Trademark Registration & Filing
👉 It takes days to plan a business.
👉 It takes weeks to register a business.
👉 It takes months to establish a business.
👉 But it takes years to make your business a brand. A Trademark brand.
So apply your Trademark Today with Team Taxaj in few Simple Steps. Owning a Trademark will prevent your competitor and any party on unsolicited use of your brand name. A Trademark can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry.
File your Trademark registration application online through us. Get help with Trademark registration procedure, eligibility and documents required.
It usually takes 3 to 5 working days.
- Session with TAXAJ Expert
- Filing of Application for Registration
- Follow up till you secure Trademark Certificate
- Any Individual or Business willing to register their brand name.
- Purchase of Plan
- Expert Assigned
- Upload documents on vault
- Registration Form Submission on portal
- Filing of Documents with Department
- Identity proof of the trademark owner
- Aadhar Card
- Certificate of Incorporation ( In case of a Private Limited Company or an LLP)
- Udyog Aadhar Registration
- Logo if it is applicable and available
- Address proof
All About Trademark/Brand/Logo Registration Explained
Our Plans and Pricing
Among thousands of customizable plans and services for each tailor-made requirement, we sorted few that most people opt for. If you have any other requirements in mind just shoot at us.
Trademark Registration
(Individual)
Trademark Registration
(Individual)
For Individual Brand Owners
✔️Ideal for Individual, Proprietor
✔️Drafting of Form TM-A
✔️Advice on TM Classification
✔️Government Application Fees
✔️Business Hours Support
✔️Excludes Objection Response
Trademark Registration
(MSME)
Trademark Registration
(MSME)
For MSME Brand Owners
✔️Ideal for Medium & Small Enterprises
✔️MSME Registration Covered
✔️Drafting of Form TM-A
✔️Advice on TM Classification
✔️Government Application Fees
✔️Business Hours Support
✔️Excludes Objection Response
Trademark Registration (Non-MSME)
Trademark Registration (Non-MSME)
For Corporate Brand Owners
✔️Ideal for Non MSME Enterprises
✔️Drafting of Form TM-A
✔️Advice on TM Classification
✔️Government Application Fees
✔️Business Hours Support
✔️Excludes Objection Response
Own & Secure Your Brand Name Now before it gets Copied!
Eligibility for Trademark Registration
Trademark registrations are widely used to protect the brand or slogans or coined words that are unique. Trademark registrations in India can be obtained by individuals or businesses or by non-profit organizations. However, each of the different class of persons or entity that have different requirement while filing the trademark application. The following are eligible for obtaining trademark registration in India.
An Individual (Person)
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
Joint owners
In case two people are deciding to file a trademark application then the names of both the people must be mentioned on the application.
Proprietorship Firms
While filing a trademark application in India for a proprietorship firm then the full name of the applicant must be mentioned. The business name or the proprietorship is not acceptable.
Partnership firm
When filing a trademark application for the partnership firm the names of all the partners are should be mentioned in the application. If in case the partnership firm includes a minor in the partnership the name of the guardian who is representing the minor should be mentioned.
Limited Liability Partnership
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. An LLP is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.
Indian Company
When it comes to a Private Limited Company and the One person Company or a Public Limited Company making a trademark registration application then the application is to be made in the name of the company. As they are all independent incorporated entities they are applied cannot be made by the Director. Though it can be signed and submitted by the Director or any officer that is authorized by the officer.
Foreign Company
In case is a foreign incorporated entity is making a trademark application in India the application is to be made in the corporate name as it is registered under the foreign country. Here the nature of the registration, the country, and the law is to be mentioned.
Trustor Society
In case if a trademark application is made on the behalf of the trust or the society then the name of the managing trustee or the chairman or the secretary that is representing the trust or the society is to be mentioned.
Types of Trademark registration in India
Various types of trademarks can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark, collective mark, certification mark, shape mark, sound mark, and pattern Mark. Though there are many trademarks the purpose for them is the same that is to enable the consumers to identify the goods and the services that are manufactured by certain manufacturers or service providers. Let us take a look at the various types of trademark registrations in India.
Product Mark A product mark is used on a good or a product rather than a service. A product mark helps in recognizing the origin of the product and helps in maintaining the reputation of the business. Trademark applications that are filed under the trademark 1-34 could be termed as product marks as they represent goods.
Service Mark Service Mark is similar to a product mark but the service mark is used to represent a service rather than a product. The main purpose of the service mark is that it helps in distinguishing the proprietors from the owners of other similar services. The trademark applications are filed under the trademark class 35-45 that could be termed as a service mark as they are representing the services.
Collective Mark The collective mark informs the public about the certain distinguishing features of the products and the service that is used to represent a collective. A group of individuals can use this mark so that they are collectively protecting the goods and the services. The mark holder can be an association or it can be a public institution or also a Section 8 Company.
Certification Mark It is a sign that denotes the product's origin, material, quality, or other specific details which are issued by the proprietor. The main purpose of the certification is to bring the standard of the product and also guarantee the product to the customers by showing that the product has undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys, and electronics products.
Shape Mark The shape mark is exclusively used to protect the shape of the product so that the customers find it relatable with a certain manufacturer and prefer to buy the product. The shape of the product can be registered once it is recognized that the product has a noteworthy shape.
Pattern Mark The pattern marks are for those products that have a specified designed pattern that comes out as the distinguishing factor of the product. Patterns that fail to stand out as remarkable marks are rejected. For a pattern mark to be registered it should stand out as unique.
Sound Mark A sound mark is a sound that can be associated with a product or the service that is originating from a certain supplier. Sound logos are also called audio mnemonics and they appear to be at the beginning of the end of the commercial. The most popular sound mark in India is the tune for IPL.
Procedure for Trademark Registration
Benefits of getting Trademark registration
Why is it necessary to obtain a Trademark registration?
There are several reasons to get a trademark registration but most are necessary for all the companies and the willing entrepreneurs as it acts as an important asset for the company. There are many advantages of getting a trademark registration and utilizing the services. Here are some advantages.
Intellectual Property Protection
Trademark registration provides legal protection against the misuse or copy of the company's name or registered logo. The owner of the trademark receives ownership of the trademark which can be legally upheld in any court. Registering a trademark lets the owner of the trademark receive nationwide ownership of the mark which can be legally upheld in any court. A trademark registration grants an official notice that the trademark is already owned.
Powerful Deterrent
Trademark owner obtains the right to publicly advertise the brand as a registered trademark that alerts others and forestalls the defense of the innocent infringement. Once the trademark is registered the trademark will appear in the search reports that will discourage the other applicants from proceeding with the same or similar mark registration.
If you are the first one to register a Trademark then the National Trademark office in New Delhi will refuse the registration to any trademark which seems confusingly to any other such Trademark.
Legal Remedies
By getting a Trademark registration in India the owner of the trademark can recover up to triple damages from the infringer. The owner receives the presumption of being the valid owner of the mark. Registering a trademark gives the owner a right to sue anyone who is misusing the mark to sue in any court. An unregistered Trademark on the other hand is open to suits
Important things to know before getting a Trademark registration
Step 1
Choose your
brand name
Brand isn't made in days so you should give a deep thought in brand name and decide accordingly. People prefer using general term for easy recognition. But generic term is so common that you will face very difficulty while registering. For example, you will come across various store named AtoZ store, Laxmi Bhandar, Competent Builders or Star services, these are very common. Before naming your brand keep a note of following points:
Whether it is your name or logo, try to make it original and duplication free. Although for advertising purpose, you might like to go with a generic or a common name, it is not wise. You would also want to make it unique. Even a near resemblance to any existing brand in your work field is a hurdle for your application.
👉 Do not apply for trademarks that are similar to well known trademarks like Philips, Siemens, Godrej, Reliance, and Tata, etc.
👉 Ensure that descriptive marks are not used, namely marks that merely describe the goods or services, for example: ‘Rose and Petals’ for gardening, ‘Samosas’ for food business, ‘Big Bazar’ for grocery store, etc.
👉 Avoid using surnames like ‘Aggarwals’, ‘Shetty’s’, ‘Iyengar’ or ‘Adigas’.
👉 Make the trademark fanciful. It is always better to make up or invent new words or phrases for a trademark. It gives you the strongest chances of getting approval. For e.g. TAXAJ for TAX (+)Abhilesh Jha
👉 Use arbitrary marks. Wherein a product is trademarked with an ordinary name which is not directly associated with the product. For example, Shell for petroleum, Amazon for booksellers, and Amul for dairy products, etc.
Step 2
Choose your
TM Class
Now if your brand name is decided, you must be certainly aware of the products that your business make or services that your company provides. for the sake of convenience trademark is classified into 45 different classes i.e. 34 for goods & 11 for services. You can register your brand in any one class or many.
Choosing the wrong trademark class can be an absolute waste of your money. While choosing the trademark class, always be specific. There are some products which might be confusing, in that case take the advice of our Experts. So to know your trademark class scroll below:
Step 3
Pre Fill Search Trademark
Now, You know your Trademark Class list applicable and you have already shortlisted a brand name to be used the next important thing you must do is to conduct a pre- filing search. The importance of a pre-filing search is to ascertain the availability of the brand name as a trademark i.e. to identify if there is any other entity that has already adopted a trademark which may be identical or deceptively similar to the brand name that the entity wishes to adopt as its trademark
In this Pre-Filing search:
Wordmark: Put your brand name (For example Taxaj)
Class: put the numeric class which you chose from step 2.
Click on search,
If upon conducting a search no identical or similar trademark is revealed then the entity can proceed with filing the trademark application to register the brand name and commence marketing or promoting the products/services under the brand name. It is advisable to conduct a pre-ling search to ensure that the entity does not spend substantial money in promoting the brand just to be sued by another entity that had adopted a similar brand name in respect of same goods earlier in time.
Step 4
Choose your Product List
Here comes the most important part i.e. carefully choosing your product list from the list provided, making any silly mistake here like spelling mistake or writing half words or incomplete phrase can make your Application, MIS-F (reply to Formality check fail).
Now click on your trademark class list below & choose your Products carefully.
Copy the product along with the Harmonised codes written on the left hand side.
