Introduction

Trademark is a unique mark or sign that provides a distinct image to a business in this competitive era. The trademark registration is conducted under the “Indian Trademark Act of 1999 (section 2(zb)”. This trademark ecompossess various elements such as symbol, design, colour or many more. Each business wants to secure their idea and creative ways of working where trademark registration plays an important role. Obtaining a trademark certificate provides several exclusive rights to the owner over that unique symbol or pattern.


There are some points that must be in the applicant's mind before filing the trademark application that are trademark classes. There are a total of 45 classes which are divided into two main categories and -

  1. Goods services (1 to 34 classes)
  2. Service Classes (35 to 45 classes)

In this article we will Get a complete understanding over the trademark registration in including its meaning, eligibility, process, fees, documents, and benefits. Connect with Bizfoc to ensure hassle-free trademark registration.

Trademark Meaning

A trademark is a distinct symbol, word or phrase that identifies a business. It is a type of intellectual property that helps to distinguish a brand or business from their competitors. A trademark can be -

  • A logo
  • A Colour
  • A picture
  • A slogan
  • A brand name
  • Packing style
  • Any pattern, etc.

What is Trademark Registration?

Trademark Registration is a procedure to legally secure a brand that helps to identify and differentiate a business’s product and services from others in the marketplace. This brand can be a logo, word, name, phrase, design or colour combination that helps to provide a distinct representation. Obtaining a Trademark Certificate the brand owner may get several exclusive rights over the brand and secure against trademark infringement that may lead to confusion among consumers.


Use of ™ and ® :-

TM - TM stands for Trademark. The symbol TM indicates that the claiming brand name or symbol is under trademark registration process.

® - Full circled R indicates that the brand has successfully registered by the trademark authority and the owner has all the exclusive rights to use this mark.

Eligibility for Trademark Registration in

Anyone can apply to register their Trademark Registration in such as

  • An Individual: Any single person or individual may apply for trademark registration and get exclusive rights over the word or mark they intend to use as their brand.
  • Joint Owner: Any joint venture or joint business are also eligible to get trademark certificate, both owner’s name is required during the application filing.
  • Proprietorship Firm: Proprietorship firms may file trademark applications in the name of the owner, but not in the name of their business.
  • Partnership Firm: A Partnership firm can also file trademark registration but there should be each partner's name during the application filing.
  • LLP/ Limited Liability Partnership: LLPs are also eligible for trademark registration but the application should be made in the name of LLP.
  • Trust or Society: A trademark registration can be done for any trust or society but they could be filed by the controlling trustee, chairperson or other representative on the behalf of the trust or society.

Process for Trademark Registration in

The complete stepwise process for Trademark Registration in is as follow:

  • Step 1: TM search
  • The name or symbol the applicant wants to register must have uniqueness so, TM search is conducted to check whether the chosen trademark is already registered or not. If there are any similarities found with the applicant’s symbol or name the trademark may face legal objection or opposition during the registration process and it may lead to legal consequences as well.

    The applicant can do this TM search on their own or by any professional. But it is highly advisable to seek guidance from an expert.


  • Step 2: Application filing
  • Once the TM search report is conducted successfully, the next step would be filing a trademark application. The application must be filed with appropriate or prescribed manner along with trademark registration fees. The applicant may file this trademark application online and offline as well. If the applicant files an online application the confirmation will be done immediately or if the application files application in offline mode the confirmation will take 15 to 20 days. Bizfoc expert will helps you manage this hurdle and make your registration process hussle-free.


  • Step 3: Application examination
  • After the trademark application submission, the application will go for the examination procedure. At this stage, the registrar of trademark will check all the details and information given along with the application. There must not be any similarities with the other registered or existing trademark. If the Trademark registrar finds any similarities or the information/details not satisfying they will object to the application.

    The objection notification will be sent to the applicant and they will have to present for a show cause hearing. Here, the applicant will submit other documents to prove their side. In the showcase hearing, if the registrar is satisfied with the provided proofs and details they will send the trademark in the TM journal.


  • Step 4: TM Journal
  • TM journal is a weekly publication that lists trademarks that have been accepted for registration in India. A trademark registered in the trademark journal gives the public the opportunity to oppose the registration if they find the registration will damage their brand reputation. This trademark journal opens for 90 days from the application approved by the registrar. So, if there will be no opposition from anyone within 90 days, the application will proceed for the certification.


  • Step 5: Trademark Opposition
  • During this 90 days time period, if there is any opposition by a third party, the registrar will notify the applicant. The applicant must give the reply by filing a counter-statement under 2 months of the opposition notice. If the applicant does not reply to this notification the application will be considered as rejected and abandoned.


  • Step 6: Trademark Certification
  • The trademark registrar will accept the application if there is no objection or opposition is raised or if in case acceptance after the objection or opposition, a trademark certificate is issued by the trademark registrar. Just after the trademark certification, the applicant can use circled R or ® symbol in front of their brand name or logo and get all the exclusive rights of the trademark.

Documents for Trademark Registration in

The complete document list for Trademark Registration in is as mentioned below:

Category Document List
For Individual or Sole Proprietors
For Partnership or LLP
  • Partner’s PAN card
  • Partner’s Address proof
  • LOGO
  • Form TM-48 (Power of Attorney)
  • Partnership Deed
  • Contact information
  • GST Registration certificate (if have)
  • MSME Certificate (if required)
For Private or Public Limited Companies
  • Incorporation certificate
  • Directors’ PAN cards
  • Directors’ Address proof
  • LOGO
  • Form TM-48 (Power of Attorney)
  • Partnership Deed
  • Contact information
  • GST Registration certificate (if have)
  • MSME Certificate (if required)
For Trust or Societies
  • Trust or Society Registration certificate
  • MoA or Trust Deed
  • Members’ PAN card
  • Members’ Address proof
  • LOGO
  • Form TM-48 (Power of Attorney)
  • Partnership Deed
  • Contact information
  • GST Registration certificate (if have)
  • MSME Certificate (if required)

Fees for Trademark Registration in

The government fees for Trademark Registration in is as mentioned below:

Trademark Application Offline fees Online fees
Individuals, Startups & Small Enterprises ₹4,500/- per class ₹9,000/- per class
Other Entity (Company, Trust, Partnership) ₹9,000/- per class ₹10,000/- per class

Note: Professional charges are additional if the applicant hires any professional for Trademark registration in .

Benefits for Trademark Registration in

Getting Trademark Registration in have several benefits, some of them mentioned below:


  1. Exclusive Rights: Trademark registration provides exclusive rights to the owner over the mark or symbol which represent their business. The trademark owner has rights to take legal steps if any trademark infringement happens with their mark/trademark without any authorised permission.
  2. Brand Reputation: Trademark registration establishes a brand reputation and trust among consumers. It also helps to provide a loyal customer who knows the product or service quality and create a unique place for that. Having a good reputation in the marketplace also helps to obtain funds.
  3. Differentiates Goods and Service: Each company or business wants to establish a unique space among the consumers. This trademark registration helps to distinguish a goods and service from the competitor that creates a brand identity.
  4. Assure the quality: A brand known for their quality of product or service because it makes them different from others. So, the trademark helps to remember that product or service by that symbol or name. In simple words this mark creates a different image in the consumer mind. Therefore, the consumers buy products with a popular trademark.
  5. 10 year protection: Trademark registration provides 10 years protection and gives exclusive rights to the owner. After 10 years from the application approval, the applicant must go for the Trademark renewal.

Why Bizfoc?

Bizfoc is a team of professional experts of trademark with 5+ years experience. We offer comprehensive services from trademark application filing to trademark renewal and follow-up. Our client-centric approach encourages us to provide a thorough guidance on each stage that assures a smooth and error-free registration process. We believe in transparent and competitive prices with no hidden charges.

Conclusion

Registering your trademark ensures that your brand is recognized, that your products or services are distinguished, and that you are legally able to exploit it. A registered trademark grants you exclusive rights, enhances brand recognition, and protects you from unauthorized use. Additionally, it adds value to your business and builds customer trust. When you secure a trademark, you build a valuable asset that supports your business growth and market presence. By registering your trademark today, you are ensuring long-term protection and peace of mind for your brand, enabling it to prosper in a competitive marketplace without fear of infringement or imitation.

Frequently Asked Questions

No, GST is not mandatory for Trademark registration but having this certification adds more value.

No, registering a trademark is not free. There are some government fees such as ₹4,500/per class for individuals and ₹9,000/per class for companies or partnership firms.

A trademark is valid for 10 years from the date of trademark registration.

No, it is not compulsory to register the trademark but by getting trademark certification the applicant or trademark owner may obtain several exclusive rights. Therefore, it is highly advisable to go for trademark registration.

Yes, you can file a trademark application by yourself but it is a complex procedure and filing an application by yourself may lead to several consequences. Therefore seek professional guidance that may help to avoid objection and opposition chances.

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