Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Registration (₹5799)*

Trademark Registration (₹5799)*

  • Overview
  • Why Taxcomate
  • Process

Trademark Registration (Company)

Company Logo and brand name are the unique visual communicators that people identify your business with. To keep your brand integrity intact, it is important to legally protect your brand name and logo from copying issues.

Frequently Asked Questions (FAQs)

A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On filing of the Trademark Application you can start using ™.

Trademark registrations are distinctive to the goods or services they represent. The registrations are product/service specific and are made under a "Class" of goods or service it represents.

There are total 45 classes (1-34 for products and 35-45 for services). You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply trademark online under all the applicable classes.

Symbol “TM” can be used after filing of trademark application. “R” should be used only after registration of trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.

The registered trademark is valid for 10 years from the date of filing of application. The trademark can be renewed further.

Once the trademark application is filed, it is examined by the Trademark Registry. After completion of the examination the Examiner from the Trademark Registry may issue Examination Report, in case the examiner finds objections as provided under The Trade Marks Act, 1999. On issuance of the examination report, the Trademark status changes to Objected. The instances of trademark objection in India are too many and too common. Every year, there are thousands of applications filed by trademark aspirants. Therefore, you should take absolute care when it comes to filing the application for registration. Because regardless of how much you worked hard drafting the application, the objection to trademark doesn’t take much time. There are two grounds under which the trademarks are objected. They are:

 

i) Absolute Grounds:

The trademark does not possess any distinctive character.

The trademark tells the quality of the product it represents.

The trademark is offensive to specific communities due to deliberate or mistaken intention.

 

ii) Relative Grounds:

The trademark can cause confusion among public

 

However, trademark objections are not always fair. Therefore, there is trademark objection reply. A rely to the TM objection has to be specifically filed in a customized fashion. Basically, through the reply, you are going to counter each statement made in the objection with a rebuttal. It has to be reasonable enough to counter the objection. If the reply is accepted, the trademark is published. If not, there is the matter of hearing.

A trademark opposition is basically filed for opposing a trademark which is advertised in the journal by the trademark registry from registration. It is mainly a way to protect your trademark being misused by the others or to stop someone trying to take benefits of your creativity or efforts without your permission. A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Registrar and paying the required fee. The trademark notice of opposition must be filed within 4 months of the date that the trademark application is published for opposition. A trademark opposition must allege one or more grounds for challenging a trademark application. Most often, a trademark application is opposed by someone who owns prior rights in an identical or confusingly similar trademark. But, trademark applications can also be challenged on a number of other grounds. In addition to alleging a valid ground for opposition, the opposer needs to show that it has the standing to oppose the application. In other words, the opposer must allege in the notice of opposition that it has a direct and personal stake in the outcome of the proceeding and that it could be harmed by the registration of the trademark. Post filing of the Opposition the due process is required to be followed as prescribed under The Trade Marks Act, 1999.

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

The government fees for trademark registration are Rs.9000 per application per class for Non-MSME Entities.

The government fees for trademark registration are Rs.4500 per application per class for individual/sole proprietorship.

The reduced government fees for trademark registration are Rs.4500 per application per class for MSME Registered Entities.

Here is why you should choose Taxcomate for trademark registration:

We provide primary search for the trademark to be applied.

We help identify the relevant class of good / service.

We draft the Trademark Application on your behalf.

We update you with each stage of passing of your Trademark Application.

You will get the best support throughout the online trademark registration process and all your queries will be resolved.

1. Services Covered

  1. Online Filing of ONE trademark application
  2. Drafting of Form TM-A
  3. Advice on trademark classification
  4. Documented Follow-up
  5. Business hours Support
  6. Excludes the reply to Trademark Objections

2. Who Should Buy

  1. Private Limited Company
  2. Partnership Firm
  3. Any other entity such as a Society/Trust/Institute

3. Documents required to Register a Trademark

  1. Proof of Applicants
    • Pan Card and Address Proof of Applicant.
    • Certification of Registration (Other than an Individual applicant)
  2. Brand Name & Logo
    • The Logo must contain the Brand name applied to register of Trademark
  3. User Affidavit
    • If a specific user date is to be claimed, the user affidavit is also required to be submitted
  4. Proof of TM Use
    • To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
  5. MSME / Udyam / Start-up Recognition
    • Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
  6. Signed Form TM – 48
    • TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by Taxcomate professionals for the signature

 

Individual / Sole Proprietorship / MSME Registered Entities Fees :

Rs.  4500/- Statutory Fees per Class per Mark.

Rs.   300/- Stamp Duty for TM-48 (Power of Attorney).

Rs.   999/- Profession Service Fee.

Rs.  5799/- Total Statutory Fees per Class per Mark.

 

Non-MSME Registered Entities Fees:

Rs.  9000/- Statutory Fees per Class per Mark.

Rs.   300/- Stamp Duty for TM-48 (Power of Attorney).

Rs.   999/- Profession Service Fee.

Rs. 10299/- Total Statutory Fees per Class per Mark.

Click Here to apply to Udyam Certificate

* Respective statutory Fees will be extra on addon.

Lets see the process

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Task Completion

Trademark Registration (₹5799)*

₹5,799.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.