownership to use the logo, slogan, shape, and packaging of goods, sound, smell, color combinations, or anything else that gives your brand a distinct identity. The registered trademark restricts all others from its usage, thereby benefitting you as the owner of the registered mark.
Application for logo registration can be done quickly and online. You can start using a TM symbol as soon as the application is made. However, the TM registration process takes up to 15-18 months. It includes various processes for validating the original owner of the mark. You can then use an R symbol along with it, and it will be valid till 10 years from the date of registration.
Individuals, all types of businesses, non-profit organizations and NGOs, societies, and trusts can all apply for a trademark. In the case of companies, non-profit organizations, and LLPs, the trademark application has to be filed in the name of the concerned business.
Application for logo registration can be done quickly and online. You can start using a TM symbol as soon as the application is made. However, the TM registration process takes up to 15-18 months. It includes various processes for validating the original owner of the mark. You can then use an R symbol along with it, and it will be valid till 10 years from the date of registration.
Individuals, all types of businesses, non-profit organizations and NGOs, societies, and trusts can all apply for a trademark. In the case of companies, non-profit organizations, and LLPs, the trademark application has to be filed in the name of the concerned business.
TM
Trademark
The TM symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.
SM
Service Mark
The SM symbol is used for the service industry, specifically for service mark applications. The SM symbol is used for applications that are filed under class 35-45.
R
Register Mark
Once a trademark is registered, then the applicant can start using the R symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
C
Copyright Mark
Required Documents
1
Applicant name; applicant is the trademark owner or the person authorized by the trademark owner
2
Applicant Identity proof; this can be PAN card, Aadhar card, driving license, passport, ration card or voter’s ID
3
Identify proof of the trademark owner; the individual or proprietor of a business
4
Applicant address proof
5
Address proof of the trademark owner; the individual or proprietor of a business
6
Business name and certificate of registration
7
Type of business organization and work activity
8
Particulars of the business objective
9
Registration address
10
Identity and business proof
11
Details of brand and logo; in case of a tagline with only words, there is no need of a logo; if a logo is used, then it should be submitted in black and white format; the number of words in the logo should be the same as mentioned in the application
12
Signed Form TM – 48 or Form 48; on your behalf, an attorney is authorized to file for the trademark application with the Trademark registrar
13
User affidavit to be submitted in case of a claim for the previous trademark in the application
14
MSME or Startup Recognition; Partnership firms and body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
15
Proof of TM Use; to claim specific user data, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
Additional Info
Government Fees for Trademark Registration
You will pay Rs. 9000.00 towards government fees. If you own an MSME, SSI, or Udyog Aadhar certificate, this fee is reduced to 50%.
