Trademark Registration

A trademark is mark in trade/business which is a visual symbol in the form of a Word, Name, Slogan, Device, Label or Numeral Combination used by a business or person to establish its brand value and recognition in the market and at the same time to distinguish its goods or services from that of other similar goods or services. Most of the businesses today want to secure their brand so that their decades of efforts do not go wasted.

Most people believe that by just filing TM Application in the prescribed Trademark Classes are all that is required. They just file the TM-A on their own or through some consultant and think their job is done which is actually not. It is just the 25% of the work which is completed. After filing the TM Application, the real task or say challenge starts to get the same registered by removing the objection.

Get in touch at 9988424211 or/and at info@ccoffice.in and let our IPR Experts do the rest for you in the TM Search Report, Finalisation of TM Classes according to your business activities, TM Filing, Replying to Objection raised under section 9 or/ and 11 of Trademark Law till its complete registration process.

Application for trademark filing can be done by our Trademark Agents online. As soon as we file the application, your business can start using a TM symbol next to your logo or wordmark. The complete trademark registration process can take anywhere between 12 to 24 months. The total time includes various stages starting from validating original ownership of the mark by the Registrar of Trademark to objection from any other business. The Department also gives the right to attend show cause hearing as to why your trademark application should not be rejected.

Having rich experience in Online Trademark Registration and CCL can help you in trademark filing and successfully getting it registered in a transparent way with end to end seamless services.

In India, we all have seen Adides in the place of Adidas, Nokai in the place of Nokia, Samsang in the place of Samsung, Fairy & Lovly in the place of Fair & Lovely and the list goes on. Those customers who are not well aware about the distinction of the product think that the company has compromised with the product quality and it tarnishes the image of the brand value. To save from this malpractice, business owners always prefer to secure their brands by getting their trademark registration certificate. To protect a trademark from being copied by others, the business owners find it easy to get the same registered. The process for trademark registration has many steps right from the application to replying to the examination report to hearing cases (if any).

Documents Required for Trademark Registration

If you avail our Trademark filing services, we make it a simple online process and it can be completed within 24 - 48 hours. At Compliance Calendar LLP, we have helped thousands of clients file their TM Application. Not only this, we have been playing very instrumental role in understanding their business activities and provide them free consultancy on TM Search Report and also help them find out the TM Classes appropriate to their brand name or logo at zero consultation fees.

You can Call/WhatsApp us at 9988424211 or/and email us on info@ccoffice.in

Below are the documents required to file Trademark Application:

KYC of the Proprietor/Partner/Director- PAN/Aadhar/Passport.
Incorporation Certificate (in case of a Company or LLP).
Udyog Aadhar/Udyam Registration Certificate- With this the legal fees are reduced to INR 4500/-, otherwise you have to pay INR 9000/-.
Logo (if any) for the available brand.
Power of Attorney to apply on your behalf.

Legal Procedures of Trademark Registration

The legal process of trademark registration begins with a trademark search report. At CCL, we do not charge any consultation fees to conduct a trademark search across 45 Classes. Our Trademark Agent will be in touch with you to understand your business structure and suggest the most viable options to go for. We proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government (if any).

TM Search Report: The first thing we do is to find out if there are any existing similar trademark applications and prepare a TM Search Report;
Documents Compilation: We make a file of all the required documents and get it crossed checked with our quality review team;
Signing of Application: You receive from us the required TM-A Application, Power of Attorney, and other necessary details;
Final Submission: All the required documents are filed with IP India Official Website. The symbol TM can be used next to logo/brand name from here onwards;
Vienna Classification: The Registrar of Trademark applies the Vienna classification to the trademark based on the figurative elements of marks;
Trademark Examination: The Trademark Officer reviews the trademark application for correctness and issues a trademark examination report;
Trademark Objection: If the application is found violating section 9 or 11 of Trademark Act, 1999, the trademark officer sends their Examination Report with the objection and similar brands under the class filed;
Show Cause Hearing: If the reply to the examination report is not satisfactory, the trademark applicant has the right to attend the Hearing;
Journal Publication: If the application is accepted, the proposed mark is published in the trademark journal. The public have an opportunity to object to a its registration if they find affecting their own brand value;
Hearing with third-party (if any): If the Trademark Registration Application is opposed by a third-party, a hearing will be called for by the Trademark Hearing Officer;
Challenging the Decision (if required): The decision of the Hearing Officer can also be challenged by escalating it to the Intellectual Property Appellate Board if the applicant is not satisfied; and
Trademark Registration: If there are no objections or oppositions to the application (or set aside-if any), the Trademark Registration Certificate is issued. The symbol ® can now be placed next to the logo/brand name.

Features & Benefits of Trademark Registration

Legal Protection: A registered trademark of your product or service gives you legal protection against misuse of any kind in the form of TM Infringement. Being a Trademark Owner, you can challenge anybody misusing it in the court of law in any part of the country.
Exclusive Right: A registered trademark gives you the exclusive right to use it in your business venture or you can give it to someone for use with a written consent and earn money in the form of franchisee business after it becomes a valued brand.
Brand Value: A business burns a lot of cash in making a brand familiar with the public at large by getting it endorsed from popular faces including but not limited to Celebrities. It helps them create brand value over time as more and more customers get used to it and the company earns a goodwill/loyalty on the product/service.
Intangible Asset Creation: A registered trademark is an intangible asset for a business or person using it over a period of time. Business makes loyal customers who spend their whole life and pass on to generation to come (Like Horlicks and Chaywanprash) on using a particular type of product/service (as the case may be).
Renewal of Trademark: A trademark registration is valid for a period of ten years. Before the expiry, the trademark owner has the right to renew the trademark and enjoy the exclusive right on the brand value creation. They can also file infringement cases against the misuse of the brand by any other business.

Frequently Asked Questions

What is Trademark Registration?

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks Under Ministry of Commerce and Industry, Government of India. Trademarks Registration are done under the Trademark Act, 1999 which provides the trademark owner the right to sue for damages when infringements of trademarks occur.

What can be registered under the Trademark Law?

Any word, name, tagline, slogan, device, label, numerals or a combination of colours that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered under the Trademark Act, 1999.

What cannot be registered as trademark?

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

What is Trademark Class and why it is important?

All the trademarks have been classified based the description of goods or services to which the marks are applicable. Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Trademark application must mention the class/classes that the goods/services represent. For each class, a separate application has to be filed by the applicant.

How long does it take to submit a Trademark Application?

The procedure to file a trademark application is now available online which has decreased the total time in filing the application. Normally 24-48 hours’ time are well in sufficient.

When the business can use the symbol TM?

A business can start using the TM symbol as soon as the application for trademark registration is complete.

How long does it take for the trademark to get registered?

As per our experience, it takes from 12 to 24 months for Trademark registration in India after its submission. During the process, the symbol TM can be used. Once registered, the symbol ® can be used next to logo/brand name.

How long is a Registered Trademark valid for?

Registered Trademarks are valid for 10 years and the trademark owner can file for renewal of the trademark before its expiry.

Are the trademark registered in India valid outside India?

The registration of trademark filed under the Trademark Act, 1999 remains valid only in India.

Can a multi-class application be filed for trademark registration?

Yes, it is valid. You can apply for registration under multiple classes in one single application.

Any confusion or query bothering you?

Not to worry at all! Someone from our experienced IPR Team will resolve all your queries. Our TM Experts will help you to give you the best advice without any consultancy fees. Get in touch with us. Write to us at info@ccoffice.in or/and WhatsApp/Call us +91-9988424211.

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