Trade Mark Registration

Protect Your Brand Identity

Secure your brand name, logo, and business identity with Trade Mark registration. Protect your intellectual property and establish exclusive rights to your trademark.

Do you know what is Trade Mark or Service Mark?

Understanding Trade Mark protection

What is a Trade Mark?

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.

Legal Requirements

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.

Types of Trade Marks

  • Word signatures and names
  • Devices and labels
  • Numerals and symbols
  • Combination of colours

Trade Mark

Brand Protection

Can I apply for Trade Mark or Service Mark?

Understanding Trade Mark application eligibility

Who Can Apply?

Eligibility Criteria

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.

Application Requirements

The application should contain:

  • • The trademark
  • • The goods/services
  • • Name and address of applicant
  • • Agent details (if any) with power of attorney
  • • The period of use of the mark

Language & Filing

The application should be in English or Hindi. It should be filed at the appropriate office.

Application Process

Step 1: Proprietorship Claim

Claim to be the proprietor of the trademark

Step 2: Written Application

Submit application in prescribed manner

Step 3: Complete Details

Include all required information and documents

Step 4: Office Filing

File at the appropriate trademark office

Important Note

The trademark can be used or proposed to be used, meaning you can apply for registration even before actually using the mark in commerce.

What are rights Conferred by Registered Trade Mark?

Understanding Trade Mark rights and protection

Exclusive Rights

The proprietor of a registered trademark has exclusive rights in the trademark.

Identical or Similar Use

Rights are infringed when the use in the course of trade is made of a sign which is identical with or similar to the trademark in relation to goods or services which are identical with or similar to those for which it is registered.

This includes the likelihood of confusion on the part of the public, including the likelihood of association with the trademark.

Protection Scope

  • Exclusive use of the trademark
  • Prevention of unauthorized use
  • Legal action against infringement
  • Brand protection and reputation

Reputation Protection

Rights extend to cases where the use in the course of trade is made of a sign which is identical with or similar to a trademark in relation to goods or services which are not similar to those for which the trademark is registered.

This applies when the trademark has a reputation and such use takes unfair advantage of or is detrimental to the distinctive character or the repute of the trademark.

Key Benefits

  • Brand exclusivity and recognition
  • Legal protection against copying
  • Business value and asset creation
  • Market expansion opportunities

What documents do you require to submit?

Essential documents for Trade Mark registration

Required Documents

Complete documentation needed for Trade Mark registration

Authorization Documents

  • Authorization Letter or Power of Attorney to the Trade Mark Agent
  • Agent authorization to apply on behalf of Applicant

Application Form

Application form which includes business details like:

  • • Name of the business
  • • Nature of the business
  • • Business address
  • • Proprietor or Partner or Director details
  • • Proposed Trade mark details

Trade Mark Device

  • If device to be registered, Device is required
  • High-quality digital copy of the mark
  • Proper format and resolution

Additional Requirements

  • Identity proof of applicant
  • Business registration documents
  • Payment of registration fees

For your better understanding

Trademark symbols and their usages

®

R Symbol

You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.

Key Features:

  • • Available immediately upon filing
  • • Provides protection during registration
  • • Deters others from copying
  • • Shows intent to protect

™ Symbol

This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.

Key Features:

  • • For unregistered trademarks
  • • Warning symbol only
  • • No legal protection
  • • Can be used by anyone

SM Symbol

The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.

Key Features:

  • • For service industry
  • • Classes 35-45
  • • No guaranteed protection
  • • Service mark indicator

Why Choose Our Trade Mark Registration Services?

Professional assistance for brand protection

Brand Protection

Comprehensive protection for your brand identity and intellectual property

Trademark Search

Thorough search to ensure your trademark is unique and available

Expert Documentation

Professional preparation of all required documents and applications

Fast Processing

Quick and efficient trademark registration process

Expert Support

Professional guidance throughout the registration process

Ongoing Support

Continuous support for trademark maintenance and renewal

Trade Mark Registration Process

Simple steps to protect your brand

1

Trademark Search

Conduct comprehensive search to ensure uniqueness and availability

2

Application Filing

Submit application with all required documents and fees

3

Examination

Trademark office examines application for compliance

4

Registration

Receive trademark certificate upon successful registration

Ready to Protect Your Brand?

Secure your brand identity with Trade Mark registration. Get exclusive rights to your trademark and protect your business from infringement.

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