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Trademark Registration

Trademark Registration

In the competitive business landscape, a product is often defined by its brand name and the unique elements that set it apart. These elements, from logos and jingles to packaging design, collectively form what we know as a trademark. In today’s digital age, protecting your brand identity is more crucial than ever. Whether you’re launching a startup, managing an established company, or stepping into entrepreneurship, registering your trademark online is a critical step to ensure the uniqueness and distinctiveness of your products and services.

At Aksh IP Associates, we recognize the vital importance of protecting your brand’s identity and ensuring that your products and services stand out in a crowded market. We offer expert assistance in filing for trademarks, guiding you through the complex online registration process. Whether you’re a thriving startup, an established business, or an individual entrepreneur, our dedicated team is here to help you secure your brand’s identity and protect your intellectual property.

Let Aksh IP Associates be your trusted partner in safeguarding your brand and ensuring your intellectual property is well-protected.

What is a Trademark?

According to Section 2(zb) of the Indian Trademarks Act of 1999, a trademark is a distinctive identifier that differentiates products or services from those of competitors in the marketplace. This can include a wide range of elements such as symbols, designs, expressions, or any recognizable feature associated with a particular brand. Notably, trademarks can be owned by individuals, corporations, or legal entities, making them accessible to a diverse array of businesses and individuals.

Why Should You Register Your Trademark?

Registering your trademark in India secures your exclusive rights to use the mark in connection with your goods or services. It provides strong protection against infringement, enabling you to take legal action against any unauthorized use of your trademark. Once successfully registered, your trademark is valid for ten years from the filing date, with the option to renew it indefinitely.

Eligibility for Online Trademark Registration

In India, trademark registration is available to a diverse range of entities and individuals, including:

Categories of Trademark Registrations in India

In India, there are several types of trademark registrations designed to meet different needs and purposes, all focused on helping consumers identify products and services linked to particular manufacturers or service providers. Here, we explore the various categories of trademark registrations available:

Product Mark

This type of trademark is used on goods or products to indicate their origin and protect a company’s reputation. Trademark applications in classes 1-34 are generally categorized as product marks, as they relate to physical commodities.

Service Mark

Similar to a product mark, a service mark is used to identify services rather than physical goods. Service marks primarily distinguish the providers of specific services from others. Trademark applications in classes 35-45 are generally classified as service marks, as they pertain to various service offerings.

Collective Mark

A collective mark indicates specific attributes of products or services linked to a particular group. It enables individuals or entities to collectively protect and represent their goods and services. The trademark holder can be an association, a public institution, or a Section 8 corporation.

Certification Mark

Certification marks are issued by the owner to provide information about a product’s origin, composition, quality, or other relevant details. These marks set standards for products and assure consumers that the product meets established quality benchmarks. They are commonly used on packaged goods, toys, and electronics.

Shape Mark

Shape marks are used to protect the unique shape of a product, ensuring it is easily identifiable as coming from a particular manufacturer. Registration depends on the shape being recognized as distinctive.

Pattern Mark

Pattern marks are applied to products that feature unique, designed patterns serving as distinguishing characteristics. For registration, these patterns must be clearly distinguishable and recognizable.

Sound Mark

Sound marks are unique sounds associated with products or services provided by specific suppliers. Often referred to as sound logos or audio mnemonics, these are typically heard at the beginning or end of commercials. A notable example in India is the IPL tune.

These various types of trademark registrations, including logo trademarks, give businesses and entities the flexibility to protect their brand identity according to their unique offerings and market presence.

Selecting the Appropriate Trademark Class

Trademark classes play a crucial role in the registration process, categorizing goods and services into 45 distinct classes. Selecting the correct class is essential, as it affects the validity of your online trademark registration in relation to your business’s products or services. If your company operates in multiple areas that span different classes, it is important to apply for a trademark in all relevant classes.

In India, some frequently selected trademark classes include:

Trademark search

Before registering a trademark, it is crucial to conduct a thorough trademark search. This step is essential to protect the integrity and exclusivity of your brand. An online Trademark Search involves providing the brand name and the relevant class for review. This careful search helps identify existing trademarks in the market, assess potential conflicts, and ensure the protection of your brand. Aksh IP Associates offers online trademark search tools and expert support to assist you in this important process, helping you make informed decisions about your trademark or brand name registration.

Required Documents and Information for Online Trademark Registration

To complete an online trademark registration, you’ll need to gather and provide specific documents and details. Here’s what you’ll typically require:

Trademark Filing Process in India

Once you’ve completed the trademark search, the next step is to submit your trademark registration application to the Trademark Registrar.

The Vienna Codification Process

The Vienna Classification, also known as the Vienna Codification, is an international system used to categorize the visual elements of trademarks. Once you file your trademark registration application, the Trademark Registrar will use the Vienna Classification to classify the figurative elements of your trademark.

Trademark Examination

After completing the Vienna Codification, your trademark registration application will be reviewed by a Trademark Registrar’s officer. The officer will evaluate the application for accuracy and generate a trademark examination report. Based on this report, the officer may approve the application, permit it to be published in the Trademark Journal, or raise objections to the registration process.

If objections are raised, the applicant has the opportunity to address these concerns with the Trademark Officer. Should the officer find the responses satisfactory, the trademark will be approved for publication in the Trademark Journal.

Trademark Journal Publication

Once the Trademark Registrar approves the application, the trademark will be published in the Trademark Journal. This weekly publication includes details of all trademarks received by the Registrar. During this period, the public has the opportunity to raise objections if they believe the registration could affect their interests. If no objections are filed within 90 days of publication, the trademark will be officially registered within 12 weeks.

Trademark Hearing

If a third party objects to a trademark application, a Trademark Hearing Officer will schedule a hearing. During this hearing, both the applicant and the opposing party will have the opportunity to present their arguments. After reviewing the evidence and considering the arguments from both sides, the Trademark Hearing Officer will determine whether to approve or reject the application.

Trademark Registration

When a trademark application faces no objections or oppositions, the Trademark registration certificate is prepared and issued. The trademark is officially registered once the certificate is issued, granting the owner exclusive rights to the mark. For instance, if a logo trademark application goes unchallenged, it will be approved and registered. At that stage, the ® symbol can be added to the logo or trademark.

Trademark Objection

Trademark objections are usually one of the first steps in the registration process. Instead of immediately rejecting the application, the Registrar requests valid reasons or explanations concerning the trademark’s eligibility for registration.

Trademark Opposition

Trademark opposition arises when a third party objects to the registration of a trademark. The Registry allows oppositions to be filed by any natural or legal person, including individuals, businesses, partnership firms, and trusts.

Trademark Renewal

Once your trademark is successfully registered, it remains valid for ten years from the filing date. To maintain its protection, it’s essential to renew the trademark every ten years.

How AKSH IP Associates Can Help with Your Trademark Registration

Navigating online trademark registration in India can be complex, with many steps and government procedures involved. At AKSH IP Associates, we streamline this process for you. Here’s how we can help:

Trademark Search

Begin the process by sharing key details about your desired trademark and industry with us. Our experts will conduct a comprehensive search of the trademark database to check its availability. If we find your brand is available, we’ll proceed to the next step.

Class Selection and Document Collection

Our expert team will assist you in choosing the right class or classes to fully encompass all aspects of your business. Meanwhile, you can start uploading the necessary documents for the online trademark registration.

Trademark Application Filing

Once we receive your documents, our expert team will review them for accuracy and completeness. We will then fill out the trademark application form on your behalf, making sure all necessary documents are submitted correctly. Throughout the process, we will keep you informed and transparent, monitoring notifications from the Trademark Registry until your trademark registration is finalized.

Congratulations! After submitting the application, you can begin using the ™ symbol.

Trademark Objection (if applicable)

If the trademark examiner raises questions about your application, you may receive a trademark objection notice. Our experts can assist you in preparing a strong response and providing the necessary documents and evidence. We will keep you updated on the status of your application and support you through any oppositions or hearings. Once your trademark is successfully registered, AKSH IP Associates can also assist with Trademark renewal, assignment, licensing, and other post-registration services. Ready to protect your brand and secure your trademark in India? Begin the process of safeguarding your business identity with trademark registration or logo trademark registration through AKSH IP Associates. With our expertise, you can be confident that your brand is in good hands. Don’t wait—ensure the validity and exclusivity of your trademark today. Get started with AKSH IP Associates to protect your valuable intellectual property rights.
TrademarkPatentCopyright
What’s protected

Any word, phrase, symbol, or design that identifies and distinguishes the source of one party's goods from those of others

Inventions, including processes, products, compositions, machines, and improvements to any of these

Books, articles, music, photography, sculptures, dance performances, sound recordings, motion pictures, and other original works of authorship.
What’s protected

Documents Needed for a Trademark Registration

Incorporation Certificate

If the trademark is registered under a company or LLP

Partnership Deed

If the trademark is registered under a partnership firm.

PAN Card

Of the authorised signatory.

Aadhaar Card

Of the authorised signatory

Form-48 Signed

E-sign by using Aadhar authentication from E-sign Desk.

Logo

Please upload the logo in black and white to ensure all colors of the trademark are covered under the registration

MEME Certificate

Aadhaar Card

of the authorised signatory

PAN Card

of the authorised signatory

Patnership Deed

if the trademark is registered under a patnership firm

Incorporation Certificate

if the trademark is registered under a company or LLP

Form-48 Signed

please print document in color. Authorised signatory to sign on each of the pages

Trademark Application

Completed application form with all necessary details and supporting documentation.

Office Action Response

If applicable, any response or additional information requested by the trademark office.

Proof of Use

Evidence showing the use of the trademark in commerce, if required.

Legal Documents

Evidence showing the use of the trademark in commerce, if required.

FAQs

A trademark is any word, phrase, symbol, or design that identifies and distinguishes the source of one party’s goods or services from those of others.

Registering your trademark provides legal protection, exclusive rights to use the mark, and helps prevent others from using a similar mark that could confuse consumers.

You can perform a trademark search in the trademark database to check if a similar mark is already registered or pending registration.

Typically, you need documents such as the incorporation certificate (for companies), partnership deed (for partnership firms), PAN card, Aadhaar card, Form-48 signed, and the logo.

The process can take several months to over a year, depending on various factors including objections or oppositions.

Once registered, a trademark is valid for ten years from the filing date. It can be renewed indefinitely in ten-year increments.

Yes, you can use the ™ symbol once you have filed the application. The ® symbol can only be used after the trademark is officially registered.

If there is an opposition, you will have the opportunity to present your case. The Trademark Hearing Officer will review the evidence and make a decision

Customer Reviews for Trademark Search

Rahul Chouhan
Rahul Chouhan
Trademark Registration
10 months ago
Read More
Excellent Service
"Aksh IP Associates made the trademark registration process incredibly smooth and hassle-free. They were thorough, responsive, and kept me informed at every step. Highly recommend their services!"
Kunal Gupta
Kunal Gupta
Trademark Objection
11 months ago
Read More
Objection Overcome!
"When my trademark faced an objection, Aksh IP Associates stepped in and turned the situation around. Their strategic approach and deep understanding of trademark law were instrumental in overcoming the objection."
Amit Modi
Amit Modi
Trademark Hearing
5 months ago
Read More
Great Legal Support
"The trademark hearing process can be daunting, but Aksh IP Associates provided excellent legal support. They guided me through the entire process and ensured my case was well-presented."
Sohil
Sohil
Trademark Registration
7 months ago
Read More
Highly Recommend!
"I was nervous about registering my trademark, but Aksh IP Associates made it so easy. Their expertise and customer service were outstanding. I felt confident throughout the entire proces
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