Trademark
Registration in
Bangalore

What is a trademark?

A Trademark is a unique symbol, word, logo, design, or combination thereof that is used to identify and distinguish the goods or services of one business from those of others. It serves as an intellectual property asset, protecting the brand identity of businesses.

Why should a business register a Trademark?

Registering a trademark offers several advantages:

• Legal Protection: It grants exclusive rights to use the trademark and protects against unauthorized use or infringement.
• Brand Identity: It strengthens your brand and ensures that others cannot use a similar mark for similar goods or services.
• Monetary Value: A trademark is a valuable asset and can be sold, licensed, or franchised.
• Public Notice: A registered trademark gives public notice of ownership, preventing potential disputes over trademark ownership.

In India, the following can be trademarked:

• Words: Brand names, slogans, or taglines.
• Logos: Unique symbols or graphical designs representing your business.
• Letters or Numbers: A specific arrangement of letters or numbers that uniquely identifies the brand.
• Colors: Specific color combinations used as a brand identity.
• Sound Marks: Specific sounds associated with a brand (e.g., jingles).
• Shapes: The shape or packaging of a product that identifies it as originating from a particular business.

Who can apply for a Trademark registration in India?

Any individual, company, society, or legal entity that is engaged in business or trade can apply for a trademark registration. It can be used by:

• Companies: For branding and protecting business names.
• Startups: To safeguard new brand names or logos.
• Service Providers: To protect service marks or logos.
• Manufacturers: To protect product names and designs.

What is the process for trademark registration in India?

The process for trademark registration in India involves the following steps:

• Trademark Search: Conduct a search in the Trademark Database to check if a similar trademark already exists.
• Filing the Application: Submit the trademark application with the required details, including the trademark, class of goods/services, and applicant details, to the Trademark Registry.
• Examination: The Trademark Office examines the application to check for any conflicts, descriptiveness, or other issues.
• Publication: If the trademark passes examination, it is published in the Trademark Journal to invite objections.
• Opposition: If any third party objects to the trademark, they can file an opposition. The applicant has the chance to defend the application.
• Registration: If there are no objections or oppositions, the trademark is registered, and a Registration Certificate is issued.

What are the documents required for Trademark Registration in India?

The following documents are generally required for trademark registration:

• Application Form: Trademark registration application form (Form TM-A).
• Logo/Mark: A clear representation of the trademark (if applicable).
• Business Details: Name, address, and nature of the business.
• Power of Attorney: If filing through a trademark agent, a signed power of attorney is required.
• Identity Proof: Proof of identity of the applicant (Aadhaar, PAN, Passport).
• Trademark Class: Specify the class of goods or services under which the trademark falls.

What is the Trademark Class system in India?

In India, trademarks are categorized under 45 classes based on the nature of goods or services. For example:

• Class 1-34: Goods (e.g., clothing, chemicals, electronics, etc.).
• Class 35-45: Services (e.g., advertising, legal services, hospitality, etc.). It is important to identify the correct class while filing for trademark registration, as this determines the scope of protection.

What is the cost of Trademark Registration in India?

The fee for trademark registration depends on the applicant type:

• For individual/Startups/Small enterprises: The government fee is around ₹4,500 per class (for online filing).
• For others (Companies, Partnerships): The fee is around ₹9,000 per class. Additional costs may include attorney fees and filing fees if the application is handled through a trademark agent or lawyer.

How long does it take to register a trademark in India?

The entire trademark registration process usually takes around 18 to 24 months. The time varies depending on factors such as:

• Examination and Objections: If the trademark is opposed or faces objections, it may take longer.
• Trademark Journal: The publication period and the time it takes for objections from third parties can also delay the process.

How long is a registered trademark valid?

A registered trademark in India is valid for 10 years from the date of application. After 10 years, it can be renewed indefinitely by paying the renewal fee.

Can a trademark be renewed?

Yes, a trademark can be renewed for additional 10-year periods indefinitely. The renewal application must be filed within six months before the expiration date of the trademark registration.

Can a trademark be assigned or transferred?

Yes, a trademark can be transferred or assigned to another person or entity. The transfer process requires proper documentation, including an assignment agreement and filing with the Trademark Office.

What is a trademark opposition?

Once a trademark application is published in the Trademark Journal, any third party can file an opposition if they believe that the trademark should not be registered due to similarities with an existing mark or other reasons. The opposition process allows both parties to present their arguments, and the Trademark Registrar will make a final decision.

How do I know if my trademark is registered?

Once your trademark is registered, you will receive a Trademark Registration Certificate from the Trademark Office. You can also check the status of your application on the Trademark Registry's website by entering the application number.

What are the benefits of having a registered trademark?

Registered trademarks offer several advantages:

• Exclusive Rights: You have exclusive rights to use the trademark in India for the specified goods or services.
• Legal Protection: In case of infringement, you can take legal action in the court of law.
• Brand Recognition: A registered trademark boosts your brand image and consumer trust.
• Licensing/Franchising: You can license your trademark to others or enter into franchise agreements to expand your business.

What happens if someone infringes my trademark?

If someone uses your registered trademark without permission, you have the right to:

• Send a Legal Notice: Notify the infringer about the trademark violation.
• File a Lawsuit: Take legal action for trademark infringement in the Civil Court.
• Criminal Action: In certain cases, criminal action can be taken for counterfeit or illegal use of the trademark.

Can a trademark be canceled or removed?

Yes, a trademark can be canceled or removed from the Trademark Register if:

• It is not in use for 5 continuous years.
• It is found to be deceptive or misleading.
• It violates the provisions of the Trademarks Act, 1999. The owner of the trademark can also request its removal or cancellation.

Can a trademark be refused?

Yes, a trademark application may be refused for several reasons, including:

• The mark is not distinctive or is too similar to an existing mark.
• It is descriptive of the goods or services.
• It is deceptive, scandalous, or contrary to law. If refused, the applicant can file a counter-statement or appeal the decision.

What is a well-known trademark?

A well-known trademark is a mark that has acquired significant recognition and reputation across India or internationally. Such trademarks enjoy additional protection under the Trade Marks Act, even if they are not registered in India.

Can I file a trademark application abroad?

Yes, you can file a trademark application in other countries or regions through international agreements like the Madrid Protocol or the Paris Convention. If you have a registered trademark in India, you can apply for protection in other countries based on that registration.