What is the Government fee of Trademark  Application in one Class in India?

Govt. fee of the Trademark application is  Rs.4500/- in one class for Individual & MSME and for others it is Rs.9000.

What is Trademark?

Trademark is a name, device, mark, or logo which is capable of distinguishing the goods or services of one person from those of others. Trademark may also consist of drawings, symbols, three-dimensional signs such as the shape and packaging of goods or colors used as distinguishing features.

What does a trademark indicate?

Trademark is a discrete indicator used by a legal entity such as a business house, individual or a firm so that the consumers can easily identify their product or services.

What is the importance of a trademark?

It identifies the source of the goods/manufacturers.

It acts as a prime instrument in advertising and selling goods.

A registered trademark gives the right to exclusive use of the mark.

A registered trademark serves as proof of certification in court proceedings.

What does a trademark guarantee?

It guarantees consistent quality by showing an organization's commitment to its users and consumers.

It is a form of communication, a basis for publicity and advertising.

How is a trademark associated with the business?

Trademark is often associated with the brand itself so a good trademark is almost synonymous to a good business and great line of products and services. Proper selection of the trademark is necessary for business as well as legal points of view.

How a does a trademark protects a business?

A strong trademark creates an identity, builds trust, distinguishes you from the competition, and makes communication between seller and buyer simpler. A lot of money and time is often invested in creating a brand name for itself, it is worth paying something to protect it from misuse.

How to select a trademark?

While selecting a trademark the following points to be kept in mind:

A trademark is required to be capable of distinguishing the goods or services of yours from those of others.

It should be a word or device or any combination of these.

It should not describe the qualities or character of goods/services.

It should be an invented or coined word.

How to select a trademark from the business point of view?

From the general business point of view, the trademark shall be

easy to pronounce,

rememberable, attractive and

As far as possible short.

How to select a trademark from a legal point of view?

From the legal point of view, the trademark should not fall under section 9 and section 11 of the Trademark Act, 1999 which mentions all absolute grounds for refusal, i.e. it should not be a personal name, surname, geographical name, name of a tribe/caste or refer to the character or quality of the goods. A good trademark should be an inherently distinctive trademark, preferably an invented or coined word.

Who can file an application for registration of a trademark?

The owner or user of the trademark can file an application for trademark registration. Trademark can be registered even in the name of an individual, company or partnership firm which can be represented by its proprietor or partner or director as the case may be.

How can I apply for registration of a trademark in India?

You can apply for registration of a trademark through a trademark agent or a trademark attorney who is registered under The Trademark Act, 1999.

What is the duration for registering a trademark in India?

The normal duration for obtaining registration in India is approximately 12-18 months from the date of filing an application in a straightforward case. This would however depend on the contingent factors of the case.

Can I register a trademark before starting a business?

Yes, you can register a trademark before your business start-up as propose to use the mark.

What is the first step for applying for a trademark in India?

First, you need to conduct trademark search in trademark registry, India, particularly in class(es) related to your product/services. According to Nice Classification [an international classification of goods and services applied for the registration of trademarks and service marks], there are 45 classes for goods and services which can be registered under Trademark Act. Class 1 - 35 relates to products/goods and Class 35 - 45 relates to services.

Why to conduct a trademark search?

It is important to conduct a trademark search so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before the incorporation of a company name.

How can I conduct a trademark search in India?

Please our contact form with your complete details of the mark.

What if my goods and services fall under more than one class under the class details for the registration of a trademark?

In case your business falls under more than one class for registration then you should register it for all the classes of goods and services. Such an application can be filed as a multi-class application for the registration of a trademark.

What will happen if I don't register my brand name but using the same for my business?

If you do not register your trademark you do not get an exclusive right over your trademark. You do not have legal rights over your trademark.

What is a registered trademark?

The law considers a trademark to be a form of property. A trademark establishes proprietary rights through the registration under Trademark is called a registered trademark.

What is the difference between registered and unregistered trademark?

The basic difference between the protections available for registered trademarks and unregistered trademarks is that the former is a statutory remedy and the latter is a common law remedy.

What if there is any objection from the Registrar of Trademark in the process of registration of a trademark?

If there is any objection in the process of registration of a trademark then you should file a response to such objection within a period of one month from the date of receiving such objection.

What if I do not file any response for the objection raised by the Registrar of Trade Mark in the process of registration of a trademark?

If you do not file any response to the objection raised by the Registrar of Trademark in the process of registration of a trademark, your trademark may be abandoned.

What will happen in case someone opposes the use of my trademark?

In case someone opposes the use of your trademark you should consult your trademark attorney and attend a hearing before the competent authority giving evidence upon the honest and concurrent use of your trademark.

What is the process of renewal of a registered trademark?

The registered proprietor of the trademark shall make an application to the registrar of the trademark with the payment of prescribed fees before the expiration of the original registration or of the last renewal of registration for the renewal of a registered trademark.

What will happen if I do not renew my trademark?

If renewal is not done within the prescribed period of time then the trademark will be removed from the register.