A trademark is a visual symbol, which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services originating from a different business. A trademark is a protectable asset under Indian laws and regulations. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration with the Office of Controller General of Patents Designs and Trademarks. The process for trademark registration has various steps, and it is essential to hire an Expert for trademark filing to maximise chances of registration.
IndiaFilings has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands. We also offer a comprehensive suite of services for intellectual property registration and protection in India like trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an IndiaFilings Trademark Expert.
ELIGIBILITY & REQUIREMENTS
Any person or legal entity can file a trademark application in India. There is no requirement for the mark to be used before applying. Hence, a trademark application can be filed under the category of "Mark proposed to be used" if the inventor of the word or mark wants to protect it before advertising the brand.
There is also no requirement for the trademark applicant to be an Indian citizen or Indian business. Hence, any foreign national or foreign entity interested in securing a trademark registration in India can file a trademark application without any other requirements.
TRADEMARK REGISTRATION FUNDAMENTALS
Before beginning the process of filing a trademark application, the applicant needs to understand some basic concepts relating to trademark filing.
The World Intellectual Property Office or WIPO has organised all goods and services under 45 different classes. Hence, when a trademark application is submitted - it must fall under one or more class. For example, the trademark application for a bike called "FastSpring" would be filed under Class 12, which pertains to vehicles. If the mark is registered under Class 12, then no other person would be eligible to register an identical or similar mark under the same class. On the other hand, if an applicant makes a trademark application for "FastSpring" under a different class, if there are no conflicts - then the mark would be registered under the different class. In case an applicants product or service spans across classes, then multiple classes can be included in the trademark application at an additional cost.
For a trademark to be legally protected in India, it must be registered in India. Similarly, just because a mark is registered in India will not ensure that the trademark is protected in other countries across the world. If the trademark owner plans to take a brand international, then multiple trademark applications in the respective countries must be filed.
For Proprietor : 12,500 /- INR
For Partnership : 16,500 /- INR (MSME)