Trademark in India

A Trademark in India (and in most of the world) is an intellectual property right on a mark which can be a name, symbol, figure, letter, word, logo, number, phrase, picture, packaging, slogan or any combination of these.

Trademark is defined in the Trademark Act, 1999 as, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”

Trademarks are adopted by a business to identify and distinguish their goods and services from others, and to imply their source of origin as being from that business.

Click here to find out: How much does it cost to get a trademark registration in India?

The origin of ‘trademarks’ dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademarks.

The trademark system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

For businesses operating in a competitive marketplace, it is important to distinguish its brands, create a goodwill, make the consumer easy to remember and recall the product used. This ultimately leads to improved sales.

A registered trademark can provide that extra edge in the marketplace, protecting the brand and setting it apart from competitors.

In a larger sense, trademarks promote initiative and enterprise by rewarding the owners of trademarks with recognition and financial profit.

Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, from using similar signs to market inferior or different products or services. This enables people with skill and enterprise to safely produce and market their goods and services without a possibility of someone stealing their goodwill.

Under the Indian Trademark Laws it is essential to file a trademark application for registration in proper classes using acceptable description of goods/services to obtain a smooth and prompt registration.

Attorney fee for trademark in India

Fee payable to the Trademark Office for ONE trademark in ONE class

Applicant Type	Indian Rupees
Individual/Start Up Firm	4500
Large Firm/Foreign Firm	9000

Requirements for filing a trademark application in India:

• The name, address and nationality of the applicants.
• A list of goods and/or services for which registration is required.
• A clear representation of the trademark to be registered.
• If the mark contains or consists of non-English words, a translation of those words into English is required.
• All details of the priority application if priority is to be claimed from an earlier filed trademark in a foreign country.
• Date of first use of the trademark in India, along with an affidavit and evidence of such use.
• Power of attorney form signed by the applicants.

Advantages of Trademark Registration in India

• It allows you to exclusive use to the trade-mark across all of India;
• It can be the basis for filing a trade-mark in another Convention country;
• It can be a ground of opposition against a third party in opposition proceedings before the Trade-marks Office and used to prevent a third-party trade-mark application from proceeding to registration;
• You can initiate a trade-mark infringement action in India;
• You can alert others of your rights in the context of trade-mark availability searches, as all trade-mark applications and registrations are entered in the Trade-mark Registry;
• It forms basis for determining rights in a licensing regime; and
• the basis for valuation of trade-marks.

It is the first step of establishing your own brand.

Registering a distinctive trademark helps to distinguish your goods and services from others in the market. It also works as a deterrent to others who would want to pass-off their goods as yours.

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

You may directly call on +91.8806488640 or write mail to mail@getrademark.com or fill in the contact form given below:

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