Trademark Registration Online - Process, Documents, Benefits, Cost
Trademark Sample Certificate
Trademark registration distinguishes your brand from competitors and help in identifying your product & services as source. Trademark could be a Name, Slogan, Logo or Number which a company uses on its business name, Product or services.
Registering a trademark could be a time taking process as brand registration could take minimum 6 months to 24 months of time depending upon the result of the Examination Report, that' why Professional Utilities provides Brand Name Search Report to get a fair idea about turnaround time for registration.
Once a Trademark application is processed with the government department, applicants can start using the TM symbol on their mark & ® when the registration certificate has been issued. The registration of the trademark is valid for ten years & can be renewed after ten years.
Types of Trademark Symbols
TM (™) : TM symbol signifies that the trademark or device mark has been applied with the concerned authorities and is yet to be registered.
R (?) : R symbol denotes that the applied trademark or device mark is registered from the concerned authority.
SM (?) : Service Mark symbol signifies that the service or device mark has been applied with the concerned authorities and is yet to be registered.
Trademark Registration Fees
The Trademark registration cost for individuals, sole proprietors, MSMEs,
and startups is only ?4500.
| Fee Type | Registration cost for Individual | Registration cost for Company |
| Trademark Government Fee | ? 4,500 per class | ? 9,000 per class |
| Trademark Professional Fee | ? 1,499 | ? 1,499 |
| Total Fees | ? 1,499 | ? 10,499 |
Types of trademark registration fees
Government fee:
Trademark registration involves various fee that differ based on factors such as jurisdiction, type of application, and others. Among the commonly incurred cost is the government fee. For instance, the government fee for online trademark applications by individuals or proprietorships amount to ?4,500/-. For companies, the fee for online application is ?9,000/-.
Attorney Fee or Professional fee
When seeking assistance for trademark registration, attorney cost may differ significantly based on various factors like application complexity, jurisdiction, attorney expertise and experience, and time commitment. It is advisable to seek an attorney's help during the registration process to ensure compliance with laws and regulations. For trademark application, attorney cost is typically around ?1,000/-.
Renewal cost
A trademark registration remains valid for 10 years starting from the application filing date. To continue using the trademark, it must be renewed every 10 years by paying the renewal fee. In India, the renewal fee for physical filing of the application is ?10,000/-, while it is ?9,000/- for e-filing. Failure to pay the renewal fee within the specified time can result in the trademark registration being removed from the trademark register. Thus, timely payment of the renewal fee is crucial for maintaining the validity of the trademark registration.
To effectively manage trademark registration fees, it is important to comprehend the varied fees associated with the process, which can differ based on factors like the jurisdiction, type of application, and others. Some key tips to manage these fees efficiently include conducting comprehensive searches, collaborating with a reliable attorney, considering the type of application, adhering to renewal deadlines, and avoiding unwarranted fees. Employing these strategies can help businesses safeguard their brand identity and deter competitors from infringing on their trademark.
Benefits of Trademark Registration
Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:
- Legal Protection: Trademark registration gives you a superior and legal hand over someone who tries to copy your trademark.
- Trust Building: Trademark helps you maintain and increase your brand value in the market. It builds trust between a consumer and the brand. Registering a trademark creates the face of the company or the goods and services.
- Trust Building: Trademark helps you maintain and increase your brand value in the market. It builds trust between a consumer and the brand. Registering a trademark creates the face of the company or the goods and services.
- Cost-Effective: Trademark Registration is very cost-efficient. Once you have registered your Trademark, you need not worry about it for at least 10 years until you renew your trademark registration again.
Trademark Registration Process
The step-by-step procedure of Trademark registration is as follows:
Step 1: Trademark Name Search
Trademark search or Trademark name search is one of the most critical factors determining the registration probability of a mark (brand). Although it helps individuals decide whether the brand name can be registered or not, merely having a unique brand name doesn’t guarantee a trademark registration.
It is always advisable to get a trademark availability report before application of the trademark, as applying a wrong trademark may lead to wastage of time, money and even lend you in litigation activities.
Note: Professional fee for trademark Name Search is not included in the filing process.
Step 2: Filing Trademark Application
- Once the brand name is decided and available for registration on the Trademark portal, the applicants can proceed with their TM application. The entire process is digital and can be done with the help of an attorney or using the DSC of the individual.
- A trademark application can be made as a device mark (logo) or word work (name of the brand), sound mark, three dimensions, goods' shape, and colours. Using a mark can be prior or proposed to be used, and selecting the appropriate option may speed up the registration process.
- If the company name and brand name are the same, it must be ensured that the trademark applicant is an organisation instead of an individual.
- MSME's and Companies registered under startup India recognition can avail the benefits of subsidie of "up to 50%" while filing for trademark application.
- MSME's and Companies registered under startup India recognition can avail the benefits of subsidie of "up to 50%" while filing for trademark application.
- If the applicant is an individual, it is advisable not to attach their PAN and Aadhaar as the trademark documents are available in the public domain and hence may have an adverse impact.
- Goods and description or taxonomy used for trademark application should be cross verified from trademark website as a wrong nomenclature may lead to rectification of trademark application by filing TM-M form.
Step 3: Trademark Examination
Once the trademark application has been submitted, the examiner will examine the accuracy of the application. In case of any discrepancy, the examiner may issue a trademark objection report within 60 days from the date of application.
- Around 75% of trademark applications are objected to due to a lack of understanding of deciding a brand name.
- If an objection is raised from the trademark department, a reply to the objection must be filed within 30 days from the date of issuance of the examination report. The registrar may abandon the application in case of a non-filing of trademark objection reply within the stipulated time.
- If the trademark objection response is not accepted, the application will be transferred to show cause hearing. Almost 80% of the trademark objection replies are transferred to show cause hearing, so it is always advisable to get a trademark objection reply drafted from an experienced attorney.
Trademark application gets published in Trademark Journal once it’s accepted unconditionally.
Step 4: Trademark Publication
The applications are published to Trade Mark Journal every 14th day. Anyone having an objection to the brand name can raise opposition to the trademark registrar within 4 months from the date of issuance of the examination report.
If there is no opposition to the trademark application, it is forwarded for registration.
Step 5: Trademark Registration Certificate
After completing 4 months of advertisement of the Trademark in the Trademark Journal, the registration certificate is issued digitally from the registrar of Trademark.
Step 6: Trademark Renewal
Every registered trademark has to be renewed after 10 years to ensure the protection of your brand identity.
The trademark registration process can be a cakewalk with an expert attorney. Professional Utilities can help you simplify the entire registration process without dwelling on the deadlines and responses.
Status of Trademark Application
After applying for the registration of the Trademark, it is always advised to check the status of the Trademark Application. There are different status of Trademark Application that might come across while tracking your trademark application through Trademark Status Checker. We will discuss some of the status of trademark application in detail over here:
Registered - If your trademark application shows ‘Registered’ then it means the trademark application is approved and the trademark is registered to the applicant.
Abandoned - The status ‘Abandoned’ means the applicant has failed to respond to the Registrar within the specified time and format.
Marked for exam - If status is ‘Marked for exam’ then it means the trademark application is submitted and reached the 3rd step of Procedure to the Registrar for Examination Report.
Objected - Trademark Application Status ‘Objected’ defines that the Registrar wants some clarification related to the trademark and Trademark Objection is being raised against it. An Examination report will be sent to you demanding a proper reply from your side. Failing to do so can result in Trademark Refusal also.
Refused - It states that the application for the trademark application has been refused on the basis of the applicant's response to the Registrar.
Opposed - The status ‘Opposed’ means that the trademark application is opposed by any third party after its publication in the Trademark Journal.
Online Trademark Registration with PU
The process of registering your trademark is complicated, and the expertise of an attorney is highly recommended. Our legal experts at Professional Utilities can simplify the whole registration process for you. Apply for trademark registration online with Professional Utilities:
- Fill our simple form and receive a callback from our team of legal experts
- Provide all the necessary details and documents for the trademark application
- We will provide you with a Trademark Search Report
- Post-approval, we will draft a power of attorney and Form TM-A
- You’ll have to provide signed power of attorney
- Approve the draft Form TM-A and make the payment
- We’ll apply for trademark registration with the concerned department
- You can start using ™ with your brand within 24 hours of application
Documents Required for Trademark Registration
For Trademark registration, the following documents are required:
- Logo or brand name
- Signed power of attorney
- Copy of GST and MSME certificate (optional)
- Registration certificate of the Entity (optional)
- Affidavit with supporting documents (only for prior usage)
For Proprietorship Firm
- Logo (if any)
- Aadhar card of Proprietor
- Signed Power of Attorney (for Appointment of Attorney to file Trademark)
- Signed User Affidavit (Only for Prior usage of marks)
For Private Limited, LLP & other small entities
- Logo (if any)
- Company Master Data of Entry
- Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
- Signed User Affidavit (Only for Prior usage for marks)
- MSME Registration certificate
- Board Resolution for Appointments of Authorised Signatory
For Society & Trust
- Logo (if any)
- Registration certificate
- Signed Power of Attorney (For Appointment of Attorney to apply on applicant's behalf)
- Signed User Affidavit (Only for Prior usage for marks)
For Joint Applicant
- Logo (if any)
- Copy of Aadhar Card of both the applicants
- Signed Power of Attorney (For Appointment of Attorney to apply on the applicant's behalf)
- Signed User Affidavit (Only for Prior usage for marks)
The Conclusion
A Trademark can be one of the most valuable assets of your business. Unfortunately, many brands ignore the Trademark registration process or avoid it completely because they see it as too complex or boring. The truth, however, is that the process is not complicated at all and has to be done in order to ensure you won’t run into issues later on down the road when you’re trying to protect your brand or sell it to another company.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.