Set up a sole Trademark Registration

  • Trademark search and application filing under one class.
  • Our senior IP lawyer conducts thorough trademark searches before ™ application.

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Trademark Registration

Register Trademark Registration Firm Online through Compliance Gurukul

You can easily complete Trademark Registration firm registration online through Compliance Gurukul. For a sole Trademark Registration registration, only the PAN & Aadhaar card of the business owner is required. We can help you obtain the following registrations in less than 15 days:

  • GST Registration
  • Zero-Balance Business Current Account with Compliance Gurukul Software

Once, you have registered for the Trademark Registration firm registration online on Compliance Gurukul, please follow the steps below and upload the following documents by logging into Compliance Gurukul Software.

  • Step 1: Login to LEDGERS using the email address for payment.
  • Step 2: Go to Services Tab & Select Trademark Registration Engagement
  • Step 3: Upload your PAN & Aadhar Card Copy
  • Step 4: An Compliance Gurukul Registration Expert will file the registration application with GST Department and Bank for Current Account.
  • Step 5: Access to Compliance Gurukul Software is for GST invoicing, GST filing and other services.

Trademark Registration in India - Overview

Trademark registration in India protects your brand identity, including names, logos, symbols, and designs, by giving you exclusive legal rights to prevent unauthorized use or copying. It ensures your business remains distinct and recognizable while providing long-term legal protection for your intellectual property.

After submission, the Indian Trademark Office examines your application. If approved, the trademark is published in the Trademark Journal for public review. If no objections are raised during the specified period, you receive a registration certificate, officially securing your trademark.

Your registered trademark is protected for ten years and can be easily renewed. During the application process, you can use the TM symbol, and after registration, you can display the ® symbol, highlighting your legal ownership.

For businesses needing global protection, trademark registration online can be extended internationally under the Madrid Protocol, which streamlines the process for multiple countries. Vakilsearch simplifies international trademark registration, ensuring seamless protection across borders.

Additionally, we manage power of attorney requirements and offer complementary services, such as tax filing for your business or LLP, to support your entrepreneurial journey.

What is a Trademark?

Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.

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Advantages of Trademark Licensing

Trademark licensing offers several advantages for both the trademark owner (licensor) and the licensee. Here are the key benefits:

Financial Gain

The licensor earns royalties while the licensee profits from the brand’s established reputation. This creates a win-win situation where both parties benefit financially.

Growth of the Trademark Owner's Business

The trademark owner can expand their business into new markets by utilizing the licensee's distribution channels and expertise. This helps in reaching more customers without significant investment.

Expanding Brand Recognition

Licensing increases the brand's visibility and recognition, especially in regions where it was previously unknown. This helps build a stronger brand presence in new markets.

Growth in Trademark Popularity

As more consumers become familiar with the trademark through licensing, its popularity and market reach increase. This can lead to higher sales and brand loyalty.

Eligibility Criteria for Trademark Registration

Trademark registration is essential to protect your brand identity. To register a trademark, the following eligibility criteria must be met:

    1. Who Can Apply?

  • Individuals: Anyone, including an individual not running a business, can apply.
  • Proprietorship Firms: Proprietors can register trademarks in their name or the business name.
  • Partnership Firms: All partners must be included as applicants.
  • Companies: Private limited, public limited, or LLPs are eligible to apply.
  • Non-profit Organizations: Societies or trusts can register a trademark to protect their name or logo.
  • 2. Unique and Distinctive Mark

  • The mark should be unique and not identical or similar to existing trademarks.
  • It must distinguish your goods or services from others in the market.
  • 3. Representation of Goods/Services

  • The trademark should clearly represent the goods or services it covers, classified under the 45 classes of the Nice Classification.
  • 4. Non-Conflict with Prohibited Marks

  • The mark should not contain offensive, obscene, or prohibited words or symbols.
  • It should not be deceptive or misleading in any way.
  • 5. Usage in Trade

  • The mark must either already be in use in trade or intended to be used in the future.
  • 6. Legal Requirements

  • The mark must comply with the provisions of the Trademarks Act, 1999.
  • 7. Proof of Ownership

  • The applicant must provide proof of ownership or authorization for the trademark they are registering.

Documents Required for Trademark Registration in India

To apply for trademark registration online in India, you need to submit specific documents. Here’s a list to help you get started:

    1. Applicant’s Details

  • Name, address, and nationality of the applicant (individual or business).
  • For businesses, the incorporation certificate or proof of registration.
  • 2. Trademark Details

  • A clear image or representation of the trademark (logo, word, or design) for logo trademark registration.
  • A detailed description of the goods or services the trademark will represent.
  • 3. Proof of Trademark Usage

  • If the trademark is already in use, submit documents like invoices, advertisements, or brochures showing its usage date.
  • If it’s a new trademark, an intent-to-use statement may be required.
  • 4. Power of Attorney (Form TM-48)

  • This authorizes your trademark attorney or agent to file the application on your behalf.
  • 5. Business Documents (if applicable)

  • Partnership firms: Include the names of all partners.
  • Companies: Submit the certificate of incorporation and board resolution authorizing the trademark application.

Timelines

A sole Trademark Registration firm registration can normally be done in India through Compliance Gurukul in max 2 weeks. However, the timelines for registration will vary from case to case, depending on the government and bank processing timelines.

FAQs on Trademark Registration Online

A trademark is a unique symbol, word, phrase, or design that identifies and distinguishes the origin of goods or services from others. It is a valuable asset, protecting brand identity and allowing consumers to consistently recognise and trust a company's products.

Individuals, businesses, non-profits, foreign nationals, and legal heirs can apply for trademark registration online if they meet eligibility requirements. The applicant must use or intend to use the mark in commerce and ensure it is unique. Brand name registration also applies as long as legal criteria are met for trademark protection, regardless of nationality.

Trademark registration in India protects the trademark and provides the advantage of protection under the trademark. TM or Brand Name Registration ensures the customers that the business's goods or services are distinctive in the market.

You can choose the correct trademark class for trademark registration online by identifying the goods or services your business offers. The NICE Classification system has 45 classes—34 for goods and 11 for services.

The trademark filing process starts with trademark search, application submission, trademark examination, publication in the Trademark Journal, opposition period for objections, and official registration. For logo trademark registration, you need to submit a clear representation of your logo along with the application. Post-registration, it must be renewed every 10 years. Brand Registration further strengthens your legal claim and prevents misuse.

The Vienna codification is an international process that is used in TM registration. It's a way to categorise and codify the visual elements of a trademark for accurate identification and comparison with other registered marks. It is governed by the World Intellectual Property Organization (WIPO). It covers ™ symbols/logos/designs under 29 Categories with several sub-categories.

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