A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc used by business to distinguish it services or products from other same goods or services which are made in different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registrable if it is unique for the products and services you give.
Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time of another 10 years.
Trademark Registrations is done through us in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
What can be registered as a trademark?
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
Sound marks in audio format. For ex the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Advantages of Trademark Registration
- Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
- Legal Protection
A registered trademark owner has the legal right in case of infringement i.e you have a doubt that your trademark is copied by someone else, you sue them for copying your logo, brand, name or slogan.
- Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
- Global Filling of Trademark
A trademark which is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.
- Creation of intangible asset
The trademark can be a valuable asset in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is an intellectual property for the organization.
- Infringement protection
Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask legal protection upon the act and even sue the person or the company who made a false usage of the trademark.
- Applying the registered symbol
The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person
- Exclusive rights
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
- Differentiating products
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
- Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhances the brand value.
- Advertising sales
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
- Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
What Is Included In Our Package?
|Trademark Consultancy on Class and Availability||Free|
|Government Fees||Rs 4,500|
|TM Application Filing + Drafting (Our Fees)||Rs 1,200|
|Total Cost||Rs 5,916|
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
- Government Fees
Procedure For Trademark Registration
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.
Select Appropriate Class
Depending on nature of your products, we shall suggest the appropriate class of the 45 classes
Trademark Application filed
We create your Trademark application in 3 days and get your TM number
Trademark registration completed
Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application
Steps In Trademark Application
Documents needed for Trademark Registration
Validity of a registered trademark
Important things know about the Online Trademark Registration
Nowadays, with the arrival of technological advancements, a trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.
VIENNA codification process
Examination of Trademark
Hearing before Trademark registrar or officer
If the trademark application is denied, the candidate can go for a hearing. If the officer is satisfied with the given documents then the application will be transferred. If the officer is not satisfied, once again the application gets denied. If he/she is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be reached.
General Trademark Protection Solution
We offer a complete suite of solutions for the protection of your trademark in India. Before application of the mark and post-application of the trademark, eFilingCompany can assist you with consultation on protecting your trademark. But, please note that the final authority for registration of a trademark holds only with the Trademark Registrar and eFilingCompany or its Employees can at no-stage guarantee registration of a trademark.
Certificate of Registration
Frequently Asked Questions
Yes, you need a minimum of two directors for a private limited company. The maximum members can be 200. If you are the sole owner, you can register as a One Person Company.
Any individual/organization can become the member of the private limited company including foreigners/NRI. However, the individual must 18+ above in terms of age and should have a valid PAN card.
The entire procedure is 100% online and you don’t have to be present at our office or any other office for incorporation. A scanned copy of documents has to be sent via mail. They get the company incorporation certificate from MCA via courier at their business address.
There is absolutely no other payment. Our charges are inclusive of everything. We will send you an invoice with no hidden charges. Our team provides you support till you get your bank account.
incfile.in can incorporate a Private Limited Company within 15-25 days. The time took also depends on relevant documents provided by the applicant and speed of approvals from government. To ensure speedy registration, please pick a unique name for the proposed Company and make sure you have all the required documents prior to starting the registration process.
Yes, an NRI or Foreign National can become a Director in a Private Limited Company. They can get a DPIN from Indian ROC. Also, they can be a majority shareholder in the company. But, at least one Director on the Board of Directors must be an Indian Resident.
You need to start the company with a minimum capital of Rs. 100,000. However, you neednot pay this amount to the bank. You can also show that the capital has been utilised as the pre-incorporation expenses of the startups e.g, private limited registration expenses. You can also show this capital has been infused in form of assets such as computers etc.
No, you don’t need a proper office. You can even register your company at your residential address. It is perfectly legal to start the company at your home or in your garage. MCA team typically doesn’t visit your office.
Well, you can get someone from your family or friend circle as the second direction and give them marginal share, e.g, 0.01%. You also have the option to register a One person company, but it will not be possible to add directors in OPC later.
A company is a legal entity and a different person established under the Act. A company is treated as a different person which can own property and have creditors or debts. The members (Shareholders/Directors) of a company will have no liability to creditors of a company in case the company is unable to pay the debts.
Yes, you as a salaried person can become the director in private limited, LLP or OPC private limited company. You need to check your employment agreement if that allows for such provisions. In most, cases employers are comfortable with the fact that their employee is a director in another company.
No, you can’t convert your LLP into a Private Limited Company as it is not MCA. Both the LLP Act, 2008 and the Companies Act, 2013 don’t have any provisions on conversion of LLP in a private limited company. However, if you want to expand your business you can register a new Private Limited Company with the same name as that of the LLP. The LLP Company just needs to issue a no objection certificate.