What is Trademark

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Why Trademark Registration is essential

  • Trademark Search
  • Search Can be done on your own, it is typically much more involved than people realize.

  • Printing costs
  • If you don't register and you find out later that another company already has the same or a very similar name, you will have to redo all of your business cards, stationery, advertising, and signs. If you already have registered a domain name, you will have to change that as well.

  • Liability to Registered Owner
  • If you do not register and there happens to be a registered owner of the same or a substantially similar mark, that owner will have an indefinite period of time to find you and sue you for infringement.

  • Loss of Customers
  • In case there are multiple businesses operating on same name, you may lose customers, also it’ll confuse the customers

  • Option to Expand
  • You could lose the right to expand outside the original business area if you do not register.

What is Included In Our Package

  • GST Carrying out a Search report of the trade mark
  • GST LegalDocsPerusing the formalities check fail (if any)
  • GST LegalDocsAttending the TLA hearing at the Trade Mark Registry Mumbai.
  • GST RegistrationReplying the objection raised in formalities check fail
  • GST Registration LegaldocsPerusing of an Examination report issued by Trade Mark Registry;
  • GST Registration LegaldocsGetting the mark published in Trade Mark Journal
  • GST LicenseReplying the Examination report
  • GST License LegaldocsFollow up with the Trade Mark Registry
  • GST License LegaldocsPerusing and Forwarding the Registration certificate to clients.

Pricing Details

9000 Plus GST (Search-Filing-Examination-Registration-Delivery)*

Documents Required

  1. MSME certificate
  2. Aadhar card of all the directors/Partners or Sole proprietor
  3. Logo/ Wordmark in jpeg format
  4. Power of Authorization on Rs.500 stamp paper
  5. Affidavit with notarization on Rs. 100 Stamp Paper

Frequently Asked Questions (FAQ)

Registration of a trade mark is not essential; unregistered marks can be protected in India by means of a passing-off action. Registration is, however, advisable;
it is prima facie proof of validity and ownership of the trade mark.
Any person claiming to be the proprietor of a trade mark can seek registration. The application can be filed either on the basis of actual use (prior to the filing of the application) or intention to use.
Yes, since the enactment of the Trade Marks Act, 1999, service marks are registrable. However, India still follows the 7th Edition of the International Classification of Goods and Services, which contains only 42 classes. Applications for registration of services that would fall within Classes 43 – 45 under the 9th Edition of the International Classification, should, in India, be filed in Class 42.
It is not only permissible, but also advisable in India to use the symbol ® next to a registered trademark. Use of this symbol will put third parties on notice of the registration. Using the symbol in connection with an unregistered trade mark, however, will amount to a false representation, which is a punishable offence.
Description of the mark i.e. whether it is a word mark or a logo or device. If it is a logo or device mark, a representation of the mark must be provided. Class/es in which registration is sought (as per the 7th Edition of the International Classification of goods and services). Goods/services in respect of which registration is sought. Date of first use of the mark in India. Where the mark has not been used, confirmation that the mark is ‘proposed to be used’ should be provided.
Name, address, legal status and trade description of the Applicant. Authorisation of Agent (this can be filed later). Where a priority claim is being made, a certified copy of the priority document together with a certified English translation (if the priority document is not in English). The priority document must be filed within two months of the date of filing the application.
Under modern business condition a trademark performs four functions -
  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality.
  • It advertises the goods/services.
  • It creates an image for the goods/ services.
Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. Letters or numerals or any combination thereof. The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service. Devices, including fancy devices or symbols Monograms Combination of colors or even a single color in combination with a word or device Shape of goods or their packaging Marks constituting a 3- dimensional sign. Sound marks when represented in conventional notation or described in words by being graphically represented.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.


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