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Trademark Registration in India, Online Trademark Registration in India By Trademark Lawyers

Trademark Registration

Rs. 1,499

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Tailored specifically for first-time applicants seeking trademark registration in India, the Beginner plan offers a comprehensive yet accessible pathway to safeguarding your brand identity - Brand Registration in India. This plan provides step-by-step guidance through the trademark registration process in India, including basic trademark searches in India, document preparation, and application filing assistance. Designed to ensure a smooth and hassle-free start to protecting your brand in India, the Beginner plan is ideal for individuals and startups looking to establish a strong foundation for their intellectual property rights by trademark registration in India.
Ideal for small businesses aiming to secure robust protection for their brand assets by trademark registration in India, the Basic plan offers comprehensive trademark registration services in India. This plan goes beyond the basics, providing thorough trademark searches in India, legal advice, meticulous application drafting, and expert handling of the trademark registration process in India. With a focus on delivering comprehensive support, the Basic plan ensures that your brand receives the level of protection it deserves, empowering small businesses to safeguard their market presence and intellectual property rights effectively.
Geared towards established companies seeking advanced protection for their brand assets via trademark registration in India, the Standard plan offers end-to-end trademark registration solutions in India. This premium plan includes extensive trademark searches in India, in-depth legal consultation, detailed application drafting, and ongoing monitoring to safeguard your brand's integrity and market presence effectively for trademark registration in India. With a focus on proactive protection and long-term brand management, the Standard plan is designed to empower established enterprises to navigate the complexities of trademark registration in India with confidence, ensuring maximum protection and market exclusivity for their valuable brands.

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Trademark Registration in India, Online Trademark Registration in India By Trademark Lawyers

Is your brand or logo unique to your business? Protect it from unauthorized use and infringement with Trademark Registration in India. At CA ADDA, we offer seamless and professional trademark registration services in India to safeguard your intellectual property and establish your exclusive rights in India.

Trademark Registration in India, Online Trademark Registration in India By Trademark Lawyers

Why is Trademark Registration in India Essential?

Brand Protection

Provides exclusive rights and legal protection against unauthorized use of your brand name, logo, or tagline.

Brand Recognition

Helps customers identify and trust your products or services, distinguishing your brand from competitors.

Asset Value

Adds significant value to your business, making it an intangible asset that can be licensed or sold.

Legal Remedy

Enables you to take legal action against infringers, safeguarding your brand's reputation and market presence.

Trademark Registration Process in India

  • Trademark Search in India: We conduct a thorough search to check the availability and uniqueness of your proposed trademark in India.
  • Document Preparation: Our experts assist in preparing all the necessary documents and applications for trademark registration.
  • Trademark Filing in India: We file your trademark application with the appropriate authorities, ensuring compliance and accuracy.
  • Trademark Monitoring in India: We monitor your trademark application and respond to any queries or objections from the Trademark Office in India.

Our Commitment

At CA ADDA, we prioritize our clients' needs and work tirelessly to protect their intellectual property in India. Our experienced legal team ensures that your trademark registration process in India is seamless, cost-effective, and tailored to meet your business requirements.

Secure your brand identity and establish your presence in the market with CA ADDA's reliable and professional trademark registration services in India. Safeguard your brand's future - Register your trademark today!

Contact Us

Phone: +91-9560388947

Email: support@caadda.com

Address: CA ADDA, India

For more information, visit our website: CA ADDA - Trademark Registration in India

FAQs About Trademark Registration in India

Q1: What is a trademark in India?

A trademark in India is a symbol, word, or phrase legally registered or established by use as representing a company or product.

Q2: How long does the trademark registration in India process take?

The trademark registration process in India typically takes around 12-18 months, depending on various factors such as objections and oppositions.

Q3: Can I register a trademark online in India ?

Yes, CA ADDA offers online trademark registration services in India, making the process convenient and efficient.

Q4: What documents are required for trademark registration in India?

The documents required include a soft copy of the trademark, proof of applicant's identity, proof of address, and a signed TM-48 form.

Q5: How long is a registered trademark in India valid?

A registered trademark in India is valid for 10 years from the date of application and can be renewed indefinitely.

Eligibility Criteria for Trademark Registration in India

Understanding the eligibility criteria for trademark registration in India is crucial to ensure that your application is successful. Here’s a detailed look at who can apply for a trademark and what makes a trademark eligible for registration in India.

Who Can Apply for a Trademark?

  • Individuals: Any individual, including foreigners, can apply for a trademark in their own name.
  • Business Entities: This includes sole proprietorships, partnerships, companies (both private and public), and LLPs (Limited Liability Partnerships).
  • Non-Profit Organizations: NGOs, charitable trusts, and other non-profit organizations can also apply for trademarks to protect their names and logos.
  • Joint Applicants: Two or more individuals or entities can jointly apply for a trademark.

What Makes a Trademark Eligible for Registration in India?

To be eligible for trademark registration in India, the trademark must meet certain criteria:

  • Distinctiveness: The trademark must be unique and distinguishable from existing trademarks. It should not be generic or descriptive of the goods or services.
  • Non-Deceptive: The trademark should not be deceptive or likely to cause confusion about the nature, quality, or origin of the goods or services.
  • Not Conflicting: The trademark should not be identical or similar to an existing registered trademark or a trademark for which an application is already pending.
  • Non-Offensive: The trademark should not contain any offensive, obscene, or scandalous matter.
  • Legal Compliance: The trademark should comply with all legal requirements under the Trademarks Act, 1999, and should not infringe on any existing trademarks.

Key Considerations for Eligibility

  • Prior Use: If you have been using the trademark before applying, it strengthens your case for registration.
  • Classification: Ensure that your trademark application correctly identifies the class of goods or services under which the trademark will be registered. The Indian trademark system follows the NICE classification, which categorizes goods and services into 45 classes.
  • Clear Representation: The trademark must be clearly represented in the application, including its logo, word, or symbol format.

By meeting these eligibility criteria, you can ensure a smoother trademark registration in India process and better protection for your brand.

FAQs About Eligibility for Trademark Registration in India

Q1: Can I register a trademark for a new business idea?

Yes, you can register a trademark for a business idea that you intend to use in the future, as long as it meets the eligibility criteria.

Q2: Can foreigners apply for trademark registration in India?

Yes, foreigners and foreign entities can apply for trademark registration in India.

Q3: Is prior use of the trademark necessary for registration in India?

Prior use is not mandatory, but it can strengthen your application and rights over the trademark.

Q4: What if my trademark is similar to an existing one?

If your trademark is similar to an existing registered trademark in India, it may be rejected. Conducting a thorough trademark search before applying is crucial to avoid conflicts.

Q5: Can I trademark a common word or phrase?

Common words or phrases that are descriptive of the goods or services are generally not eligible for trademark registration in India unless they have acquired distinctiveness through extensive use.

Trademark Classes for Registration in India

Trademark registration in India involves categorizing goods and services into specific classes based on the NICE Classification system, which is internationally accepted and consists of 45 classes (34 for goods and 11 for services). Choosing the correct class is essential for the protection of your trademark in relevant markets.

Classes for Goods (1-34)

  • Class 1: Chemicals used in industry, science, and photography, as well as in agriculture, horticulture, and forestry.
  • Class 2: Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers, and artists.
  • Class 3: Cleaning, polishing, scouring, and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices.
  • Class 4: Industrial oils and greases, lubricants, dust absorbing, wetting, and binding compositions, fuels (including motor spirit) and illuminants, candles and wicks for lighting.
  • Class 5: Pharmaceuticals and other preparations for medical or veterinary purposes.
  • Class 6: Common metals and their alloys, metal building materials, transportable buildings of metal, materials of metal for railway tracks, non-electric cables and wires of common metal, ironmongery, small items of metal hardware, pipes and tubes of metal, safes, goods of common metal not included in other classes, ores.
  • Class 7: Machines and machine tools, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), agricultural implements other than hand-operated, incubators for eggs.
  • Class 8: Hand tools and implements (hand-operated), cutlery, side arms, razors.
  • Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission, or reproduction of sound or images, magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, and computers, fire-extinguishing apparatus.
  • Class 10: Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth, orthopedic articles, suture materials.
  • Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
  • Class 12: Vehicles, apparatus for locomotion by land, air, or water.
  • Class 13: Firearms, ammunition and projectiles, explosives, fireworks.
  • Class 14: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes, jewelry, precious stones, horological and chronometric instruments.
  • Class 15: Musical instruments.
  • Class 16: Paper, cardboard, and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes), printers' type, printing blocks.
  • Class 17: Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes, plastics in extruded form for use in manufacture, packing, stopping and insulating materials, flexible pipes, not of metal.
  • Class 18: Leather and imitations of leather, and goods made of these materials and not included in other classes, animal skins, hides, trunks and traveling bags, umbrellas, parasols, and walking sticks, whips, harness, and saddlery.
  • Class 19: Building materials (non-metallic), non-metallic rigid pipes for building, asphalt, pitch, and bitumen, non-metallic transportable buildings, monuments, not of metal.
  • Class 20: Furniture, mirrors, picture frames, goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics.
  • Class 21: Household or kitchen utensils and containers (not of precious metal or coated therewith), combs and sponges, brushes (except paint brushes), brush-making materials, articles for cleaning purposes, steel wool, unworked or semi-worked glass (except glass used in building), glassware, porcelain, and earthenware not included in other classes.
  • Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes), padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials.
  • Class 23: Yarns and threads, for textile use.
  • Class 24: Textiles and textile goods, not included in other classes, bed and table covers.
  • Class 25: Clothing, footwear, headgear.
  • Class 26: Lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
  • Class 27: Carpets, rugs, mats, and matting, linoleum, and other materials for covering existing floors, wall hangings (non-textile).
  • Class 28: Games and playthings, gymnastic and sporting articles not included in other classes, decorations for Christmas trees.
  • Class 29: Meat, fish, poultry and game, meat extracts, preserved, frozen, dried, and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk, and milk products, edible oils and fats.
  • Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionery, edible ices, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, ice.
  • Class 31: Agricultural, horticultural, and forestry products and grains not included in other classes, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt.
  • Class 32: Beers, mineral and aerated waters, and other non-alcoholic drinks, fruit drinks, and fruit juices, syrups, and other preparations for making beverages.
  • Class 33: Alcoholic beverages (except beers).
  • Class 34: Tobacco, smokers' articles, matches.

Classes for Services (35-45)

  • Class 35: Advertising, business management, business administration, office functions.
  • Class 36: Insurance, financial affairs, monetary affairs, real estate affairs.
  • Class 37: Building construction, repair, installation services.
  • Class 38: Telecommunications.
  • Class 39: Transport, packaging and storage of goods, travel arrangement.
  • Class 40: Treatment of materials.
  • Class 41: Education, providing of training, entertainment, sporting, and cultural activities.
  • Class 42: Scientific and technological services and research and design relating thereto, industrial analysis and research services, design and development of computer hardware and software.
  • Class 43: Services for providing food and drink, temporary accommodation.
  • Class 44: Medical services, veterinary services, hygienic and beauty care for human beings or animals, agriculture, horticulture, and forestry services.
  • Class 45: Legal services, security services for the protection of property and individuals, personal and social services rendered by others to meet the needs of individuals.

Trademark Validity Period in India

Understanding the validity period of a trademark in India is crucial for maintaining your brand protection. Here’s a detailed overview of the trademark validity period, renewal process, and the implications of not renewing on time.

Initial Validity Period

  • Validity Duration: Once registered, a trademark in India is valid for 10 years from the date of application.
  • Exclusive Rights: During this period, the trademark owner has exclusive rights to use the mark for the goods and services it was registered for.

Renewal Process

  • Renewal Interval: A trademark can be renewed every 10 years, indefinitely.
  • Renewal Application: The renewal application (Form TM-R) must be filed before the expiry of the current trademark registration period.

Renewal Fee:

  • For Individuals, Startups, and Small Enterprises (MSMEs): ₹9,000 per class (if filed online), ₹10,000 per class (if filed offline).
  • For Others (Companies, Large Enterprises): ₹18,000 per class (if filed online), ₹20,000 per class (if filed offline).

Grace Period for Renewal

  • Grace Period: There is a 6-month grace period after the expiry date during which the trademark can still be renewed by paying an additional late fee.
  • Late Fee: An additional surcharge of ₹450 per month is applied for late renewal within the grace period.

Consequences of Non-Renewal

  • Trademark Lapse: If the trademark is not renewed within the grace period, it will be removed from the Trademark Register.
  • Loss of Rights: The trademark owner loses exclusive rights to use the mark, and it becomes available for registration by others.
  • Restoration: A lapsed trademark can be restored within one year from the date of expiry by filing a restoration application (Form TM-13) along with the restoration fee of ₹9,000 and the renewal fee.

Importance of Timely Renewal

  • Continued Protection: Ensures ongoing legal protection against unauthorized use of your trademark.
  • Brand Value: Maintains the value and integrity of your brand in the market.
  • Avoiding Legal Complications: Prevents potential legal disputes that may arise from the use of an expired trademark by others.

FAQs About Trademark Validity and Renewal in India

Q1: When should I file for trademark renewal in India?

You should file for trademark renewal in India before the expiry of the current registration period to avoid late fees and potential lapses in protection.

Q2: What happens if I miss the renewal deadline in India ?

If you miss the renewal deadline in India, you have a 6-month grace period to renew your trademark with a late fee. If you miss the grace period, the trademark will lapse, but it can be restored within one year from the expiry date by paying the restoration and renewal fees.

Q3: Can I renew my trademark online in India?

Yes, trademark renewal applications can be filed online, which is often faster and more convenient than offline filing.

Q4: Is there a limit to how many times I can renew my trademark?

No, there is no limit. You can renew your trademark indefinitely every 10 years as long as you continue to use and pay the renewal fees.

Q5: Can I renew my trademark if it has lapsed?

Yes, you can restore and renew a lapsed trademark within one year from the date of expiry by filing a restoration application and paying the necessary fees.

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