Documents and Fees required for a Trademark Registration in India
Trademark Registration and Required Documents
Getting a Trademark registration in India is a far simpler system in comparison to other intellectual properties.
Trademarks identify products that belong to a specific enterprise, and inside the method, recognize the organisation as the proprietor of the product. Trademarks commonly are insignia, words or symbols that constitute a product and differentiates it from other merchandise of its kind. Registering trademarks helps to guard the goodwill built below the emblem or emblem name.
Any person claiming to be the owner of a hallmark, used or proposed to be utilized by him, may document an software for the registration of a Trademark. Generally, the individual who makes use of or controls using the trademark, and controls the character and first-rate of the products to which it is affixed, or the services for which it’s far used, is the proprietor of the trademark.
In India, protecting trademarks beneath the Trademarks Act of 1999 is a must. Submit a few documents even as registering a trademark.
Here is a listing of all the documents required for trademark registration.
Capabilities of a trademark are:
- It identifies the product or service and its source
- It ensures its exceptional
- helps in Advertisement of service or product
Different kinds of trademark:
- A name (including private or surname of the applicant or predecessor in enterprise or the signature of the person)
- A coined phrase or an invented phrase or any arbitrary dictionary word or words, no longer being without delay descriptive of the character or excellent of the goods / service
- alphanumeric or Letters or numerals or any mixture thereof.
- Image, symbol, monograms, three dimensional shapes, letters etc.
- Sound marks in audio format
First and foremost, a duly crammed application form wishes to be submitted. Applicants want to ensure that the shape is crammed, specially all the mandatory sections so that the evaluator considers the applied trademark.
Identity, address and nationality proof documents
Please do understand of identity documents. Submit identity, address and nationality proof certificate together with the application form. In case of trademark registration for a agency, furnish documents helping the country wherein the enterprise is registered, citing the entire registered cope with. Similarly, if it’s miles for registering a hallmark for a partnership concern, provide the ID, address and nationality proof files of all the partners.
Goods and services for registration
One of the maximum vital documents required for trademark submitting is the one containing the list of all the goods and services for trademark registration. In case of unique offerings or proceeding to sell some precise goods, document emblems for the same.
Trademark entity files and smooth replica of the trademark
In many cases, those who personal the logo can file for an indicator underneath their call. For instance, fashion designers may have their call trademarked as a emblem. Such files are known as trademark entity files. Whether you’re an individual, a small company or maybe a start-up, you may get an indicator registered under your chosen brand call.
Along with the entity record, you have to also provide a smooth replica of the trademark you want to be registered.
Details of programs filed in different countries
In case of an indicator application in another country, publish that application report together with the files required for trademark registration in India. Additionally, provide a certified priority report or a duly notarized copy of the same with the Trademarks Office in original within two months of submitting the trademark application. In case this certificates is in another language, submit it after translating it into English.
Documents supporting using the trademark
Another report required for trademark registration is the use record i.e. A report that helps the first use of the trademark in India. This is relevant in case you’ve used the logo, merchandise or offerings, earlier than registering the trademark formally. In this type of situation, you want to offer an affidavit attesting to such use in addition to the supporting files.
Legal system for agents
In case of procuring the services of an agent for the trademark registration method, enlist the agent as electricity of attorney. Submit a document mentioning the said individual as strength of Trademark attorney.
As consistent with the intellectual property rights guidelines in India, there’s no mandate that you have to check in a trademark. Even if the applicant decides against registering a trademark, the proper to file a legal case against an character or business enterprise trying to use your brand name with out permission is allowed for applicants. But on the grounds that the procedure of trademark registrations is quite simple compared to other intellectual property rights that want registration like patent registration, Industrial designs, Copyright registration and geographical indications, it is best to get the trademark registered by way of filing the required files for trademark registration.
The trademark utility can be filed both claiming utilization from a date prior to the date of submitting of software or on Proposed to be Used basis.
In case the Applicant needs to document an software claiming utilization of the trademark registration in India prior to the date of filing of application, then an affidavit, along with supporting files attesting such use will also ought to be filed. The affidavit wishes to be signed by means of the authorized signatory and notarized through a Notary Public.
In case the Applicant wants to record an application on a Proposed to be Used basis, then an affidavit substantiating use, isn’t always required.
Government charges is Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it might be 9,000/- in all other cases) and trademark lawyer professional costs is Rs. 3500/- in step with application according to class. The Trademarks office will first take a look at your trademark application to look if it’s already been taken.
Once the Trademark is conventional and published in the Official journal, it’s miles open for opposition for four months by the third party. In case it’s far opposed, we will ought to undergo the separate procedure for which there would be additional expenses relying on the records of the cases.
|Official Fees (INR)||
Professional (INR) fees
(Charges are for per class in keeping with trademark application)
|4,500/- in case of Individual/ Small Enterprise||
|8000/- in case of Individual/ Startup/ Small Enterprise|
|9,000/- in all different cases||12,500/- in all other cases|
|In case of any Trademark objection from the Trademark Registry a reply to the Trademark Registry –||–||
4,000/- per reply
4,000/- per reply
|In case of a hearing to triumph over the objection –||–||
5,000/- per hearing
5,000/- per hearing
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