Trademark Application
About Our Service
A strong brand demands a significant investment of time, money, and effort. It is crucial to protect the rights to all of the components that contribute to a brand's distinct character, including the logo, tagline, product shape, packaging, sound, aroma, and colour schemes. A trademark distinguishes your goods or services from those of rival businesses in the market and offers legal security and exclusivity.
A trademark registration in India gives individuals and companies exclusive ownership rights and forbids unauthorised use by others under the Trademark Act of 1999. After a trademark has been successfully registered, the "TM" symbol can be added to the brand to indicate that it is a protected one. To protect the brand's reputation and avoid any infringement problems, trademark registration is a key step.
In India, trademark registration can be a difficult procedure that requires several steps and continual communication with the government. It is advised to get expert assistance to manage this process successfully. Doing so will ensure a seamless registration process and compliance with all legal requirements.
Trademark Application by FilingMan is your gateway to safeguarding and elevating your brand identity. With an acute understanding of the intricate world of intellectual property, FilingMan simplifies the process of securing trademark protection for your unique symbols, names, or designs. Our dedicated experts guide you through each step of the application process, ensuring that your brand's distinctive features are legally protected and poised for recognition and success.
Documents Required
Incorporation Certificate: If the trademark is being registered under a company or LLP.
Partnership Deed: If the trademark is being registered under a partnership firm.
PAN Card: Of the authorized signatory.
Aadhaar Card: Of the authorized signatory.
Form TM-48 Signed: The TM-48 is a legal document that allows your attorney to submit your trademark application with the trademark registry on your behalf. Our professionals will prepare the necessary papers for your signature.
Logo: Please ensure that the logo is uploaded in Color and not just black and white, as this will ensure that all colours of the trademark are covered under the registration process.
Eligibility for Trademark Registration
In order to protect distinctive names, slogans, or recently developed phrases, trademark registration is frequently sought after. It is open to a wide spectrum of applicants who want to safeguard their intellectual property in India, including individuals, businesses, and non-profit organisations. The trademark application process, however, imposes unique standards and requirements on each kind of applicant. The following organisations are eligible for trademark registration in India.
An Individual (Person):
Even if a person does not already operate a business, they are nevertheless eligible to apply for the registration of a trademark for a symbol or word that they plan to use in the future.
Joint Owners:
If a company has joint ownership, all of the owners may register for a trademark together, and the application must include each owner's name.
Proprietorship Firm:
A proprietorship firm is eligible to apply for a trademark in its owner's name. The proprietorship name and the business name, however, cannot both be listed on the application. Both will be handled separately during the registration process if both are included.
Partnership Firm:
A trademark application for a partnership firm with a maximum of ten participants must include the names of every partner. The name of the guardian acting on behalf of any minor partners must also be mentioned.
Limited Liability Partnership/LLP:
If the entity is a Limited Liability Partnership (LLP), the application for a trademark should be made in its own name. Individual partners cannot be the trademark applicants since an LLP is a unique legal entity with its own identity.
Indian Company:
Any Indian company, regardless of its legal structure—private limited, limited, or another—must apply for a trademark registration in the firm's name. Company directors cannot be the applicants for the trademark registration because they are incorporated organisations.
International Business:
If a foreign corporation wishes to register a trademark in India, it must do so under the name under which it is registered elsewhere. The type of registration, the nation, and the statute should all be indicated here.
Trust or Society:
The managing trustee, chairman, or secretary who is representing a trust or society must be identified when a trademark application is submitted on their behalf.
Types of Trademark Registration
A variety of trademarks, including product marks, service marks, collective marks, certification marks, form marks, sound marks, and pattern marks, may be registered in India. Although trademarks come in a variety of shapes and sizes, they all serve the same purpose in helping consumers recognise products and services offered by certain producers or service providers. Let's look at the various trademark registration categories in India.
1. Product Mark
Product markings, as opposed to service marks, are applied to goods or tangible products. It supports maintaining the company's reputation and locating the product's place of manufacture. Since product marks stand for tangible goods, trademark registrations falling within categories 1-34 are related to them.
2. Service Mark
Similar to a product mark, a service mark is used to distinguish services from tangible commodities. Its main purpose is to set apart some service providers from those who offer comparable services. Due to the fact that they stand for various services, trademark applications filed under classes 35 to 45 are considered service marks.
3. Collective Mark
A collective mark is intended to educate the public about the distinctive qualities of goods and services connected to a particular group. It enables a group of people to jointly safeguard and advertise their products and services. An association, a governmental institution, or a Section 8 corporation might be the trademark holder in this scenario since they are all cooperating to forge a common identity and reputation.
4. Certification Mark
A certification mark is a logo or sign that the owner issues to specify details regarding the origin, composition, quality, or other characteristics of the product. The fundamental goal of a certification mark is to create and uphold a standard for the product, providing consumers with the confidence that the product has met established standards for performance and quality. These logos are frequently seen on toys, electronics, packaged goods, and other products to indicate that they adhere to certain standards and specifications.
Trademark Registration Costs
₹ 1,499 / Only
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Benefits of Trademark Registration
Legal Protection
The use of a trademark without permission is illegal and is protected by trademark registration. The owner is given exclusive rights and is empowered to file a lawsuit if someone violates such rights.
Brand Recognition
Trademarks aid in the creation of a distinctive identity for goods and services, making it simpler for consumers to recognise and link them to a certain brand or company.
Business Asset
Trademarks are significant assets for businesses that may increase in value over time. They add to the overall worth of the firm because they can be licenced, sold, or put up as security for loans.
Market Advantage
By barring competitors from adopting identical marks, a registered trademark delivers a competitive edge in the market and ensures the distinctiveness and legitimacy of the brand.
Nationwide Protection
Trademark registration offers protection throughout India, enabling businesses to grow their presence and reputation without worrying about third parties using their mark illegally in other areas.
Deterrent to Infringement
The existence of a registered trademark serves to dissuade potential infringers and lowers the danger of unauthorised use or imitation.
Global Protection
Trademarks can be registered internationally, offering protection in a number of nations, which is advantageous for companies with international aspirations.
Brand Loyalty
Strong trademarks encourage brand loyalty among consumers, who are more likely to rely on and choose goods connected with a recognisable and respected brand.
Why Choose FilingMan
For Trademark Registration?
FilingMan provides comprehensive support to optimize the value of your trademark. We conduct thorough searches to ensure your chosen trademark is distinctive and not already in use, mitigating potential conflicts. Our professionals assist in drafting the application with precision, adhering to legal requirements and enhancing the likelihood of successful registration. By choosing FilingMan for your Trademark Application, you gain a partner committed to safeguarding your brand's uniqueness and helping you navigate the complex landscape of intellectual property, setting the stage for a resilient and reputable brand presence.