How to register trademark india [Definitive Guide]



Last updated : Aug 22, 2022
Written by : Jenniffer Slaughter
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How to register trademark india

How can I get registered trademark in India?

In order to apply for a trademark any business/proprietor may in writing in prescribed manner for registration make an application to the Indian Patent Office. The application should contain the trademark, the nature of goods/services, name and address of the applicant, the period of use of the mark.

Can I register a trademark myself in India?

So, an individual can file for the registration of his trademark himself. The application can be filed online through the e-filing gateway available at the official website or in writing with the Indian Trademark Office (TMO).

How do I register a trademark?

Any interested Party or Public can obtain a certificate for legal purposes mentioning the details of the TM application. To file this request, TM-46 can be selected from “Form Filing Tab” and enter the Application/opposition/rectification number for which a legal certificate is required.

Can I use TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can I sell my brand name?

You can trademark your company's name as long as it has not been trademarked by someone else. Once you have trademarked your company's name, you can sell or transfer your trademark at any time. You will have to find a buyer and arrange a price yourself.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

What is the government fee for trademark?

GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK. The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS.

Is GST mandatory for trademark registration?

1. KYC Of partners – of all the partners such as PAN Card, Aadhar card etc. 2. GST (if any) if the Company has taken GST in its Name , it must be used.

Can I register a brand without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved.

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

Do I really need to trademark my logo?

Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

What is difference between TM and R?

TM denotes that you are claiming a right to use your brand as a trademark, although it may not yet be registered with the relevant IP office. (R) signifies that your trademark is officially registered with the IP office in the country and for the goods and services that you are using it for.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What does C mean on a logo?

Copyright: ©. When you write a "C" with a circle around the letter, or use the word "copyright," you are giving notice to the public that the work is copyrighted and that you are the owner of the work.

Is it hard to file a trademark?

Filing a trademark application is complex and time-consuming and requires a knowledgeable person to ensure the paperwork is completed properly. It is important to understand trademark law to avoid making common trademark mistakes during the trademark registration process.

How much time it takes to register a trademark in India?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

What is my business name worth?

The formula is quite simple: business value equals assets minus liabilities. Your business assets include anything that has value that can be converted to cash, like real estate, equipment or inventory. Liabilities include business debts, like a commercial mortgage or bank loan taken out to purchase capital equipment.


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How to register trademark india


Comment by Major Therres

Thanks for this great article


Thanks for your comment Major Therres, have a nice day.
- Jenniffer Slaughter, Staff Member


Comment by Abe

Thanks for this interesting article


Thanks Abe your participation is very much appreciated
- Jenniffer Slaughter


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