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These 12 Questions and Answers are packed with ideas for your trademark and business.

What is trademark in a business?

A brand name, word, symbol, image, label, logo, device, artwork, graphical design, proprietary name...

Why is trademark registration important for any business?

Trademark is an effective marketing tool to help grow a business, thereby, trademarks must be protected...

Who can apply for trademark registration?

The owner of a trademark (brand owner) can apply for registration. Individual, Proprietor, Joint applicants...

What are the basic details required to file a trademark application for registration?

Trademark word or Trademark label (logo) copy. Name of Applicant, Address & few details...

What are the facts one should know about trademark registration procedure?

Trademark registration is the legal procedure to acquire lawful rights of trademark ownership...

What is trademark classification (trademark class)?

India follows the system of 'International Classification of Goods and Services', also known as 'Nice Classification'...

Who will prepare reply to objections, if the trademark application faces any objections at the time of Examination under trademark law?

Specialized attorney firm 'IPR Law Associates' will prepare the reply to objections and file the reply...

Who will attend Show Cause hearing, if my trademark application receives a hearing notice?

Specialized attorney authorised by 'IPR Law Associates' shall attend Show Cause hearing as needed...

How long does it take to get a trademark processed?

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What are the factors affecting the time duration for trademark registration?

Application should be prepared carefully to get the 'Formality Check'(1st stage in the procedure)...

How is the trademark registration procedure flow?

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What do we offer for trademarks at this portal?

Efficient law services required for trademark registration procedure and best technology solutions...

What is trademark in a business?

A brand name, word, symbol, image, label, logo, device, artwork, graphical design, proprietary name, punch-line, …any such mark used in a business to identify the specific product or service is considered as a trademark of that business.

Coco - Cola

*Trademarks shown here are owned by their respective owners.

Why is trademark registration important for any business?

  • Trademark is an effective marketing tool to help grow a business, thereby, trademarks must be protected.
  • Trademark communicates directly to your customers and creates confidence, loyalty and identity of your product. 
  • In the market place it also acquires new customers for a business. Trademark means business.
  • If the original owner doesn’t register own trademark, another person can process the application for registration. Such conflicting brands in market can damage a business, so a trademark to be registered.
  • Acquiring a trademark registration protects your brand legally and empowers it with legal remedies to prevent anyone using same or similar trademark against your business.
  • Trademark registration converts a brand as an asset with exclusive ownership rights.
  • Once your trademark is registered, you can use the symbol ® besides your trademark that brings strong brand identity, boosts business reputation and gains prestige. 
  • Registration of trademark gives you an opportunity to sell the ownership rights or license them for commercial benefits.
  • When a business expands into a foreign country, the registration of trademark in the origin country adds privilege to get registered in that country.
  • Trademark registration is an essential step in every business growth strategy.

Who can apply for trademark registration?

The owner of a trademark (brand owner) can apply for registration. Individual, Proprietor, Joint applicants, Partnership Firm, Private Limited Company, Limited Company, One-Person Company, Foreign Company, LLP, Trust, Society, Association, HUF or any legal entity who owns a trademark can file application for registration.

  • Individual or person: Any single person 
  • Proprietor:  Proprietor is an individual owner of a business.   Find out more 
  • Joint Applicants: Joint applicants are more than one person or company applying together to register a trademark. This is practiced where the mark is used in a business in which two or more parties are actively involved.  Find out more  
  • Partnership Firm: A partnership is an association of two or more persons as co-owners of a business in which the profits and losses are shared. Partnership can be registered under the Registrar of Firms or can be maintained as not registered.  Find out more  
  • Private Limited. Company: A private limited company is a corporate business entity with private ownership. ‘The Companies Act 2013’ regulates commencement and operations of a company. The Board of Directors of a Pvt. Ltd. company will have a minimum 2 individuals as directors and they will be the shareholders of the company too. A Pvt. Ltd. company can have maximum 15 directors on it’s board.A company can pass a special resolution under section 149 of Companies Act 2013 and appoint more directors, provided that such company shall have at least one woman director.  Find out more  
  • Limited. Company: A limited company is a company incorporated under the Companies Act 2013 (or one of the predecessor Acts) with liability limited by shares held by each subscriber. A Ltd company will have minimum 3 directors in the board and maximum 15 directors. A company can pass a special resolution under section 149 of Companies Act 2013 and appoint more directors, provided that such company shall have at least one woman director.  Find out more  
  • One-Person Company: A one-person company or OPC is a private company similar to a private limited company, having only one director at all times.  Find out more  
  • LLP: Limited Liability Partnership or LLP is a legal commercial entity introduced in India by the legislation of Limited Liability Partnership Act, 2008. Like a company, LLP is a separate legal entity, hence the partners and the LLP are distinct from each other. This is like a company where directors are different from the company. For taxation purpose, an LLP is treated like a partnership firm.  Find out more  
  • Trust: Trust is a confidence-based or trust-based legal entity registered and governed under the Indian Trust Act 1882. One party, known as ‘Author of the trust’, gives another party, ‘Trustee’, the right to hold to properties or assets for the benefit of a third party, ‘Beneficiary’. Trusts are established to provide legal protection for the Author’s assets, and to make sure those assets and it’s benefits are protected and distributed according to the wish of the Author.  Find out more  
  • Society: Society is a group of persons united together  by mutual consent, in order to deliberated, determine and operate jointly for some common purpose. Societies are registered in a State of India, governed by the respective law of the State in accordance with the Societies Registration Act, 1860 being the central legislation.  Find out more  
  • Association: Association is a group of people organized for a joint purpose formed under The Societies Registration Act, 1860.  Find out more  
  • HUF: HUF stands for Hindu Undevided Family, defined under the Income-tax Act, 1961. HUF is treated as an entity separate from its members. HUF is bonafide by law through right by birth to an individual who is covered by Hindu personal law that is Hindu, Jain, Sikh or Buddhist can create an HUF account for the benefit of tax planning.  Find out more  
  • Foreign company: A non-domestic company is a Foreign Company. Company which is incorporated outside India, but has a place of business or conducts any business activity in India is termed as a ‘Foreign Company’.  Find out more  
  • Public Sector Undertaking(PSU): Public Sector Undertaking(PSU) is a commercial Government company. A Govt. company is a company in which 51% or more  of the paid-up share capital is owned by the Central Government or State Government or Governments combinedly. Public Sector Undertakings (PSUs) can be Public Sector Enterprise(PSE), Central Public Sector Enterprise(CPSE) or Public Sector Bank(PSB).  Find out more  

What are the basic details required to file a trademark application for registration?

  • Trademark word or Trademark label (logo) copy
  • Name of Applicant, Address & few details
  • Goods or Services which the trademark represents
  • Date of first use of the trademark in India
  • Power of attorney signed by the applicant for Attorney to attend the application

What are the facts one should know about trademark registration procedure?

  • Trademark registration is the legal procedure to acquire lawful rights of trademark ownership. 
  • The discretionary power of trademark registration procedure is with the Authority of the Trademarks Registry under Government of India.
  • Filing of a trademark application for registration is only the 1st step in the procedure.
  • Every trademark application is set to undergo standard procedure steps by the Trademarks Registry before acquiring the registration certificate. 
  • The registration certificate can only be acquired after the application has gone through the standard procedure, set up by the Trademarks Registry. This procedure includes Formality check, Examination & Objections, Reply to Objections, Show cause hearing, Trademarks Journal advertisement and Registration certificate release.
  • Once an application for registration is filed, the standard procedure steps to be followed are Formality check, Examination & Objections, Reply to Objections, Show cause hearing, Trademarks Journal advertisement and Registration certificate release. At the stage of Journal advertisement of the mark, third party can oppose the registration. Statistically such oppositions arise for a small percentage of total applications processed.

What is trademark classification (trademark class)?

India follows the system of ‘International Classification of Goods and Services’, also known as ‘Nice Classification’ for the purpose of registering trademarks. The Nice Classification is originated from a Nice Agreement among the participated counties on 15th June 1957 conducted in a place called ‘Nice’ in France. The counties who became party to the agreement had constituted a Special Union and adopted common classification of goods and services for the purpose of registration of trademarks in the respective country. 

A county chooses the accession to the Nice Agreement in adherence to the terms. Counties party to the Nice Agreement is represented in the Committee of Experts set up by the Agreement. The Committee organizes it’s session every year and decides on any changes to be incorporated in the Nice Classification. New editions and versions of Classification are published in every five years and every year respectively. 

The Goods and Services sold in different businesses are classified into 45 Classes. Any Goods sold are classified in one of the Classes from 1 to 34. A Service sold is classified in one of the Classes from 35 to 45. We will help you finalize the trademark class required for the application. Once you clearly list your goods/ products and services you offer under the trademark, we shall suggest the class/ classes you need to apply. 

What is trademark classification (trademark class)?

Specialized attorney firm ‘IPR Law Associates’ will prepare the reply to objections and file the reply once the authority is given by the applicant.

Who will attend Show Cause hearing, if my trademark application receives a hearing notice?

Specialized attorney authorised by ‘IPR Law Associates’ shall attend Show Cause hearing as needed for trademark registration upon the power of attorney issued by the applicant.

How long does it take to get a trademark processed?

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What are the factors affecting the time duration for trademark registration?

  • Application should be prepared carefully to get the ‘Formality Check'(1st stage in the procedure) passed within 2 weeks of application filing.
  • If the trademark word you file is truly unique, distinctive and invented, your application for registration can get through faster to receive registration certificates in 6 to 8 months. Factually only a small percentage of trademarks filed get qualified within 6 to 8 months.
  • If your trademark receives objections at the Examination level (2nd stage in the procedure), Reply to objections should be prepared and filed. This procedure step will consume further 2 to 3 months approximately. 
  • Once the reply to objections is assessed by the statutory authority, the trademark may get cleared to get advertised in the Trademark Journal. Or the trademark can be scheduled for Show Cause Hearing (3rd stage in the procedure). If the mark gets into Show cause hearing stage it may take roughly another 4 to 5 months.
  • Through show cause hearing the trademark can get accepted to get advertised in the Trademark Journal (4th stage in the procedure). Once the trademark is published in the Journal, there are 4 months of mandatory period by law for anyone to submit opposition against grant of registration. If a mark gets third party opposition, it undergoes a diverged process of counter opposition, evidence submission, hearing and order. Positively a very small percentage of applications only receive such external opposition.
  • Once there is no opposition on record within 4 months of advertising in the Trademark Journal, the trademark gets registered. Registration certificate is issued (5th stage in the procedure). The procedure of getting the Registration certificate can approximately take further 4 months of time. 
  • Periods mentioned are approximate as the procedure compliance, clearance and connected periods singularly depend on specific case.

How is the trademark registration procedure flow?

What do we offer for trademarks at this portal?

  • Efficient law services required for trademark registration procedure and best technology solutions for trademark management.
  • Specialized attorney firm ‘IPR Law Associates’ takes care of all procedure steps for trademark registration.
  • Technology based Process Management System systematically conducts the trademark application process.
  • This portal gives timely updates on every trademark application processed here for registration.
  • Trademark Online Management (TROM) is the special convenience offered here. Watch a video as how technology is used in TROM to deliver solutions for trademark registration and management.

Start-to-end solutions for trademark registration and trademark online management are offered at this portal.