Trademark Registration
TM FILING COMPANY
Protection against Copycats- An application copy of copyright bearing diary number along with the statement of particulars.
- An acknowledgement slip with payment details
TM FILING INDIVIDUALS
Protection against Copycats- An application copy of copyright bearing diary number along with the statement of particulars.
- An acknowledgement slip with payment details
TM FILING MSME
Protection against Copycats- An application copy of copyright bearing diary number along with the statement of particulars.
- An acknowledgement slip with payment details
What is Copyright Registration
Copyright is an important property of the owner.
Copyright protects companies, authors, writers, software developers, artists, designers,architects, musicians, creative
geeks and media houses to protect their creations like software, web content, books, videos, artwork, films, songs from copycats
What You Will Get
An acknowledgement slip with payment details
An application copy of copyright bearing diary number along with the statement of particulars.
Documents Required
Only Scanned Copies are needed, Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/Driving license
General POA
(Executed in a non-judicial stamp paper to authorize our representative to file the application on your behalf.)
Work
(Three copies of the work to be copyrighted, to be represented accurately without any modifications and changes)
Infosheet
(Supporting info sheet mentioning details of the work to be copyrighted)
Identity Proof
(Any Photo ID such as PAN, Aadhar card, Voter ID, Passport or Driving license.)
Price Breakup
| Free | |
| Comprehensive Trademark Search | Free |
| Government Fees | 4,500.00 |
| Professional Fees | 1,593.00 |
| Goods & Service Tax | 306.00 |
| POA | 100.00 |
| Total Cost | 6,499.00 |
* Also for Startups and Small Business
| Comprehensive Trademark Search | Free |
| Consultancy on Trademark Class & Availability | Free |
| Government Fees | 9,000.00 |
| Professional Fees | 2,557.00 |
| POA | 100.00 |
| GST | 342.00 |
| Total Cost | 11,999.00 |
| POA | 100.00 |
| Trademark Search & Consultancy | Free |
| Government Fees | 4,500.00 |
| Professional Fee | 1,593.00 |
| Goods & Service Tax | 306.00 |
| Total Cost | 6,499.00 |
*MSME License cost is 2,399 per company
How long does it take?
25 days
DAY 1
Trademark Search
1 Working Day
Our Trademark Attorney will perform a check the availability of the desired name or logo or design and provide you with a Search Report.
DAY 2
TM-1 Application Filing
1 Working Day
Once we ensure that the desired mark is exclusive, we will send you an authorisation letter which must be duly signed by you and return to us which give authorisation to our attorney to file a Trademark application on behalf of the customers. On receipt of the authorisation letter, our Trademark Attorney will prepare the trademark application based on the information provided and a preview is sent to you before filing for confirmation and signing. We file the same with ipindia and in return, we will provide you a receipt and TM application number. As soon as the application is filed, you can start using the ‘TM’ symbol with your brand name.
DAY 12
Government Approval
10-12 Months
The trademark examiner(Govt) verifies the application. You can track the trademark application status with the TM application number. The examiner may raise an objection if the mark is found identical with some other registered mark, obscenity or other grounds. Reason is provided.
In case of no objection, an advertisement will publish in the Trademark Journal to invite the opposition by the third party. If there is no opposition, the government approved the trademark and registered within next six months. Once the trademark gets registered, you can start using the ‘R’ symbol with the brand name
DAY 25
Filing Completed
Frequently Asked Questions
What is a Trademark Class?
India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
What is the Need of Trademark Classification?
TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is:
- to clearly identify the goods and services covered by the mark
- a guide for the trademark registration
- to identify the potential future trademark infringes
- to assist the trademark officer
When Can I use ‘TM’ and ‘R’ Symbol with My Trademark and What they Signify?
Trademark symbol ‘TM‘ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
Can I Apply for an Existing Registered Mark but in a Different Class?
Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.
What is the Difference between Trademark, Copyright and Patent?
Trademark, copyright and patent are the types of intellectual property in India. Although all types of intellectual property are very different, but people often confuse among them.
Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, artistic work either published or unpublished.
Patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration.
Is Registration of Trademark Compulsory?
Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises.
Is it Compulsory to Hire an Attorney for filing the Trademark Application?
It’s not mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the ipindia online portal or by visiting patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.
What are The Common Grounds for Trademark Application Rejection?
A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.
What is the Validity Period of a Trademark?
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
Where to Check the Availability of the Desired Trademark?
You can search the online trademark database to check the availability of the desired trademark. ipindia are the most commonly used platform for free trademark search.
Who Can Apply for a Trademark?
Who can obtain a trademark is depend on the applicant type:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only.
Is a Trademark Registered in India Valid in Foreign Countries?
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.
Can Amendment be Made in the Registered Trademark?
As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.
Does One have to Present Physically to Register a Trademark?
No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.
What is the Need for Brand Name Registration?
There are numerous advantages to registering the brand name:
- A registered trademark provides greater protection
- It deters others from using your trademark
- Registering a trademark provides the trademark owner with greater remedies
- Protecting your brand from infringement claims
Location
Office No. T-4, S-521/522, 3rd Floor Moon House Building, Laxmi Nagar, Delhi, 110092
Contact Us
+91-7050056056
support@licitwink.in