Trademark

Trademark Registration

A registered trademark remains valid for a period of 10 years, after which it can be renewed. The renewal process ensures the continued protection of the trademark for successive 10-year periods.

Upon submission of a trademark application to the relevant department, the symbol “TM” can be used to indicate that the trademark is being claimed. This symbol serves as notice to others of your intent to protect the mark, even while the application is pending.

Once the trademark application is approved and officially registered, the symbol “®” (the registered trademark symbol) can be used. This signifies that the trademark has been successfully registered with the appropriate authorities and is now legally protected.

How it Works?

TM Search Result in 24 Hours

Thorough TM search by our experts

1 – 2 Days Process

TM application filing & start using TM

0 – 9 Months Period

TM registration certificate (upon approval)

Trademark Registration In India - An Overview

Trademark Registration is key for businesses to protect their Intellectual Property. Registering gives you Brand Protection and the sole Legal Rights to your symbol, logo, or name. Always do a Trademark Search before registering. This ensures no other trademarks could cause Infringement. For your application, you’ll choose Trademark Classes and send it to the Trademark Office. Consulting a Trademark Attorney can make the process smoother. After registering, you can use the Trademark Symbol. Do not forget to meet Renewal deadlines to keep your rights. This whole process strengthens your Brand Identity and stops others from copying.

Types of Trademark Registrations in India

Pattern Mark

A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern.

Label Trademark

A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand.

3D Trademark

Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 .

Slogan/Tagline

Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
Nike’s ‘Just Do It’ is a perfect example of a slogan trademarked.

How to Register Trademark in India With Vakilsearch

Our Trademark Lawyers will conduct an extensive trademark search

Reach out to our trademark experts and resolve all your queries. After providing all the documents, our experts will conduct a thorough trademark search on all the government portals and our free trademark tool. This is to verify if the mark you wish to register is available. If you want a detailed search report, our Senior trademark lawyers will conduct an extensive search with detailed opinion which can be accessed from here.

Class Selection and Trademark Application Filling

Our team of experts will help you choose the right class or classes for your business. All businesses are categorised in 45 classes as per Trademark laws. We will assist you in choosing the appropriate classes to address every aspect of your company. The trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free

Trademark Publication in Journal and Registration

After the application is accepted by the examiner it will be published in the trademark journal for a period of 4 months. If there is no third party opposition, you will receive the certificate for Trademark registration. In the event of a trademark objection, show cause hearing or opposition during the registration process, our team will provide crucial support. Our experts will reply to the objection raised within the 30-day timeframe or other stages within the stipulated timelines.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

Documents Required for Trademark Registration Online India

The following documents should be submitted for trademark registration in India:

Image of the trademark
Power of Attorney(drafted by us)
User affidavit ( only if prior user of trademark)
TM-A form (drafted by us)
Id Proof of the applicant along with Address

Trademark Symbols and Their Uses

R SYMBOL

The R symbol denotes that the trademark is registered and no one can copy it. This provides the maximum degree of protection available for a trademark that has been registered. To put it simply, if the R symbol is granted to a trademark one cannot reuse it anywhere.

™ SYMBOL

This symbol is used while you are waiting for your application to be reviewed by the Registrar. This symbol can prevent others from using the mark by indicating that you are claiming rights inside it. The user may also be granted common law trademark rights by using the TM symbol.

SM SYMBOL

The SM symbol represents a service mark. Its purpose is to signal the assertion of rights in the mark, specifically in connection with services like banking or legal services, as opposed to physical goods. Similar to the TM symbol, having a SM symbol does not automatically ensure legal protection for the owner’s mark under trademark laws. Additionally, the registration status of a service mark does not affect the authorisation to use the SM symbol.