Company Registration in Delhi


Trademark Filing Starts @1999 + Govt Fee Rs. 4,000/-

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FAQ

TradeMark Registration

A trade Mark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another to use it or to authorize another to use the same in return for payment. The period of protection varies, but a trade mark can be renewed indefinitely beyond the time limit on payment of additional fees. Trade mark protection is enforced by the courts, which in most systems have authority to block trade mark infringement

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

company registration in Delhi

If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "Trademark" is that symbol you will use to do so. Registering a Trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own Trademark, if your business is applicable for the same.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.

Registration of Trademark:

A trademark is a sign or combination of signs that distinguishes goods or services of one entity from others, In India we follow a first to file rule and to claim the priority generally no proof is required, In India a trademark application can be filed for a mark to be used or for an intention to use the trademark. The term 'use' has been used in the Trade Marks Act, 1999 in broader sense, the physical presence or circulation is not necessary, in fact publication on internet or in international journals constitute use.

Your Registration Query

Under the Indian trademark law the following are the types of trademarks

Product trademarks

Product trademarks are those that are affixed to identify goods. It can be brand name, the label, the logo which is affixed on the product to make it distinct, the product name etc,

Service trademarks

Service trademarks are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, consulting, it consulting company etc.

Collective trademarks

Collective trademarks are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities

FAQ

Is it must to sell the goods or to offer the service before filing of trademark application ?

In India a trademark application can be filed for a product or services proposed to be used or for the intention to be used in future, However if the trademark applied or granted is not put to use within a period of 5 years and three months then the mark can be invalidated.

What is the filing fee for trademark application?

The government fee prescribed for filing a trademark application is Rs. 3500 to be paid for each class in which the application is to be filed.

What are the professional fee charged by the BMS for filing the trademark application in India ?

The BMS fee for filing a trademark application is Rs. 1999/- only per application per class, However we strongly recommend an attorney search report which is priced at Rs. 2500

Is there any qualification to become a director or shareholder in a Private Limited Company ?

Any individual can become a shareholder in a private limited company. For becoming a director in a company, no professional or educational qualification is required.

What is trademark Class ?

The trademark class is a classification of goods and services so that protection of trademark can be claimed and conferred for the specific trade or service and not in general. There are 45 classes in which a trade mark application may be filed. For example educational activities fall under class 41 hence the application for trademark for education should be filed in class 41

Can I file a single application of trademark for protection under many classes ?

Yes. In India a particular brand can seek registration in different classes. And one common application may be filed for for trademark of various classes

What is the duration of a trademark in India?

A trademark in India is valid for 10 years and can be renewed thereafter indefinitely for periods of 10 years.

What should I do if a competitor has already registered my mark in India?

The Indian trademark law provides for invalidation proceedings and you have the right to initiate a cancellation action should a competitor have registered your trademark in India. You also have the right to initiate either a civil or a criminal action against any party that is violating your mark in India.

Who can use the symbol ® in India?

Only the proprietor of a trademark whose trademark has been registered in India can use the symbol ® in India. Using the symbol ® unless your mark has been registered in India is unlawful.

When can the symbol ™ be used in India ?

Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India.

What is the penalty that is prescribed under the criminal laws for infringement of a trademark in India?

The penalty for selling or providing services using a false trademark is a minimum of six months and maximum of three years and with fine not less than INR fifty thousand which may extend to INR two lakh

Our Various Packages For Trademark Registration

Trademark Registration Lite Basic Silver Gold Diamond
Free Telephonic Support
Free Search at Government Website
Filing of Trade Mark Application
Trade Mark Attorney search Report
Reply to examination Report
Departmental Followup after Application Filing
Reply to Third Party Objections
Application to Request for hearing in case of objection
Drafting written arguments for objection
Appearance before the Registrar of trademark
Total Amount INR(Rs.) 5999/- 7500/- 12000/- 18000/- 45000/-
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Process Of Trademark Registration

Step-1 : Trademark Search by Attorney: Trade Mark register is open for public to inspect, nowdays it is available online at www.ipindia.gov.in . As the trademark registration can be done in several classes it is advisable to do a thorough serach in all possible classes, we strongly recommend an attorney report for trademark search. Out trademark attorney report is priced at Rs. 2500/- per mark.

Step-2 : Documentation for TM Application: The TM application can be filed with the assistance of a trademark attorney or agent, to authorize such an agent or attorney an authorization in TM-48 is needed, this document is in the nature of power of attorney hence it should be printed on Rs. 100 non judicial stamp paper and should also be notarized.

Step-3 : Filing of TM Application : once the TM-48 and all other requisite information is obtained in terms of our order form we shall file the trade mark application with the trademark department along with the government filing fee is Rs. 4000/- for each application on per class basis.

Step-4 :Review by the Trade marks Office:

After the application is filed the applicant can start using TM mark over the trademark. Once the TM application is filed and a receipt is generated the application is categorized as a new application, the trademark department reviews the application and if found complete in all respect the application is marked for examination otherwise a clarification may be sought.

Step-5 : Preliminary Approval and Publication, Show Cause hearing or Rejection of the Application Examination of application is done by the examiners of trademark and if found appropriate the application is advertised in trademark journal. However the application may be processed as objected either under absolute grounds for refusal and/or relative grounds for refusal as prescribed in The Trademarks Act, 1999. And an examination report is issued accordingly.

Once an objection is raised applicant have to answer the queries in reply and can seek hearing before the registrar of trademark. Once the opposition /objection is sorted out the application is moved for advertisement in trademark journal.

Step-6 :Registration:

After three months of the publication of the trademark in the Trade Marks Journal, the application is processed provided there is no third party opposition to it. Trademarks Registry will accordingly issue a registration certificate. Term of Trademark Registration Trademark protection in India is perpetual subject to renewal of the registration after every 10 years. The application for renewal can be filed six months before the expiry of the validity period of the trademark.