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Trademark Registration

A Trademark is a name, word, phrase, logo, symbol, design, image, or a combination of these elements that is unique to a business organisation and differentiates it from the rest of its Competitors. It can be placed on any packaging material, stationery items, websites and any other item associated with your business. It is always advisable to apply for trademark registration in order to maintain the uniqueness of the brand name. A trademark is the sole property of the business and its infringement shall attract heavy penalties on the defaulter.
A trademark may be designated by the following symbols:
TM: These letters signify an Unregistered Trademark;
SM: These letters signify an Unregistered Service Mark;
®: The R surrounded by a circle signifies a Registered Trademark.
TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name.

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Advantages:

  • Exclusive Legal Rights: Registration of the trademark gives the owner the special legal rights to use it exclusively for the growth of its business.
  • Intangible Asset: Trademarks are covered within the definition of intangible assets as per Accounting Standard-26 issued by ICAI.
  • Improves the Goodwill of the Organisation: A registered trademark improves the overall Goodwill of the organisation, thereby resulting in larger client base and increased profitability.
  • Hinder the Duplication: Once a trademark is registered, it cannot be used by any other person, thus resulting in savings in loss due to duplication.
  • Basis for Foreign Registrations: Registration of a trademark in any country, say India, forms the basis for registration of the trademark in the desired foreign countries, in order to expand one’s business.

Procedure:



Searching the already registered trademarks to avoid future objections


Preparation of the relevant application to be filed with the Registrar.


Filing of the application and waiting for the examination report


Filing a response against the objections (if any) rose by the registrar.


If no objection filed, publishing of advertisement and waiting for opposition by any other party


Attending hearing or filing of response against any other opposition filed by any other party.


Obtaining the certificate of registration of the trademark.

Documents required:


  • Copy of board resolution in case of Companies/ LLP;
  • Power of Attorney;
  • Soft copy of the Trademark to be registered;
  • If the mark contains or consists of non-English words, a translation of those words into English is required;
  • Incorporation documents of the Organisation.

FAQ’s


1. What is a trademark?

– A Trademark is a name, word, phrase, logo, symbol, design, image, or a combination of these elements that is unique to a business organisation and differentiates it from the rest of its Competitors.

2. Is it mandatory to register the trademark?

– No, it is not mandatory to get the trademark registered. However, in order enjoy exclusive legal rights over the trademark, it is necessary to get the same registered.

3. What can be registered as a trademark in India?

– Names;

– Logos;

– Phrase;

– Signs;

– Designs;

– Photos;

– Symbols;

– Images, etc.

4. What is the relevance of registered trademark across the globe?

– A trademark registered in India is valid only in India, however, forms the basis for registration of the trademark in the desired foreign countries, in order to expand one’s business.

5. What is the difference between Trademark, Copyright and a Patent?

Trademark: It is associated with names, words, phrases, signs, etc.

Copyright: It is usually sought by authors, artists and other literary professionals for owning exclusive rights over authorship, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures, and other creative works.

Patents: It is usually sought by inventors and designers to sought exclusive rights over machines, processes, or chemical compositions, or the design for some product.

6. What is the usual time to get the trademark registered?

– TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name.

7. What does Trademark Class means?

– The Class of the trademark needs to be mentioned at the applying for the registration of Trademarks. All the goods and services are classified under 45 classes, comprising 34 for goods and 11 for services.

Contact-us

  • F-8, DDA shopping Complex, Ist Floor, A-Block, Meera Bagh, New Delhi, 110087

  • +91-9953109399 / +91-9654438893

  • info@businesssuvidha.com