How to Register a Trademark Name in India | Free Trademark Search

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How to Register a Trademark in India

• Presented generously is the comprehensive gamut
  of precious information about the trademarks and
  the trademark registrations in all across India,
  in ours this diligently prepared web article. Our
  full-service and full-fledged law firm is an
  immensely popular and one of the leading IPR law
  firms of India, with service coverage worldwide.
  Both the national or domestic and international
  and worldwide categories of trademark
  registrations proposed by companies belonging to
  all economic sectors concerned, have been
  well-supported by ours expert trademark lawyers
  of international stature and repute.
• As is well-known, the trademark registration is
  absolutely essential for giving a unique identity
  and striking prominence to the products or
  services of a company or service firm, within the
  concerned marketplace. Besides this, a highly
  imaginative and impressive trademark or service
  mark helps as a very effective catalyst for
  progress, popularity, and profitability of the
  business of the said company.

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What is a Trademark or Service Mark?

• Anything that distinguishes the products or
  services of a company from those of other
  companies in the concerned jurisdictional market,
  is generically known as a trademark (TM) or
  service mark (SM). The term trademark is
  commonly applied to products of a company, and
  for representing services of a service-providing
  company, the special wording is a service mark.
  Any distinctive mark, figure, sign, wording, or
  indication, can be selected for giving a
  distinguishing and impressive marking on the
  products or services of a company, within the
  specified jurisdiction. We help companies and
  firms comprehensively and ingeniously in
  Trademark Creation of desired type and form, for
  doing business or profession in any sector of
  occupation and economy.

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Types and Nature of Trademarks

• The most prominent and common trademarks contain
  any one or more of the things like a word or
  letter, numeral, graphical figure, a certain
  wording or phrase, any sign or signature, a
  distinctive combination of colors, 2D or 3D
  shapes, sound mark(s), or any distinct
  indication. Here, the most important thing is
  that the selected trademark or service mark must
  not be even partially similar to the trademarks
  or service marks of other companies and firms
  which are located in the same country, in order
  to avert the cases of official rejection from
  registration, trademark opposition, or trademark
  infringement litigation. To verify originality
  and uniqueness of a newly created trademark or
  service mark, the task of Trademark Search is
  performed through the trademark databases kept in
  the jurisdictional trademark offices of the
  concerned country.

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Trademark Classification

• The trademark classification list gives detailed
  information about the various classes of
  trademarks and service marks pertaining to
  different fields of businesses, professions, and
  services. Since India is a fully active and
  respected member of most of the international
  trademark conventions and treaties (such as the
  TRIPS Agreement, Madrid Protocol, Berne
  Convention, and the European Community
  Trademark), the trademark classification list
  used in India is rather extensive and
  all-en-compassing. In India, there are a total of
  45 classes of trademarks and service marks
  eleven classes are allotted to the services in
  diverse sectors, and the remaining 34 are
  reserved for products in all economic sectors.

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Trademark Symbols

• For the ultimate purpose of fortifying that a
  particular trademark or service mark is properly
  registered with any trademark office of a
  country, trademark symbols are used. The most
  well-known trademark symbols used on products and
  services in India and abroad are (an encircled
  capital R) and TM. For service marks, the symbol
  SM, is also utilized specifically, in addition to
  the symbol TM.
• Any of these trademark symbols is generally
  placed to the upper right of the preceding
  trademark in superscript style. Again, for a
  registered trademark, the most universal
  trademark symbol is this symbol cannot be used
  to represent an unregistered trademark or service
  mark. During the period, when a trademark is
  filed for registration and is under the process
  of registration, a company can use the symbol TM
  or SM on products, for the purposes of commercial
  dealings and transactions or advertisement.

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Trademark Offices in India

• As India is a vast country with the second
  largest population and one of the major and fast
  progressive economies of the world, there are as
  many as five well-established, big, and
  well-equipped trademark offices in all across
  India. These zonal trademark offices are located
  in Mumbai, New Delhi, Kolkata, Chennai, and
  Ahmedabad. These zonal trademark offices are
  responsible for registration, regulation, and
  controlling of trademarks and service marks,
  which belong to companies and firms in all
  economic sectors in entire India. Based on any
  specific location of the applicant entity,
  selection of any these provincial trademark
  offices are made for trademark registration,
  trademark renewal, or trademark opposition. The
  head trademark office of India is situated in
  Mumbai, that supervises and regulates the
  activities and responsibilities of all other
  regional trademark offices of the country.

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Procedures for Trademark Registration in India

• The main and most significant tasks associated
  with registration of a trademark or service mark,
  are - Trademark Creation, Trademark Search,
  Trademark Application Filing, Official
  Examination and Verification, and Trademark
  Prosecution for Registration. Among these the
  first two tasks have already been discussed in
  the above paragraphs, and now in this section, we
  are offering necessary details about the
  remaining tasks or topics.

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• The application for seeking proper
  registration of any newly created trademark or
  service mark, with any zonal trademark office of
  India, is made through the Form TM-1. The most
  important associated with this application form
  are - the prescribed registration fee, a soft
  copy of the proposed trademark in JPEG format,
  name and address of the applicant company or
  firm, trade-related descriptions of the
  proprietor company, concise information about the
  trademark or service mark being filed, the Class
  and Date of the very first use of this trademark,
  etc.
• After receipt of the trademark
  registration application, the trademark registry
  office will conduct necessary examination and
  verification of the filed trademark or service
  mark. After satisfactory results regarding the
  originality, perfectness, and uniqueness of the
  filed trademark within Indian jurisdictions, the
  trademark registry office publishes this
  trademark on the Indian Trade Marks Journal for a
  period of three months. Any company or firm may
  raise objection to registration of thus filed
  trademark, within this period, through the Form
  TM-5, submitted to the zonal Registrar of Trade
  Marks.

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• If no objection has been raised by the
  owners of previously registered or filed
  trademarks, then the forwarded trademark is given
  the final governmental approval and is perfectly
  registered. In case when objections by other
  entities are raised, sorting out of all affairs
  is made first before giving permission for its
  registration, through discussions in presence of
  the applicant and the opponent.
• Today, brisk e-filing of the trademark
  registration application is also well-facilitated
  with the website of the concerned zonal office of
  the trademark registry. Our well-informed and
  vibrant trademark lawyers of international repute
  are well-versed in e-filing of trademark
  registration applications on behalf of Indian and
  global clients. The lavish benefits of e-filing
  are - immediate receipt of the trademark
  application number and the filing date, assurance
  of an error-free filing, secure saving of all
  data in PC, ease in knowing the present status of
  the filed application and e-payment, promptness
  of the registration process, and so on.

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Duration Cost for Trademark Registration in
India

• In general, any zonal trademark office of India
  grants registration to any trademark or service
  mark well within a year. However, depending upon
  the status of uniqueness and infringement
  allegations by other entities, the registration
  of a trademark or service mark may take longer
  period of time.
• At present, the governmental fee for registration
  of a trademark or service mark with any regional
  trademark office of India, is INR-3,500/-. This
  fee does not include the consultation fees, fees
  for preparing and filing the trademark
  registration application, and the fees for
  fighting any trademark opposition case.

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Validity of a Registered Trademark

• The time-period of recognition and validation to
  any registered trademark or service mark in all
  across India, is 10 (ten) years, from the date of
  its registration. Well within the elapse of this
  period, a trademark must be renewed further for
  next ten years, in order to enjoy governmental
  protection and the full gamut of trademark
  related rights. Given is brief information about
  the trademark renewal, hereunder.

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Trademark Renewal

• The application for renewal of any registered
  trademark or service mark is made in the Form
  TM-12, with the concerned zonal trademark office.
  At present, the trademark renewal fee is
  INR-5,000/-, for punctual renewals. For belated
  renewals (Form-10) and the restoration of removed
  trademarks (Form TM-13), the fees are INR-3,000/-
  and INR-5,000/-, respectively.

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Trademark Opposition

• In future, if any proposed trademark or service
  mark happens to be strikingly or objectionably
  similar to yours registered trademark, you can
  rigorously file a trademark opposition
  application in Form TM-5. The trademark
  opposition application is recommended to be filed
  within three months from the date of publication
  of the proposed trademark in the Indian Trade
  Marks Journal.

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