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Welcome to click To Professional
In this digital age, protecting a brand’s identity has become highly important. Whether you are starting a new business, handling a reputed company, or beginning your entrepreneurial journey as a sole proprietor, online trademark registration prevails as a crucial step to ensure the specialty and uniqueness of your goods and services.
At Click To Professionals, we understand your efforts and hard work in growing your brand. Also, we know the absolute necessity of brand name registration. Hence, we ensure the uniqueness of your goods and services in this competitive era. According to the Indian Trademark Act 1999, you can register your slogan, logo, packaging, shape, color combinations, smell, sound, and so forth, providing your brand with unique recognition. Whether you are an established organization, a startup, or an individual owner, our expert trademark registration consultants can handle the trademark registration process.
Introducing Trademark
A trademark is a type of intellectual property that makes the goods or services of one company stand out from those of other companies on the market. The Intellectual Property refers to human mind’s creations, such as symbols, designs, computer codes, images, names, artistic works, inventions, etc. Therefore, an intellectual property contains an identifiable name, design, sign, expression, or symbol that recognizes a good or product from a specific provider and differentiates it from others.
Any legal entity, organization, or individual can possess a trademark. It works as a legal tool that ensures that customers can recognize the source of what they are buying.
Common Types of Trademark Registration in India
Pattern Mark
These marks are used for goods featuring designed, distinct patterns that work as different features. These patterns should be unique and differently identifiable to qualify for a trademark registration.
Service Mark
A service mark helps recognize services instead of physical goods. These marks mainly enable the distinction of some specific service providers. Trademark applications belonging to classes 35-45 are sometimes considered service marks associated with services.
Certification Mark
A business owner issues a certification mark to signify details about the source, manufacturing, quality, or other possible information of a product. These marks decide on a product’s quality and guarantee clients that the product fulfills the standardized benchmark. Usually, they are found in toys, packaged products, and electronic goods.
Product Mark
This particular trademark is used for products or goods. They help recognize the products’ source and secure an organization’s reputation. Trademark applications belonging to classes 1-34 are usually identified as product marks as they refer to material goods.
Tagline or Slogan
Trademarked slogans or taglines are unique and creative phrases that help customers remember a product. These taglines allow brands to utilize them in their ad campaigns.
Device Trademark
These are visual components that are affixed to make recognizable and special representations. Device trademarks have artistic parts, like a word mark, a symbol, or often a mix of the two.
Shape Mark
These marks are used to secure a unique product shape. This makes the product easily identifiable to customers as sourcing from a particular maker. Registering a trademark depends on the shape being seen as exceptional.
Label Trademark
This type of trademark safeguards the packaging or label of an item and its visual image and design. It ensures the product label or packaging’s protection, making it unique and different for all businesses. In short, it serves as an identifier or recognizer of a brand.
Trademark Symbols
There are three primary trademark symbols. They are as follows:
R Symbol
The R symbol signifies an official trademark registration with an appropriate authority. This trademark symbol gives complete legal protection against illegal use, providing the owner the sole right to use the brand along with particular products or services.
TM Symbol
This symbol indicates that an owner claims a brand before registering the trademark. It gives a certain level of protection and allows to build ownership rights in terms of violation or brand disputes.
SM Symbol
This symbol especially signifies the service marks that represent services before their registration. Similar to the TM symbol, the SM symbol helps claim brand ownership associated with services, while providing a degree of protection.
Trademark Registration Benefits
A trademark is a distinct sign or symbol that may be a numeral label or a combo of colors for recognizing your products or services. It allows you and a third party to differentiate your goods or services from those belonging to your competitors. However, be sure to remember that common names, geographical names, basic abbreviations, or common trade words cannot be registered as a mark.
Apart from being distinct, a trademark must be simple to use, make brand identity, and make your goods promotable. This registration procedure comes with many benefits to the business owner:
A registered trademark owner has the legal right to charge anybody in case of trademark infringement.
A registered trademark owner can have exclusive rights over his trademark. He can apply the same trademark for all the goods belonging to similar classes. These rights on the goods or services allow the owner to prevent all kinds of illegal use of the registered trademark.
Trademark registration makes an ethereal asset, and the registered mark can be sold, assigned, licensed, commercially contracted, or franchised to offer more benefits to the business owner.
Consumers can identify a service or product with just the trademark or brand name. A trademark registration assures that competitors won’t apply it, and therefore, it remains the exclusive asset of the organization.
A registered trademark boosts your entire business value, reputation, and net worth in the industry. It communicates the unique features of your products, your quality guarantees, and the objectives of your company. In short, trademark registration plays a part in your business development. It helps retain potent consumers and safeguard the business’s goodwill.
Legal Protection
Offering Exclusive Rights
Asset Formation
Unique Brand Recognition
Building commercial goodwill and valuation
Trademark Registration Documents
A business owner should submit the following trademark registration documents:
- Proof of identity of the applicant along with address proof
- Trademark’s image
- TM-A form (drafted by Click To Professionals)
- User affidavit (if you have used trademark previously)
- Power of attorney (drafted by Click To Professionals)
Aside from these documents mentioned above, an applicant must provide the following preliminary details to start online trademark registration in India:
Name of the applicant
The name of the business, individual, or company applying for registering the trademark.
Business goals
Describe the nature and operations of your business under the trademark.
Slogan, logo, or brand name
Ensure to particularize the tagline, logo, or brand name you want to trademark.
Type of business
Mention the type of business, like a sole proprietorship, a startup, an MSME, a partnership firm, or a private limited company.
Registration address
Give the official address of the company applying for the trademark registration.
Earlier user date
If the applicant has used the same brand name earlier than the date of the trademark application, ensure that you give that alongside documents to make your case stronger.
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Basic Trademark Classes to Register a Trademark
Trademark classes are one of the vital parts of the registration procedure. The NICE Classification, or the International Certification of Products and Services, decides these trademark classes. Products and services are put into 45 different classes by these classes. Classes 1-34 categorize products, and 35-45 categorize services.
You must choose the right trademark class carefully because it decides the authenticity and efficacy of the trademark registration of your business goods or services. If your organization serves across different areas belonging to various classes, be sure to apply for a trademark under all appropriate classes.
Some popular trademark classes for registration in India are as follows:
- Class 9 - Includes electronics and computer software
- Class 25 - Includes apparel and clothing
- Class 35 - Includes advertising and business management
- Class 41 - Includes entertainment and education
How to Register a Trademark
Trademark registration in India is a tedious task. Click To Professionals has made the whole process easier by breaking it down into some simple steps and giving professional assistance.
Conducting a detailed trademark search is highly necessary before registering a trademark. This step is crucial to protecting the exclusivity and integrity of your organization. You can reach out to our trademark registration consultants to conduct a thorough trademark availability check and verify whether the mark you want to register is available.
This comprehensive search helps recognize pre-existing marks in the market, allowing the analysis of possible conflicts and, finally, ensuring the safeguarding of your brand. Click To Professionals help you make detailed decisions about your brand name or trademark registration.
Ensure to choose a distinctive and special mark that represents your brand. Also, identify the class your business falls into. As earlier mentioned, classes 1-34 are for products, and 35-45 are for services.
After choosing a trademark class and submitting documents, you need to complete the trademark application form. Our expert team can handle this on your behalf. Throughout this procedure, we keep you updated, maintain transparency, and check notifications from the Trademark Registry until we complete the brand name or trademark registration.
You can file a single application for a collective trademark or many series or classes of trademarks. You should fill out Form TM-A for this. Filling out this form helps you register the trademark beyond a single class.
It has two individual cost brackets: INR 9,000 or INR 10,000 (for companies) and INR 4,500 or INR 5,000 (for individuals).
If the examiner asks some questions about the application, he may send you a notice for trademark objection. Click To Professionals’ experts can help you prepare a unique response and submit essential proofs and documents. Also, we keep you updated about your application status and enable you to navigate all hearings or oppositions. After completing the registration process successfully, we can help you with trademark assignment, trademark renewal, trademark licensing, and all other post-trademark registration services you may need.
Legal Framework for Trademark Registration in India
The trademark system in India shields businesses from illegitimate usage of their brands. The basic elements of this system include the Trademark Rules 2017, the Indian Trademark Act 1999, and the Madrid Protocol for international registration.
Trademark Rules 2017
- Online trademark application
- Applying for trademarks is possible online, with various packages for companies and individuals.
- Opposition
- After publishing a trademark, others get 3 months for opposing it.
- Trademark renewal
- You must renew your trademark every 10 years to maintain its validity.
Madrid Protocol for International Registration
India belongs to the Madrid Protocol that enables businesses to apply for trademark registration in many nations with a single application. In short, this protocol makes it easier to safeguard a brand globally.
The Indian Trademark Act 1999
- Classification
- Trademarks for goods and services are grouped into several classes under the Nice Classification.
- Uniqueness
- Every trademark should be distinct.
- Absolute grounds for refusal
- If a trademark is common or cause confusion, it can be rejected.
- Validity
- As mentioned earlier, the validity of a trademark is only 10 years. After this duration, you need to renew it.
Trademark Registration Fees
Trademark registration fees are different for both companies and individuals. Individuals may need to pay approximately INR 5,000, and companies may need to pay approximately INR 10,000 for the registration process.
Registration Fee for Companies
- Trademark Government Fee
INR 9,000 per class
- Trademark Professional Fee
INR 999
- Total Fees
INR 9,999
Registration Fee for Individuals
- Trademark Government Fee
INR 4,000 per class
- Trademark Professional Fee
INR 999
- Total Fees
INR 4,999
Feel free to contact our consultants for a detailed trademark registration cost.
Why Choose Click To Professionals for Trademark Registration in India?
Here’s why you must appoint Click To Professionals for an expert online trademark registration:
- We conduct a comprehensive trademark search
- We file for trademark registration on your behalf to prepare the authorization letter
- Our experts fill out and apply the registration form to the registrar
- Our consultants can guide you through the trademark classes your business falls into
- We will keep you updated until registration is complete
- You will receive best-in-class assistance throughout the registration procedure, and our professionals will always be ready to answer your queries
Frequently Asked Questions (FAQs)
Any organization, individual, or LLP can apply for a trademark by submitting the trademark registration form. The applicant will be declared as the trademark owner after the registration is done successfully.
This process is completed immediately. It can take a few hours after we receive your authorization letter. After applying, the trademark registration government website takes 18-24 months to confirm the registration and offers a confirmed registration certificate.
You can monitor the status of your trademark registration application by visiting the government’s official website. Also, Click To Professionals will keep you updated regularly through emails.
It would help if you renewed your trademark every ten years to maintain its legal protection.
Not necessarily, but appointing a trademark lawyer ensures correct filing and increases the possibility of successful trademark registration.
Yes, you can transfer your trademark through a licensing contract, sale, or assignment.
Yes, a registered trademark is liable for removal due to non-use. If you do not use it for a constant time of 5 years from the date of trademark registration, it can be removed through an application for removal that is created after three months from the expiry of these five years.