Register a Trade Mark (Brand Name) In India By Yourself
- The first step in registering an trademark is to define the categories for which you wish to trademark. Classes 1 through 34 deal with products and services, while classes 35-45 are for services.
- trademarks for logos and words have the right to file separately. This means that the name of your business must be filed under Class X and also for any representation in graphic form (your brand logo) within Class X. Link for form to register design: Form link
- You’ll need to sign the Power of Attorney to authorize your lawyer to serve as your agent. A trademark may be filed as an individual however the filing of a trademark attorney is the usual procedure.
- A trademark search is not required however it allows you to navigate the process with ease and anticipate any potential conflicts that could be arising.
- The lawyer will make your trademark application known to the Trademark Office and send you the confirmation. Within a couple of days, the attorney will mail you the original Representation Sheet for your trademark in the form it was filed with the Trademark Office.
- Once your trademark is approved, it will be published after approval, it is published in The Trademark Journal.
- Contact information and office locations: Contact link
- To file new applications, There are specific forms to be used based on the type of application like Form TM-1, the TM-2, TM-3, TM-51 , etc.
Application Online Apply Online: India Register Trade Marks (Brand name) Online, with images
- The applicant can apply using this link to apply online for registration of trade marksThe following link will allow you to apply online for registration of a trade mark : online portal link
- When the site is opened, it will ask for user ID. If you have a user ID and password, you are able to login with the credentials. If you’re a new to the user experience, please register and then log in to proceed.
- After logging in, please follow the prompts and directions to finish the application process. The final step of the procedure, the user must pay through your payment provider.
- On the page for payment gateways you will be able to select the form of payment(Credit or Debit/Net Banking) and enter the required information at the prompting points and click make payment to get to the next page.
- User must follow the prompts on the screen to select the payment method to complete the online payment transaction.
- After the payment has been accepted and the payment is processed, the customer will receive an acknowledgment of payment. Keep it safe or printed for later use.
Note:
- Make sure to scan the appropriate documents before submitting your application online
- In certain states, applicants must apply for services over the counter such as CSC centers/e-seva, etc. to apply.
- In certain states, applicants must apply via the state department’s online portal.
- Find contact information and an application forms from the appropriate state portal procedures using the links provided for each of the states below.
Required Documents For Register a Trade Mark
- Power of Attorney is signed by the person applying. If it is a corporate bodies, it is signed by the Director or Legal Representative of the company.
- Graphic depiction of design
- Aadhaar Card
- Company ROC information
- GST details if required
Note:
- All originals and copies of the original, with self-attestation as per the instructions of appropriate authorities must be submitted according to the requirements.
- Other than the above documents, authorities can request additional documents or information. You must provide them to process.
Office Locations and Contacts
Intellectual Property India, BoudhikSampadaBhavan,Antop Hill, S.M. Road, Mumbai-400037
Contact number: +022-24132735 Fax: + 022-24123322
E:mail : cgoffice-mh@nic.in
Link for Contact details: link1 AND Link2
Eligibility
Trademarks are filed from the corporation (and therefore is owned by the company as well as the shareholders) or by the company’s founder (and granted on behalf of the corporation).
Fees
- Rs 3500/- per mark per class
- Lawyers will be charged Rs. 1000/- up to Rs 3000/- for each mark for each class.
- For trademark search, the cost is Rs 500. trademark search
Validity
- The period for registration of trademark lasts for (Ten) (Ten) years. However, it is able to be renewed subject to the payment of a prescribed fee as per the requirements in the Trademarks Act, 1999.
- A request for renewal of trademarks is possible within six months of the date of expiration of the previous trademark registration.
Instructions
How to choose the trade mark you want to use:
- If it’s a term, it must be simple to understand, spell and remember.
- The most effective trademarks are those that have been invented words or words that have been coined.
- Avoid using the name of a geographic area. Nobody can claim exclusive rights to it.
- Beware of using laudatory words that speak of the quality of products (such as top, perfect or super)
- It is recommended to conduct a market study to determine if the same or similar mark is being used in the market.
Who is eligible to be able to apply for a trade mark and in what way :
Anyone who claims to be the owner of a trademark which is used or planned to use by them can submit a written application in a specific manner to register. The application should include the trade mark, items or services offered, the address and name of the applicant and the agent (if there is one) along with a power of attorney , duration of the use of the mark, as well as signature. The application must be submitted in English as well as Hindi. The application should be submitted to the correct office.
advantages of registering a trademark
A registered trademark gives the proprietor the sole right to usage of the mark and to indicate this with symbols (R) in connection with the services or goods for which the mark is registered . The owner can seek relief from infringement before the appropriate court within the country. However, the exclusive rights are subject to any restrictions that are imposed in the register, such as restriction of the use area or limitation of use. In addition, when two or more people have registered a identical trademarks due to unique circumstances, this exclusive right will not confer any rights on one another.
The Document is required
- Guards your hard-earned goodwill and also prevents other companies from cashing in your business’s goodwill.
- It protects your name or brand name from being used the similar or similar manner by any other business company.
- The status gives the product a label as Branded Goods.
- The sole right to the use of the trademark and the right to seek relief for the infringement (misuse by third parties) of the trademark.
- The term “trade mark” (brand brand name) is a symbol in the form of a visual that can be a term or signature, name, device such as a label, numerals, or the combination of colors used by one.
- The legal requirements for registering trademarks in the Act are:
- The chosen mark must be able to be graphically represented (that is, in paper format).
- It must be able to differentiate the services or products of one business from those of other companies.
- It is recommended to use it or be suggested to be used with respect to services or goods to indicate.
Information that could be helpful
- It is recommended to conduct a trademark search in the relevant classes prior to submitting the application to apply for registration of a trademark to be sure there isn’t a identical trademark registered, or where an application to register was filed.
- Generallyspeaking, anyone who has submitted the registration application (pending registration) may make use of to use the TM (trademark) designator in conjunction with the mark to inform to the general public about his sole claim. The claim could or might have validity. The registration symbol (r) is only able to be used if the mark has been registered.