Trademark Registration in India – Process, Time and Steps

Why Should You Register a Trademark?

Registering a trademark is an essential step to protect your brand identity and gain a competitive edge. Here are the key benefits:

1. Exclusive Legal Rights: Grants the owner exclusive usage rights over the brand name or logo under the Trademarks Act, 1999.

2. Collateral for Loans: Registered trademarks can be used as security to raise funds or loans.

3. Boosts Business Valuation: As an intangible asset, it adds to your company’s overall valuation.

4. Licensing & Assignment: A trademark can be licensed, franchised, sold, or assigned, generating revenue opportunities.

5. Transferable Asset: The ownership of a registered trademark can be transferred or assigned through a legal agreement.

 How to Apply for Trademark Registration?

Step-by-Step Process:

1. Filing the Application

 File online via the Trademark Registry using DSC (Digital Signature Certificate) and Power of Attorney (if applicable).

2. Submit with Prescribed Fee

 File Form TM-A with the correct fee and required information.

3. Application Details Must Include:

o Wordmark or Logo

o Owner's Name & Address

o Trademark Class

o First Use Date (if applicable)

o Description of Goods/Services

4. Allotment of Application Number

 On filing, you receive a unique application number and can start using the ™ symbol.

5. Vienna Codification

 If the trademark includes a logo/image, it is classified under Vienna Codification based on figurative elements.

6. Examination & Objections

 The application is examined. If objections are raised, a response must be submitted. If accepted, it moves to the next step.

7. Publication in Trademark Journal

 The trademark is published for 120 days. If no opposition is filed, registration proceeds.

8. Issuance of Registration Certificate

 After clearing any opposition, the Trademark Registration Certificate is issued.

9. Use of ® Symbol

 Post-registration, you can proudly use the ® symbol, showing legal ownership.

 Information Required for Trademark Application

• Applicant Name (Individual/Business)

• Type of Entity (Proprietorship, Partnership, LLP, Company, NGO)

• Nature of Business (Manufacturing, Trading, Services)

• Business Address & Contact Details

• Authorized Signatory Details

• Product/Service Description

• MSME or Startup India Certificate (if applicable)

Documents Required for Trademark Registration

For Sole Proprietorship:

• Logo (Optional, preferably in black & white)

• PAN, Aadhaar/Address Proof of Proprietor

• Business KYC Documents

• DSC or POA (for Agent)

For Partnership/LLP/Company:

• Logo (Optional)

• Udyog Aadhaar or MSME Certificate

• Incorporation Certificate / Partnership Deed / LLP Agreement

• Identity & Address Proof of Signatory

• PAN and Address Proof of Entity

• DSC or POA

Trademark Registration Fee

Applicant Type Government Fee (Per Class)

Individual / Startup / MSME ₹4,500

Others (Company/LLP) ₹9,000

Why Choose Compliance Calendar LLP?

We provide end-to-end assistance in your trademark journey:

✔️ Comprehensive IP Check

 ✔️ Detailed Trademark Search via CGPDTM Database

 ✔️ Advisory on Class Selection (as per NICE Classification)

 ✔️ Drafting & Filing of TM Application

 ✔️ Drafting of User Affidavit (if applicable)

 ✔️ Filing of Reply to Examination Report / Opposition

 ✔️ Attending Hearings on Your Behalf

 ✔️ Trademark Assignment & Renewal Services