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Trademark Registration Services

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What is a Trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used the mark in relation to goods or services for the purpose of indicating or to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without the identity of that person.

Our Prices for Trademark Registration in Delhi, India

Sl No. Services Professional charges
1 Trademark search Free
2 Trademark application 999
3 Affidavit of use 499
4 Reply to examination report 2500
5 Trademark hearing 3000
6 Notice of opposition 5000
7 Counter statement 5000
8 Evidence in Opposition 10000
9 Opposition Hearing 5000
10 Rectification/Cancellation 5000
11 Evidence in Cancellation 10000
12 Rectification Hearing 5000
13 Assignment deed 5000
14 Trademark renewal 999
15 Logo designing 2000

Your Trademark is Your Goal! Why Delaying in Getting One?

What is the function of a trademark?

Under modern business condition a trademark performs four functions:

  • It identifies the goods / or services and their origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.

How to select a good trademark?

If it is a word it should be easy to speak, spell, and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid the selection of a geographical name, common personal name, or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super etc.). It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.

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Difference between ‘TM’, ‘SM’, and ‘R’?

All of these symbols denote the stage of registration of a particular trademark. While the ‘TM’ symbol is usually found on marks that have been put in the course of being registered, the ‘SM’ is the service sector equivalent of the ‘TM’ mark. Although these symbols do not accord a proprietary right over the mark, yet, they still warn third parties from imitating the mark. On the other hand, the ‘R’ symbol signifies a registered trademark which offers a proprietary right over the mark to its owner.

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Trademark Registration New Delhi, India

Frequestly Asked Questions

The Indian Trademark Registry has classified trademarks in 45 classes that are based on the type of goods and services. By registering marks in a different class(es), the confusion about infringement of registered marks is likely to be curtailed to a great extent. Thus, while Classes 1 to 34 define different goods, classes 35 to 45 define different services.

  • For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51, etc. Fees: Rs.4000/
  • To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
  • For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
  • Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
  • Restoration of removed mark (Form TM-13) Fees: 5,000/-
  • Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
  • Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
  • Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

Any person who claims to be the proprietor of a mark may apply to the Office for registration of the mark. Alternatively, in the owner’s absence any other person authorized by the original owner may make an application for registration of the latter’s mark. The application, in any case, must contain the details of the trademark and the applicant/agent, its supposed goods/services along with the power of attorney.

Yes, a trademark can be removed on application to the Registrar based on the ground that the mark had been wrongly remaining on the register. Furthermore, the Registrar can also promulgate a Notice for removal of a registered mark, on his/her own accord.

The register of trademark in delhi is currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of the proprietor of an earlier mark or earlier rights, that fact.

What are the different types of trademarks that may be registered in India?

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use concerning particular goods or services.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • The shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

What can and cannot be trademarked?

Although the law of trademarks permits both goods as well as services to be safeguarded by a registered trademark, yet there are still a few things which cannot be trademarked in India such as:

  • Generic and/or Specific names: Names or surnames devoid of any distinctive character, including names used dishonestly or in bad faith. On similar lines, purely descriptive or generic names which merely denote the characteristics of a particular product are prevented from being registered as trademarks.
  • Immoral words: The TM Act prevents derogatory or immoral words from being registered as trademarks to uphold the moral fabric of the society at large.
  • Numbers: Since numbers by themselves do not have any distinctive character of their own, they cannot be trademarked in India.
  • Colors and Smell: The Indian Trademark Registry denies colors from being registered as trademarks. Furthermore, owing to the inherent difficulties associated with distinguishing between different smells, the same has also been denied trademark protection in India.

Why Trademark Registration is Necessary?

Unlike the rights associated with the owner of a copyright, which does not require any formal registration, the rights associated with a particular trademark arise only after the registration of the mark within the Indian Trademark Registry. These advantages of registering a trademark are numerous, for instance, the inclusion of a trademark fosters goodwill and trust in the minds of the consumers over a period of time. By excluding other businesses from using the same registered mark, it acts as an intangible asset that allows the owner to license, assign, or distribute the registered mark. Consumers also tend to associate certain products and services by their respective trademarks which in turn, are regarded as the symbol(s) which ensure a certain level of quality.

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages, and secure destruction of infringing goods and or labels.

The Government earns revenue as a fee for registration and protection of registration of trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same. The Purchaser and ultimately Consumers of goods and services get options to choose the best.

What is the Process of Trademark Registration in Delhi?

The process of trademark registration in Delhi is not easy as it looks. However, registrar of trademarks in Delhi are experienced and our trademark consultants in Delhi are having over 20+ years of experience in trademark filing online in Delhi. But the steps in detail are listed below.

  • The process of registration usually begins by selecting a trademark that is unique and has not been registered before under the same class of goods.
  • This is followed by applying for registering the trademark. The application can be formulated online as well as offline and while the former usually requires a Digital Signature Certificate, the latter is implemented by filing a written application to the Office of the Trademark Registry.
  • Upon receiving the application, the Registrar examines the mark for its uniqueness by searching the records of the Registry. The changes required in the mark (if any) are communicated to the applicant and he/she is then required to revert with the changes within three months.
  • After this, the government usually checks for any objection(s) on the proposed mark, in the absence of which, a letter of acceptance is issued to the applicant.
  • Once the application for registration is accepted, the mark is published in the trademark journal. In the absence of any objection after its publication, a registration certificate is issued within a span of six to ten months.
  • Once the mark has been registered, the same remains valid for a period of ten years subject to the same being re-registered within that period.

When an unknown printer took a galley of type and scrambled it to make a type specimen book.

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