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Trademark Registration


A trademark can be a name, word, symbol, sign or all four. A trademark ensures that the goods produced under that mark are not the same as the goods produced by others.

Trademark is an important factor of marketing; it is an important for product recognition. Trademarks are an important part of the branding process. A trade mark is much wider than the brand itself. A brand name can be a logo or symbol or even a word. A trade mark indicates the quality of the product to the customers. It can be a slogan, picture or even a symbol.

Trademark is divided into three categories
1) Service mark;
2) Collective Mark;
3) Certificate Mark.

  • Service mark: – these marks don’t cover the material goods but only the allocation of services. These can be a sign; symbol; name, word. The word that is usually used in trade to recognize and differentiate the services of one provider from its competitors.
  • Collective mark: – This indicates a mark which is used for goods and services and also for a group of organizations with similar characteristics. Generally used by a group of people, employees, group of organization and institutions to identify the main source of goods and services. It indicates that a good/ marketer/trader belongs to a specific group or to a specific organization.
  • Certificate mark: – This mark is a sort of confirmation of the matter by providing assurance that some act has been done or some judicial formality has been performed. It indicates some qualities of goods or services with which the mark is used, as per the provisions of the Trade Mark act 1999.

What are the Uses of Trademarks?

The trademark identifies a product with its owner or the brand, example “I’m loving it” & “big mac” are the trademark names and slogans that belong to McDonald’s. Any usage of the trademark without proper documentation and registration for trading purposes is known as trademark piracy. The trademark that is registered legally gives its owner a more legal right for protection than the owner of an unregistered trademark gets.

Payment Structure

The approximate cost of the entire registration process can be around 10,000. The costs may vary from 4,500 to 9,500. Incase startups and small enterprises the cost is up to 4,500 but in case of others it may go up to ten thousand.

Payment Structure

The approximate cost of the entire registration process can be around 10,000. The costs may vary from 4,500 to 9,500. Incase startups and small enterprises the cost is up to 4,500 but in case of others it may go up to ten thousand.

The entire process of trademark is segregated into the steps as followed:

  • The very first step of trademark registration is the search for a trademark. The more unique the trade mark the easier it is to attract the attention of the customers and it also avoids the search of the trademark. The main motive of trademark search is to prevent the trademark piracy or using the same trademark that is used by another. This is known as avoidance of trademark litigation.
  • The very next step is filing the application and signing then a receipt is generated. Then the examination of the trade mark takes place. This is done by the examiner; it can take up to eighteen months.
  • The mark can be accepted on one term that is conditionally. If accepted unconditionally, then it is published in the trade mark journal, if not then the condition needs to be fulfilled in order to get it approved. The conditions must be fulfilled as stated in the examination report within a month’s period.
  • Then comes the publication process, the trademark is published so that if there is anyone who is against the registration process can raise objection, and then there will be a fair hearing between the two parties. If there is no objection raised with the four months of publications then the registration process moves further.
  • Next step is registration and the generation of the certificate of registration approved by the trademark office under its seal. The last step is the renewal process which can be done every 10 years, in order to keep the trademark legally secured.

The registration of a trademark is quite crucial in marketing and in branding. One should always so through the proper process of registration in order to avoid trademark litigation or trade mark piracy.

Registration of trademarks is important for any brand or business; it helps in gaining the legal protection against any kind of trademark piracy. In India the registration process for trademarks is different for different kinds of businesses.

Documents Required for Trademark Registration for Sole Proprietorship

In case of a sole proprietorship there is no particular rule about the nationality of the one who registers for the trademark. There is no requirement of forming a legal entity and business entity in order to apply for the registration. The documents needed are as follows:

  • The copy of the logo, it can be either a colored or black and white. If there is no such symbol then the registration can be applied with a word
  • Address and identity proofs of the individual or the sole proprietorship.
  • The form-48 that is signed by the applicant of the trademark, authorizing the attorney to file the application on the behalf of the applicant himself.

Documents Required for Trademark Registration of Partnership or Limited Liability Partnership or a Company

  • When it comes to a partnership or limited liability partnership or a company, the following documents is needed:
  • The logo of the respective. If it is not there then a word may do.
  • The signed form 48 similar to the sole proprietorship.
  • The Udyog Aadhaar Certificate is needed when it comes to a startup.
  • The partnership deed and the incorporation certificate are needed.
  • Identify and address proof of the respective signatory.

If the applicant is neither of the two types as stated above, that is enterprises and startups that don’t have Udyog Aadhaar certificate can submit the same documents without the Udyog Aadhaar Certificate that is the logo of the enterprise or company, the form 48 signed by the applicant giving the authorization to the trademark attorney to file the application instead of them, the identity and address proof along with the incorporation certificate and the partnership deed.

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