Trademark Registration

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Benefits of Trademark Registration in India

Key benefits include:

Legal Protection

Trademark registration grants exclusive rights to use the mark, preventing unauthorized use by others.

Brand Recognition

A registered trademark helps in establishing your brand identity and enhances consumer trust.

Asset Value

Trademarks can increase the overall value of your business and can be sold or licensed, providing additional revenue streams.

Nationwide Protection

Registration provides protection across the country, making it easier to enforce rights against infringers.

Right to Sue

A registered trademark owner has the right to sue for infringement in a court of law, increasing the chances of favorable outcomes.

How it works?

1. Fill the Form

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2. We will call

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Step by step guide for Trademark Registration

1. Conduct a Trademark Search:

Begin by searching the trademark database to ensure your desired mark is not already registered or in use.

2. Prepare Application Documents:

Gather necessary documents, including a representation of the trademark, details of the applicant, and a list of goods/services.

3. File the Application:

Submit the trademark application online through the Intellectual Property India website, providing accurate details.

4. Examination by Trademark Office:

The application will be examined by the Trademark Registry, which may issue an examination report if issues are found.

5. Respond to Objections (if any):

If objections are raised, respond within the stipulated time, providing necessary clarifications or amendments.

6. Publication in Trademark Journal:

Once accepted, your trademark will be published in the Trademark Journal, allowing others to oppose the registration.

7. Issuance of Registration Certificate:

If no oppositions arise within the specified period, or if resolved in your favor, a registration certificate will be issued.

Launch your brand with confidence! Protect your name and identity today. Call us at 7030307028 or click here to WhatsApp us for Trademark Registration assistance.

How you will get this service & cost

1. Provide Us with Documents:

Share your desired trademark name/logo and any relevant documents that support your application.

2. Consultation Call:

Our trademark experts will reach out to discuss your requirements and guide you through the registration process.

3. Completion of Trademark Registration:

We will handle the entire trademark registration process, ensuring compliance with all legal requirements.

Cost

Protect your name and identity today in just 6999/-. Call us at 7030307028 or click here to WhatsApp us for Trademark Registration assistance.

Important information to know

Who Can Apply for Trademark Registration?

Any individual or business entity can apply for trademark registration for their goods or services.

Validity of Trademark Registration

A registered trademark is valid for ten years and can be renewed indefinitely for further ten-year periods.

Classes of Trademark

Trademarks are classified into various classes (45 in total) based on the nature of goods or services. Ensure you select the appropriate class while applying.

Common Law Rights vs. Registered Rights

While common law rights may exist through use, registered trademarks provide stronger legal protection and easier enforcement.

Maintaining Trademark Registration

Regular use of the trademark and timely renewal are essential to maintain registration.

What is Trademark exactly?

A trademark is a distinctive sign, symbol, word, phrase, logo, design, sound, color, or a combination of these elements that identifies and distinguishes the goods or services of one business from those of others. It acts as a brand identifier, providing customers with assurance about the origin and quality of products or services.

In India, trademarks are governed by the Trademarks Act, 1999, and registration is handled by the Controller General of Patents, Designs, and Trademarks, operating under the Department for Promotion of Industry and Internal Trade (DPIIT).

Your brand deserves protection! Safeguard your logo, name, and reputation. Call 7030307028 or connect on WhatsApp here for Trademark Registration.

Why I need Trademark in my business?

Trademarks play a crucial role in protecting a business’s intellectual property. Here’s why they are essential:

Brand Recognition: A trademark helps in creating a unique identity for a brand, making it easily recognizable by customers.

Legal Protection: Registered trademarks provide legal protection against unauthorized use, ensuring exclusive rights to the owner.

Customer Trust: A strong trademark signifies quality and builds consumer trust, encouraging brand loyalty.

Asset Value: Trademarks are intangible assets that increase in value as the business grows. They can be licensed, franchised, or sold.

Global Reach: With international treaties like the Madrid Protocol, Indian businesses can protect their trademarks in multiple countries.

Secure your brand identity and stand out from the crowd! Get Trademark Registration now. Dial 7030307028 or chat with us on WhatsApp here.

What can be Trademarked ?

The types of trademarks that can be registered in India include:

Word Marks: Represent a brand name or a word, such as "TATA" or "AMUL."

Device Marks: Include logos or symbols, e.g., the Nike swoosh.

Color Marks: Specific colors associated with a brand, like Cadbury's purple.

Shape Marks: Protect the distinctive shape of a product, e.g., the Coca-Cola bottle.

Sound Marks: Unique sounds used in branding, such as the ICICI Bank jingle.

Collective Marks: Used by a group or association to indicate collective ownership, e.g., CA logo by the Institute of Chartered Accountants of India.

Certification Marks: Indicate quality, origin, or other certifications, such as the AGMARK label for agricultural products.

Turn your brand into a legal asset! Protect your business name with Trademark Registration. Call us at 7030307028 or click here to WhatsApp now.

Categories of Trademarkss (Word, Symbol, Sound, Shape, Etc.)

Word Marks: Focus on the text, irrespective of design. E.g., "Google."

Symbol Marks: Visual elements used as identifiers. E.g., Apple’s logo.

Sound Marks: A short musical composition or tune associated with a brand. E.g., Nokia ringtone.

Shape Marks: The three-dimensional shape of goods or packaging that is distinct. E.g., KitKat’s four-bar design.

Color Marks: Specific colors linked to a brand. E.g., Tiffany’s blue.

Combined Marks: A mix of words, logos, colors, and other elements.

Trademark Classes

Trademark classification organizes goods and services into 45 classes to simplify the registration process. If Nokia is Trademark in only one class electronics you may get that registration in Cloths or Cosmetics. You can register for one class or you can register for as many classes as per your products and services. For example TATA word is trademarked in all 45 categories.

Classes 1–34: For goods.

Classes 35–45: For services.

Here’s a brief of most popular some key classes:

Class Number Category Examples

1 Chemicals Industrial chemicals, adhesives, etc.

3 Cosmetics Soaps, perfumes, and skincare products.

5 Pharmaceuticals Medicines, health supplements.

9 Electronics Computers, software, and electronics.

16 Paper Products Stationery, printed materials.

25 Clothing Apparel, footwear, headgear.

35 Advertising and Business Marketing, business consulting.

41 Education and Entertainment Educational services, events.

43 Food and Hospitality Restaurants, catering services.

To register a trademark, identifying the appropriate class is crucial. Businesses must ensure they apply under all relevant classes to secure comprehensive protection.

Don’t let anyone steal your identity! Trademark your brand today. Call us at 7030307028 or message on WhatsApp here.

Words That Cannot Be Trademarked Under Section 9 (Absolute Grounds)

A trademark is rejected under Section 9 if:

Lacks Distinctiveness

Generic terms or common names used in trade cannot be trademarked (e.g., "Milk" for dairy products).

Example Case: Nestle India Ltd. vs. Commissioner of Trade Marks

The word "KitKat" was accepted as distinctive, but generic terms like “Have a Break” were denied exclusive trademark rights.

Descriptive Words

Words that describe the goods/services (e.g., "Sweet" for candy or "Fast" for delivery services).

Example Case: Neon Laboratories Ltd. vs. Medical Technologies Ltd.

The word "Neon" was considered descriptive for medical products.

Customary or Common Trade Terms

Common phrases or expressions used in the industry.

Example: The term "Wheat Flour" cannot be trademarked for flour products.

Deceptive or Misleading Words

Words that may deceive the public about the quality, origin, or nature of goods.

Example Case: Honda Motors Co. Ltd. vs. Charanjit Singh

Use of "Honda" for pressure cookers was considered deceptive.

Prohibited by Law or Against Public Order

Words that are obscene, scandalous, or contrary to public policy.

Example: Profane language or words promoting illegal activities.

Religious or National Symbols

Words representing religious deities or national emblems.

Example: The word "Ganesha" cannot be trademarked for commercial purposes.

Words That Cannot Be Trademarked Under Section 11 (Relative Grounds)

A trademark is refused under Section 11 if:

Similar to Existing Trademarks

Words identical or similar to an already registered trademark for related goods/services.

Example Case: ITC Ltd. vs. Britannia Industries Ltd.

The similarity between “Sunfeast” and “Britannia” packaging led to litigation.

Likelihood of Confusion

Words that could confuse the public regarding the origin of goods.

Example Case: Amritdhara Pharmacy vs. Satya Deo Gupta

"Amritdhara" and "Lakshmandhara" were deemed confusingly similar.

Well-Known Trademarks

Words conflicting with well-known trademarks, even if used for different goods.

Example Case: Rolex SA vs. Alex Jewellery Pvt. Ltd.

"Rolex" could not be used for any unrelated product due to its well-known status.

Generic Words Across Industries

Generic or non-distinctive words that are common across various industries.

Offensive to a Particular Community

Words that could offend specific groups or communities.

We’re here to guide you every step of the way! Simplify your Trademark Registration with our expert support. Call us at 7030307028 or connect on WhatsApp here.

Practical Examples of Rejected Trademarks

"Basmati" for rice – Generic and denotes geographical origin.

"Apple" for fruits – Common trade name.

"Golden Temple" for any goods – Religious connotation.

"Champagne" for non-Champagne sparkling wines – Geographical indication protected term.

Lesser-Known Facts About Indian and Global Trademarks

Sound Marks Can Be Trademarked

In India, unique sounds can be registered as trademarks.

Example: The Yahoo! Yodel and Nokia’s iconic tune are registered sound trademarks.

Color Combinations as Trademarks

Distinctive colors or combinations can be trademarked.

Example: The purple color of Cadbury chocolate packaging is a registered trademark.

Smell Trademarks

Globally, scents like the smell of freshly cut grass for tennis balls (registered in the EU) can be trademarked.

India has not yet recognized smell marks officially.

Non-Use of Trademarks

If a registered trademark is not used for 5 years and 3 months, it becomes liable for cancellation in India.

India’s First Trademark

The first trademark in India was registered by Eagle Flask Industries Ltd. in 1942.

Geographical Indications and Trademarks

Geographical indications like "Darjeeling Tea" and "Basmati Rice" cannot be registered as trademarks by individuals but are protected collectively.

Protecting your brand has never been easier! We provide full support for your Trademark Registration. Call 7030307028 or WhatsApp us here for expert help.

Most Expensive Trademarks in the World

Apple Inc.

Trademark Value: Estimated at over $355 billion.

Known for simplicity and innovation, the Apple logo is globally recognized.

Amazon

Trademark Value: Approximately $254 billion.

Its unique services and logo dominate e-commerce.

Google

Trademark Value: Over $191 billion.

The Google logo represents the world’s leading search engine and tech services.

Coca-Cola

Trademark Value: Estimated at $80 billion.

The iconic red-and-white logo is a hallmark of global marketing success.

Louis Vuitton

Trademark Value: Around $51 billion.

Its monogrammed logo is synonymous with luxury.

Need help registering your trademark? Our team is here to support and guide you. Call 7030307028 or reach out via WhatsApp here.

Common Errors in Trademark Use and Renewal

Improper Use of TM/® Symbols

Using ® without registration is illegal. When you got registration of trademark then use ® symbol.

Use TM for unregistered trademarks. When you applied for trademark but not received trademark registration then use TM in that case.

Failure to Renew on Time

Many trademark owners forget the 10-year renewal deadline.

Late renewal attracts additional fees and legal risks.

Inconsistent Use Across Platforms

Using variations of the trademark (different fonts or styles) dilutes its distinctiveness.

Neglecting International Protection

Failure to register trademarks globally under the Madrid Protocol leads to loss of rights in foreign markets.

Not Monitoring Infringement

Many owners fail to monitor or act against unauthorized use, weakening their rights.

Misunderstandings About Trademark Protection

"A Trademark Protects Everything"

Trademarks only protect the registered mark for specified goods/services under its class.

Example: “Delta” for airlines and faucets coexist because they serve different industries.

"Global Protection Automatically Applies"

Trademarks are territorial. Registration in India doesn’t protect the mark in other countries.

"Trademark Registration Prevents All Copying"

Trademarks only protect against similar marks in related industries.

Example: A similar logo for unrelated products may not infringe.

"Renewal Is Not Necessary"

Failure to renew results in the trademark being removed from the register, making it vulnerable to use by others.

"Trademark Registration = Domain Ownership"

Trademark ownership doesn’t guarantee the same domain name availability online. So buy domain beforehand.

Let us handle the complexities of Trademark Registration while you focus on growing your business. Reach us at 7030307028 or WhatsApp us here for seamless guidance.

Why Choose Udyogpro?

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Compliance on time

FAQ ON TRADEMARK REGISTRATION

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1. What is a trademark?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of others, including logos, symbols, or brand names.

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2. Why should I register my trademark?

Registering a trademark provides legal protection, enhances brand recognition, and prevents unauthorized use by others.

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3. What is the duration of trademark registration?

A registered trademark is valid for ten years and can be renewed indefinitely for additional ten-year periods.

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4. How can I conduct a trademark search?

You can conduct a search on the Intellectual Property India website to check for existing trademarks that may conflict with your desired mark.

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5. What documents are needed for trademark registration?

Required documents include a representation of the trademark, applicant details, and a list of goods/services associated with the trademark.

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6. Can I trademark a name or a logo?

Yes, both names and logos can be trademarked, provided they meet the requirements of distinctiveness and originality.

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7. What are the fees for trademark registration?

The fees vary depending on the class of goods/services and the type of applicant (individual, small enterprise, or others).

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8. Can I apply for trademark registration online?

Yes, trademark applications can be filed online through the Intellectual Property India website.

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9. What happens if my trademark application is opposed?

If opposed, you will have the opportunity to defend your application in a hearing before the Trademark Registry.

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10. Can I register a trademark that is similar to another?

Registration may be denied if the trademark is deemed similar to an existing registered trademark or is likely to cause confusion.

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11. What is the process after filing the application?

After filing, the application will be examined, published for opposition, and if no issues arise, a registration certificate will be issued.

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12. How long does the trademark registration process take?

The process can take 6 to 18 months, depending on the complexity and any objections raised.

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13. Can I use a trademark without registration?

Yes, you can use a trademark without registration, but it provides limited protection under common law.

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14. What is a trademark class?

Trademarks are classified into various classes based on the goods/services they represent. Proper classification is crucial for registration.

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15. What are the grounds for trademark refusal?

Common grounds for refusal include lack of distinctiveness, similarity to existing trademarks, or non-compliance with legal requirements.

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16. Can I assign or license my trademark?

Yes, trademarks can be assigned or licensed to others, subject to certain legal formalities.

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17. What is the role of a trademark agent?

A trademark agent can assist with filing applications, responding to objections, and providing legal advice regarding trademark issues.

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18. How can I enforce my trademark rights?

You can enforce your trademark rights by taking legal action against unauthorized use or infringement of your registered trademark.

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19. What are common mistakes to avoid in trademark registration?

Common mistakes include incorrect classification, failing to conduct a comprehensive search, and not maintaining proper records.

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20. Is it necessary to use my trademark before registration?

While not mandatory, actual use of the trademark strengthens your application and helps establish common law rights.

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21. Can I trademark a generic term?

No, generic terms cannot be trademarked, as they do not distinguish the goods/services of one business from another.

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22. What is a trademark watch service?

A trademark watch service monitors new applications to ensure that similar marks do not infringe on your registered trademark rights.

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23. How do I renew my trademark registration?

Trademark renewal can be done by filing a renewal application with the appropriate fee before the expiry of the registration.

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24. What is a collective trademark?

A collective trademark is owned by a group or association and is used by members to identify goods/services originating from the group.

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25. What should I do if my trademark is infringed?

You should first send a cease and desist letter and, if necessary, take legal action against the infringer.

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26. Can I register a trademark in multiple classes?

Yes, you can register a trademark in multiple classes if you intend to use it for different goods/services.

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27. What is a non-use cancellation?

If a trademark is not used for five consecutive years, it may be subject to cancellation by a third party on the grounds of non-use.

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28. Can I file a trademark application for a foreign trademark?

Yes, if you are a resident of India, you can file for a foreign trademark under the Madrid Protocol.

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29. What is a trademark license agreement?

A trademark license agreement allows another party to use your registered trademark under specified conditions.

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30. How can I contact you for trademark registration services?

You can reach out through our website or call our customer support for further assistance.

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