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Overview of Trademark

A trademark is a special symbol, design or name that a company puts on its products and that cannot be used by any other company and distinguishes it from any other company. Having a unique identity is important, so that the public can recall easily.

Trademark is defined in the Trademark Act, 1999 as, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours". A Trademark can include various things like signatures, names, labels, logos, scent, headings etc.

Procedure to Register a Trademark

The process to get a trademark registered involves filing of the trademark registration application, examination of the trademark, publication or advertisement of the trademark, objections if raised/ found, registration of the trademark and renewal of the trademark after every 10 years.

The procedure to register a trademark is simple, however, it is recommended to employ/ get assistance from an expert for the registration procedure to make it easier and dependable. Get Assistance from Experts of TaxUpp.

1. Search Trademark: 

Remember to choose a unique and distinctive mark as it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. The trademark search shows all the types of trademarks that are already available in the market, either registered or unregistered. The search further tells whether the applied trademark has a competition for the same trademark.

2. Selection of Class and Document Collection/ Prepration:

Next step is to select appropriate class for your business. TaxUpp will help you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start collecting all the required documents at one place for registration. 

3. File Trademark Application:

a. The application for registration of the trademark can either be filed in a single- class or a multi- class totally depending on the goods and services the business pertains to.

b. File for a trademark under “one” class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-1. 

c. The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark in bundle or beyond one class. 

Why to Register a Trademark?

Registration of trademark is very important for any business:

- Trademark is as important asset for the business

- It shows unique identity of business

- Trademark helps to build trust and loyalty among customers

- Trademark offers legal protection for your brand’s identity

- It prevents unauthorised usage of your brand

Documents Required For TM Registration

Individuals, Partnership, HUF

- Details of Logo/ Brand Name

- PAN card

- Address Proof

- Udyog Aadhaar/ MSME registration

- Signed form TM-48

 

Company, LLP, Society, Trust, Others

- Details of Logo/ Brand Name

- Certificate of incorporation

- Address Proof

- PAN card

- Declaration by Directors/Partners

- Signed form TM-48

 

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FAQs

The Nice Classification is an international system used to classify goods & services for purposes of registration of marks. It has total 45 classes (1-34 for products & 35-45 for services).
The registered trademark is valid for 10 years from the date of filing of application, It can be renewed further.
Trademark Registration

Select one that best fit for you

Trademark Registration for Individuals
₹5999.0
Features
  • Filing of applications for Individuals

  • Government fees and taxes are inclusive in price

  • Discussion with TM expert

Trademark Registration for MSME
₹5999.0
Features
  • Filing of applications for MSMEs

  • Government fees and taxes are inclusive in price

  • Discussion with TM expert

Trademark Registration for Companies
₹9999.0
Features
  • Filing of applications for Companies, LLPs, Partnerships, Trusts or Institutes

  • Government fees and taxes are inclusive in price

  • Discussion with TM expert

Helpful resources

gst
LIST OF TRADEMARK CLASSES

For filing trademark application with the Indian trademark office, the goods and/or services... Read More

02 Aug, 2021

By Taxupp Admin

gst
Trademark Act, 1999

A trademark is a special symbol, design or name that a company puts on its products and that... Read More

02 Aug, 2021

By Taxupp Admin

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