Trademark Registration

What is Trademark Registration?

The purpose of registering a trademark is to protect the distinct identity of your logo, slogan and brand. With BookMyTM you can find a most convenient, hassle free, cost effective way to register a Trademark from anywhere in India.
Developing and establishing a business/brand undergoes lot of stress, pain and after all these you need to protect your brand name, logo, tagline, writing style, combination of colors, shape (3 dimensional shape) even sound or anything else that provides your brand a distinctive identity. Trademark registrations in India are based on Trademark Act 1999, which makes the provision for exclusive ownership rights and restrict others from usage of your brand name/business mark.
Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 6-18 months time. It includes various processes for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which, even a distinct sound can now be registered as a trademark in India.
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Benefits of Trademark Registration

Safeguarded Commercial Goodwill

Registered owner of a Trademark has the right to create, establish and protect the goodwill of their products/services. The registered owner of a trademark can stop anyone else from unlawful usage of his Trademark. With Registered Trademark, one can sue a petition for stoppage or dilution of infringed use or to claim for the damages caused by the infringement legally.

Enhanced Reach of Goods and Services

A product or a company with registered Trademark will get a distinguished value in the market. Most of the companies reserve their unique identity by registering a trademark and these Trademark plays an important role in advertising and increases the brand value.

Legal Protection

By registering a Trademark, the owner reserves the exclusive right to use the same and he/she can sue a legal petition incase finds an infringement from anybody. Without registration of the trademark in case of infringement you may end up losing your original mark.

An intangible Asset

A registered trademark is an intangible asset to its owner. Registered Trademark can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the owner of the mark.

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Document Required for Trademark Registration

Address Proof of Applicant Certificate of Registration for other than individual, if an individual applicant – Driving License/ Aadhaar Card/ Passport or any other valid Photo ID proof issued by State/Central Governments.
Brand Name and Logo Brand name and Logo (If anything)
User Affidavit If a specific user date is to be claimed, the user affidavit is necessary for the application. To claim any specific date of usage, it requires to submit documentary proof such as invoices, registration certificates etc, where the document is reflected with the brand name/the mark has to be registered.
MSME/Start-up Recognition Partnership Firms, Body Corporate (other than individual) shall provide a certificate of registration under MSME (Udyam) or Start-up India Scheme to avail 50% rebate on the Government fee
POA (Power Of Attorney) POA (Power Of Attorney is a legal document that allows attorney to file Trademark application on behalf of the applicant to Trademark Registry. The form is prepared by Law professionals of BookMyTM after the receipt of documents.

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Register for Trademark in 3 Easy Steps

Fill up the registration form
Select any package suits your requirement
Fill up the form which will take less than 10 minutes
Make payment through secure payment gateway.
BookMyTM is Here to Help
Your queries will be answered quickly and effectively
Consultation for right Trademark Class
Provide details & upload documents required for Trademark Registration
Trademark Search Report
Drafting of Documents
Preparation and Filing of Application
Start using TM with your mark now.
All it takes 2 working days*
*Subjected to registry processing time.

The Process of Registering Trademark

Day 1
Collection of Information
Collection of required documents (Scanned copies)
Review of documents and information provided
Consultation for choosing right Trademark Class
Trademark Search Report
Drafting of Documents
Day 2
Approval from client
Receipt of Signed POA from client
Preparation and Filing of TM Application
Start Using TM with your applied Mark
All it takes 2 working days*
*Subjected to Registry Processing Time.

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FAQ

Should the trademark be filed in the individual’s name or company’s name?

Many start-ups register a Trademark on the founder’s namebecause the future of a start-up is always in doubt, whereas large businesses prefer to do so in the name of the company. Start up prefers to register the mark in the founder’s name because the trademark would be valid regardless of the state of the entity.

What cannot be registered as trademark?

Any mark that is identical or deceptively similar to an existing registered trademark or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common or generic names, common trade words and common abbreviation are also not possible to register.

Period of validity of Trademark Registration? Can a trademark registration be renewed?

The registered trademark is valid for a period of 10 years from the date of filing of application for trademark. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

What is class of trademark? How to find appropriate class?

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate applicationhas to be filed by paying prescribed Government fee.

Will the trademark be valid outside India?

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

If the Brand Name & Logo has to be registered, would it be considered as 2 applications or 1 application?

The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

How does a start-up or MSME qualify for a 50% rebate on Government fee?

If you have a valid certificate issued by Start-up India (an initiative by Government of India), or an MSME registration your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.

Can a multi-class application be filed in India?

Yes, one can apply for registration under multiple classes in one single application.

Can a registered trademark be amended later?

Yes, the owner can amend the registered mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.

Is the trademark liable for removal on the ground of non-use?

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.