Trademark Registration

About This Plan

Trademarks are unique identities that can be registered with the regulatory authorities in order to legally protect a product, service, or a business name from not only illegal impersonators, counterfeits, copies, etc but also from solicitation of unwarranted ownership that is often showcased by third parties on purpose to either willingly encash or to spoil a reputation built by the actual owner of a brand.

Unique identities and expressions can be logos, photographs, slogans, words, color combinations, graphics, etc.

SSI recommends that if you have a unique product name, brand, or logo then the only legal recourse to protect your exclusive ownership rights is to register it as a trademark.

A registered trademark becomes the intellectual property of your business and its registration certificate acts as a protective cover.

In India, trademarks are registered and regulated by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. You can register your trademark under the provisions of The Trademark Act, 1999.

A registration certificate once obtained is valid till 10 years from the date of registration and provides the owner a right to sue the entities who try and copy a registered trademark.

A ™ can be obtained within 3 days. However, to get a ® symbol, it may take up to 2 years from the date of application.

In case a Trademark registration is nearing its expiry date, the owner can apply for the renewal for an incremental period of 10 years by submitting an application with requisite forms.

SSI offers comprehensive solutions to get Trademark Registrations and transfers done in India, Nepal & Lebanon in a professional, fast, and diligent manner.

With the assurance of covering all the compliances and statutory requirements, our aim is to provide you a hassle-free one-stop solution for all your Trademark related needs.

How It's Done

Trademark analysis, search, and survey

SSI conducts a detailed search of the proposed Trademark, logo, brand name to ensure that it is not registered or applied by any other entity yet. As a trademark can be only be registered if it is found to be unique; it is incredibly important that the preliminary analysis done for each product, service, or brand name is thorough.

In case your logo or brand name is already registered or have been applied by some other entity, our team helps you find a suitable alternative so that you can modify your application and proceed accordingly.

Class Selection

Before making an application, the applicant needs to assess and identify the right Class(es) under which the product/ brand/ business name has to be registered.

A highly experienced & competent team at SSI helps all its clients in the identification, planning & selection of the right class for registration.

Categorically there are 45 classes in which all the goods and services have been segregated by the Trademark Registry and every logo/ brand/ business name has to be registered under an appropriate class.

Processing the Application

Once an assurance has been developed that the brand name or logo in consideration is unique and can be registered; SSI, as per the regulatory norms of the Trademark registrar, then proceeds by preparing the Notarized Power of Attorney that gives it the right to make a trademark registration on a client’s behalf.

After receiving consent and signatures of all the authorized signatories of an applicant entity, SSI then starts with the preparation of application documents and files it before the registrar.

Our assistance and service continue till you get the right to use the ™ symbol.

Information Guide

Documents required for a Trademark Application:

Applicant’s name
Nature of Product
Brand/ Logo name
Image of the Mark
A brief description of business activities concerning the Trademark
Address of the entity seeking registration of the trademark
Proofs to support current/ proposed usage of such Trademark

FAQs

How much is the government filing fees for a Trademark?

The official Government fees charged by the Indian trademark registrar is INR. 4500 (Individuals, Startups, and Small and Medium Enterprises – SMEs) and Rs. 9000 (for others) per mark per class

How can one register their trademark across the world?

A trademark registered in India can then be further applied for international registration via the WIPO Madrid system.

Example: If there is a trademark application for the mark "Imaginary" in India which has already been registered or has been applied for, can be further registered with the International Bureau (IB) having the same details as per the application made n India.

You can then choose out of the 123 countries covered by the Madrid System's 107 members that are a party to the Madrid Protocol where you would prefer to register a trademark.

All the offices that have been selected will receive the same details and the trademark "Imaginary" will be treated as if it was filed in that particular country directly.

How is a copyright and a patent different from Trademark?

Trademarks and copyrights are both intellectual property but are registered for different categories of products altogether.

Copyright applies to literary and audio-visual (music, photographs, movies) works. It is an exclusive right granted to a creator or an author of a book, script, software, music, photograph, or movie. The holder of a copyright has the right to stop the publication of any work that shares similarities with his/her work.
Registration is not mandatory by statutory regulations; However, copyright infringement has become very common these days, and you need a valid registration to take the matter to court in case of a dispute.

A patent is a right granted for a product or process to an individual or enterprise. A registered patent grants its owner the ability to restrict others from making, using, selling, or importing the patented product or process without prior approval.
In exchange for this right, the applicant must fully disclose the invention.
A patent is valid for 20 years, after which it falls into the public domain.

On what grounds are most Trademark applications rejected?

If the trademark applied is similar to an existing Trademark or a pending application or would hurt religious sentiments, contains geographical names or common words; It would be rejected as it is likely to cause confusion or duplicity respectively.
For example, you can't register the word 'Water' for a packaged water bottle brand but may do so for a brand of appliances.

Can we save on Government Fees payable for registration of a mark?

Yes, a rebate up to 50% is applicable for a notified category of applicants in the RS. 9000/- slab of Government fees. The team at SSI can be contacted for the same at +91-9807411114

Can a foreign applicant apply for the registration of their trademarks in India?

As per the Madrid Protocol (the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996),

An International trademark application may be filed through the trademark office of the applicant. Such a Trademark office is also known as the Office of Origin.
The Office of Origin receives the original application and then forwards it to The World Intellectual Property Organization (WIPO)

Is there a guarantee of Trademark getting registered once an application has been made?

Trademark registrations at SSI are processed only after rigorous due diligence, during which proper research is done to identify directly as well as indirectly (phonetic resemblance) relatable trademarks that can be a reason for objection or refusal of an application for registration.

Therefore, citing the above research and analysis, before processing every application we inform all our clients of the professionally judged probability of an application getting approved.

Is the fee for registration dependant on number of classes in which the mark is being applied for?

Yes. Professional as well as government fee, as mentioned above, is payable per mark, per class.

What are the common advantages of Madrid Protocol for International Trademark registrations?

- Single applications for Multiple countries reduces the time required to file an application worldwide.

- Common date of renewal for all the trademarks makes compliance a lot easier.

- Amendments to the Trademarks via WIPO makes it a centralized application system which becomes a hassle-free experience.

- Costs are comparatively a lot lesser than registering to so many countries without the Madrid protocol system.

Price available on request

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