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
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.
In case two people are deciding to file a trademark application then the names of both the people must be mentioned on the application.
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.
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.
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.
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.
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.
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.
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
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.
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:
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.
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.
Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use in industry; Putties and other paste fillers; Compost, manures, fertilisers; Biological preparations for use in industry and science
Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art
Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations
Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting
Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes
Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines
Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus
Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; Therapeutic and assistive devices adapted for persons with disabilities; Massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes
Vehicles; Apparatus for locomotion by land, air or water
Firearms; Ammunition and projectiles; Explosives; Fireworks
Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments
Musical instruments; Music stands and stands for musical instruments; Conductors' batons
Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers' type, printing blocks
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes and hoses, not of metal
Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals
Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar and bitumen; Transportable buildings, not of metal; Monuments, not of metal
Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber
Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi-worked glass, except building glass; Glassware, porcelain and earthenware
Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor
Yarns and threads, for textile use
Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic
Clothing, footwear, headwear
Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile
Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees
Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yogurt and other milk products; Oils and fats for food
Coffee, tea, cocoa and artificial coffee; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water]
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt
Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other non-alcoholic preparations for making beverages
Alcoholic beverages, except beers; Alcoholic preparations for making beverages
Tobacco and tobacco substitutes; Cigarettes and cigars; Electronic cigarettes and oral vaporizers for smokers; Smokers' articles; Matches
Advertising; Business management; Business administration; Office functions
Insurance; Financial affairs; Monetary affairs; Real estate affairs
Construction services; Installation and repair services; Mining extraction, oil and gas drilling
Transport; Packaging and storage of goods; Travel arrangement
Treatment of materials; Recycling of waste and trash; Air purification and treatment of water; Printing services; Food and drink preservation
Education; Providing of training; Entertainment; Sporting and cultural activities
Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software
Services for providing food and drink; Temporary accommodation
Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, aquaculture, horticulture and forestry services
Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals