How to register a trademark in India ( TM ® )

If you have started a business and created your brand and logo you may want to know how to register a trademark in India.

What is a trademark?

How to register a trademark in India

A Trademark (TM) in India includes:

  • Word or letter
  • Device
  • Brand
  • Logo
  • Slogan
  • Label, ticket, name, signature
  • Three dimensional shapes
  • Numeral, shape of goods, packaging or
  • Combination of colours
  • Sound mark

When you register a trade mark in India you should:

  • Avoid Selection of identical, similar and deceptively similar trade marks
  • Avoid possible conflicts & infringement action
  • Avoid unnecessary costs
  • Avoid unnecessary opposition at the trade mark office

So how to register a trademark in India?

Before filing an application for registration of a mark in India, it is advisable to conduct searches to insure that the mark has not been used and registered by someone else in India. Such trademark searches can be made online, at he the Office of the Trademark Registry, by anyone who has an account with an Indian bank to enable payment to that trademark office (you will also need an Indian address and fill form TM-54). But it is faster and easier to appoint a trademark law firm in India to do the searches and submit application for your company.

Selecting your trademark section

Before registering a trademark in India you should however know for which category (and subcategory) you want to register your trademark. You can choose your product or service categories in which your business operates (or plans to operate) at the World Intellectual Property Organization. The site shows you all the 34 goods classes and 11 service classes. For each class you register a trademark in India, you will have to pay extra, the selection of several subcategories will however not attract any extra cost. It is therefore advisable to select all the relevant indications of goods or services in the selected section. The application can be submitted at one of the Trade Mark Registry offices in India in Mumbai (Head Office), Delhi, Kolkata, Ahmedabad or Chennai. The cost for the registration of a trademark in India is 3,500 Rs (60 €) for each section (this is a Government fee and does not include any property consultant or law firm fee for preparing the application and eventual oppositions to be filed in case the application is rejected).

Foreign companies who want to register a trademark in India

If the applicant has already applied for Trademark protection in one of the countries belonging to the Paris Convention or signatories of the TRIPS Agreement of the World Trade Organization (WTO), then an application for registration can be filed in India claiming the property of registration from earlier corresponding application in the convention country, provided that the application is filed in India six months of the priority date.

Duration and validity of a trademark registration in India

Usually, the Indian Trademark Registry grants the registration within a year, but sometimes in can take longer.

The registration is valid for a period of 10 years, and may be renewed for further periods of 10 years each with payment of the renewal fee of 5,000 Rupees (80 €). So, a brand, if renewed on time, can be protected in India indefinitely.

When considering the investments companies are making to create their brands when entering the Indian market or launching a new product or service, it is very advisable to register a trademark in India as soon as possible before other companies will use the same or a similar mark. 

About Andreas De Rosi

Andreas is the Co-Founder and Director of Eurobrands Consulting Pvt. Ltd, a market research and market entry consulting firm based in New Delhi, India.
At Eurobrands he is consulting companies on international trade and market entry strategy with focus on the emerging Indian Market. Read more about Andreas De Rosi...

Comments

  1. Brainjamer says:

    Hi i am from India.
    I want to buy a domain name…

    suppose  its intelligentzzz.com

    SO i want to trademark the work intelligentzzz  .

    Will i be in future trouble if i buy this domain  ?  coz intel is a company name and they have a trademark!!!!

    Please assist me sir !!

    • Anonymous says:

      Hi,

      I think it depends a lot on what you want to sell under the trademark “Intelligentzzz”. If you want to sell computer chips then it may be difficult to get this name approved as consumer may think your products is somehow related to Intel. But if you want to sell for example an energy drink called “Intelligentzzz” then there should be no problem as long as nobody else has registered a similar name in this product category.

  2. Pratul Girotra says:

    HI … I am from India and I want to sell my registered trademarks…..is it possible to sell thewse trademarks?

  3. Yes you can transfer trademarks to a new owner. The price will depend on many factors, but I guess the most important will be how known that trademark is.

  4. Hi, 
    I run a small company in Nepal manufacturing herbal products. I have a few clients in India who purchase my products. Do I need to register my products in India to sell my products to particular clients? If so, do I need to register individual products or just register my Trade Mark/Logo? 

    • Hi, registering a trade mark in India is, as in any other country, optional. You don’t have to. If you want your brand name to be protected (and not to be used by anyone else in that particular country / product classification) you should register your brand name and logo. 

      You may however have to follow some other laws and regulations like sticking a label on the packaging (each unit) mentioning: 

      - The MRP (Maximum Retail Price) incl. of all taxes 
      - Typ of product: E.g. Herbal tea 
      - Imported and Marketed by: (mention your Indian importer name and address)
      - Imported on: Date of Import
      - Use Before: Date when the product will expire
      - Net content: E.g. 100 ml 

      These are the current label requirements for imported food and healthcare products. 
      I am not sure if Nepal has a special agreement with India though. It could be that products between India and Nepal can be traded without this labeling requirements. 

  5. sourabh banerjee says:

    SIR , I WISH TO REGISTER A LOGO FOR MY COMPUTER INSTITUTE AND A COLLEGE , AS WELL AS WISH TO FORM A COMPANY , KINDLY HELP .

  6. NAGA RAJU THOTA says:

    Hi AndreasDe Rosi

    I am Raju. I have registered my company under corporate affairs. I would like to make my company name registered for trademark. but the 3 letters of the company name abbreviate already existed in some foreign countries.

    May I registered my company name in India with that 3 letters. My logo also making with creative concept and I want to make register the slogan also under trademark.

    logo and slogan both can register under one stem or registered as different trademarks.

    Waiting for your reply..

    • Hi Raju,

      The company name can be registered in India with the said 3 letters even if there is foreign company with the same abbreviation provided that the foreign company has not taken trademark registration in India for such name or the same is not registered in any third party’s name.
       
      Logo along with slogan can be registered under trade mark but it is also advisable to register them separately also for better protection so that the no third party is able to use the logo or slogan separately.

      If you need assistance for the registration process we can help you. Just send us a mail at info@eurobrandsindia.com 

  7. santchoubey says:

    thanks for giving a proper information

  8. what is the official website for registering    a trade mark..

  9. samsher bharti says:

    Dear sir I want to know about new product registration
    1:- from where i can get registration & how much cost will spend me & how long time it take.

    • Eurobrands India offers trademark registration in India. Please send us your logo or word mark to info@eurobrandsindia.com – We will then send you a power of attorney which you will have to sign and send back to us.

      The price for trade mark registration depends on how many trade mark classes need to be covered and if only logo or also a word mark needs to be registered.

      The submission of the application can be done within few days. The trade mark can be used from the day of submission. The final approval however can take more then a year. Final approval of trade marke registration in India takes a long time.

      The status of the application can be monitored here: http://124.124.193.235/eregister/eregister.aspx

  10. SAURABH SHAH says:

    Sir i have to register my company and logo in tm so pls help me how to register it

  11. Dear Mr. Andreas,

    I work for a e-commerce startup company. Our company right now has created a logo, registered for a new website and also has a slogan. I would like to know if we can start using all of the above in our marketing collateral (like visiting cards, letterheads, advertisements etc) even before we start filing for TM. Is there a restriction on these being used even before filing the application ? What are my risks associated in case I use these before filing the application ?

    Thanks in advance.

    • Hi, there is no restriction in using your created logo, brand name, slogan as long as you are not using any known name or a name which is too similar to a known brand name. To know if your name and slogan is free you can ask an attorney to do a trade marke search for your company.
      Before putting money in advertising and running big campaigns it is however recommended to file your trademark / servicemark in India. You are protected the moment you submit your application for trademark protection.

  12. samsher bharti says:

    Hi i am samsher bharti from m.p india
    Dear sir i am not understending .which Good class is under my ink formula and how many class & categiry that is cross. please give me information about new ink formula ragistretion With cost and law form cost .i want to know total cost of new ink formula cost . please send reply on my idi.

  13. Ajay Dholariya says:

    Dear Sir,
    Greetings !!
    Sir, I have “AMUL” Brand (in Hindi Font) registered under Class 11 (wick stove) of Indian Trademark Act, Now I want to register another own manufactured products of Class 21 (Kitchenware Utensils) under the same brand in same Hindi Font.On Public search, i came to know Amul as registered one under Class 21 for different different products including our products as well BUT WITH DIFFERENT STYLE.

    Now my worry is once we are registered with one product under class 11 , can we register the same under another class on account of being same manufacturer?

    In other words, we want to extend our brand registration under another class?

    Can our another product falling under said registered class 11 be registered?

    Expecting your valuable suggestions.

    Thanking you

    • Hi Ajay,

      this is was our attorney had to say about how to register your trademark in India in Class 21:

      There is no bar and the brand already registered in Class 11 can also be registered under Class 21. Since, as per the details provided there is already similar mark registered in Class 21 so, the new applicant will have to prove that his mark is distinctive and different from the mark already registered under Class 21.

      Yes, party can also go for registration of another product under the same class even if it already registered for a product under the same class.

  14. aravind s nair says:

    hello sir..

    pls help me in this doubt..we are a gang of 5 and we are planning to start a social networking website..the domain is already registered and we are looking forward to register the logo..my doubt is how to register this logo???what are its essential requirements??will we have to produce the design itself or we have to include the colour also??pls advice me to register this logo..and we are planning to start this site as a partnership..obviously in d long run we shall register it as a company…will it be enough???pls advice sir..

    yours sincerly,
    aravind s nair.

    • Hello Aravind,

      you can submit a copy of your logo in black / white which will protect your trademark in all different color variations.
      You can apply for the trade mark registration in your own name and at a later stage transfer it to the company you will be incorporating.

  15. Hello Sir,
    Thanks for clarifying all the queries here. Is it possible to register a same Trademark for both class 41 and Class 42. Please advise.

    Thanks in advance,
    Ravi

  16. Hello Sir

    I am based in UK, however i wish to trademark my company name in India, how can i check to see if the name is available?

    Many thanks

  17. Sachin Gupta says:

    Greetings o the Day..
    Mr. Rosi

    We are having a sole proprietorship firm in India, we manufacture and trade textile products like bed covers, sofa covers, cushions and other related products. Now we are thinking registering a trade name as well as a logo, so that our products can be recognized separately by name or logo or both and we can establish a brand name. I would be thankful if u can please tell me in detail the procedures,cost, benefits, any disadvantages, actually i want everything that i should know so that i can proceed with my endeavor.

    Warm Regards
    Sachin Gupta

    • Dear Mr. Gupta,

      You can register both logo and word mark so nobody else can use the same word as well as style of logo. (so you have to submit two trademark applications). You need to choose your trade mark class which best describes your activity / products (should be class 22-27, see here http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN# and then click on search in left menu).
      As of my knowledge there are no disadvantages for registering a trademark in India. It will only protect your investment you make to build your brand name. If you need more details on how to register your trade mark in india (which forms are required), noratisation process and to which trade mark office to submit your application please send me a mail at andreas@eurobrandsindia.com – our advocate is well experienced in trademark filing.

      Best Regards,

      Andreas

  18. am willing to trademark my business name and its logo.. how can i get it??
    its a small scale business … we like to keep the business name as a name which can be used for various business. like tata(tcs,tata steel,tata water+, tata photon…) help me for this???

  19. Gaurav Kumar says:

    Dear Mr. Rosi,

    Greetings

    We have incorporated a private limited company in India with a specific business objective and have got trademark application submitted to trademark registry via a local consultant. Our understanding and implementation of a logo is:
    • A graphic image, say custom graphic representation and,
    • Company name with special design though basic one and,
    • A tag line / slogan

    To our utter surprise, we have been told now by our consultant that all three parts mentioned above cannot be used individually i.e. the graphic image cannot be used alone. This implies that the graphic image of logo (and not the whole logo comprising three parts as mentioned above) cannot be used for branding purposes irrespective of the platform.

    Also, we have been told now that the tag line or slogan is not covered under current TM application and we cannot have variations in colour scheme for our logo (all three parts). We are in complete fix and not able to understand what to do.

    We hereby are seeking your expert guidance in the matter for taking any corrective and preventive action which may include filing a fresh application.

    Request you to please provide your inputs on the mentioned subject. Per our understanding the advantages of getting a brand name registered are:
    1. To create a brand identity for my organization
    2. To protect our logo from being misused by anyone
    3. To protect our tagline from being misused by anyone
    4. To protect our brand / logo from being copied in any form by anyone
    5. To protect our tagline from being copied in any form by anyone

    Though we have gone through the process of filing a TM application but in view of issues that we are facing, some of the very basic questions that are troubling us here:

    1. What does TM approval means for us and what all we can & cannot do?
    2. With the trademark application filed with trademark registry, who owns the ownership of logo that has been filed considering the fact that there are two directors of the company but application has been signed by only one director.
    3. What does proprietor in Application means for us?
    4. Can we use any other colour combination than the ones used in current logo?

    Appreciate if you can provide your expert guidance and mechanism to move forward.

    Warm Regards
    Gaurav Kumar

    • Gaurav Kumar says:

      Also, if you can please let us know the difference between brand registration and trademark registration?

      Regards,
      Gaurav Kumar

      • Hello Gaurav,

        Registering a trademark in India can be done for:

        - Brand Name (e.g. Nike)
        - Logo (e.g. the Nike Swoosh)
        - Slogan (e.g. “Just do it”)

        You need to file for each separately (and pay the registration fees for each). In this way each can be used independently or in combination.

        To protect your logo in different colour combination it is advised to file the application with the logo in black and white. In this way you are protected against all kind of color combinations.

        Regarding the ownership of the trademark: Trademarks can belong to individuals or companies. In your case you have applied in your company name and the company owns it even if just one director signed the application (or the authorisation form given to your advocate was just signed by one director). If the signing director leaves the company the ownership of the brand will still remain with the company.

        Once your trademark gets registered you can use the ® sign next to your brand. Until you get approval you can use “TM” – and you are basically protected from others using your brand name, logo or slogan.

        Even if you don’t register your logo, brand name or slogan you can still ask others to stop using the same and you can even take legal recours, but in this case your evidence needs to be very strong (e.g. you have evidence that you where using it before others or your brand is so well known that it is obvious that is has been copied etc.)
        But having a trademark registration of your brand (especially when you are starting a new venture and you are investing in building your brand) will be the best way to protect your brand and to avoid others benefitting from your marketing effort and investments.

        A brand name and a trademark is basically the same thing. The only difference is that a trademark is a brand neme with has been registered with the trademark authorities.

        I hope this answers your question. related to your trademark registration in India. Let me know if your have any more doubts.

        Best Regards,

        Andreas

        • Gaurav Kumar says:

          Dear Mr. Rosi,

          Much appreciate your help. Your inputs are very valuable to us. A small request, how to move further especially, when a TM application is already filed as I have mentioned earlier.

          Can your organization help me in getting this nailed and if yes then request the pricing for same or any other way of communication to proceed further.

          I am based out of New Delhi, India and will appreciate if you can please help at the next level as well.

          Warm Regards,
          Gaurav

          • Dear Gaurav,

            please mail me your contact details (andreas@eurobrandsindia.com). We will help you with filing / adjusting your trademark application in New Delhi.

            Best Regards,

            Andreas

  20. Hello I’m from India. Me and my friend started partner ship firm. with the business name ______ .
    do I also need to register trademark to protect the baseness name ____?

    • Hello, yes you should protect / register the name of your business, especially if you intend to brand your products / services with the same name of your business.

      Nobody in India can register exactly the same company name (to see if your business name is free see the ministry of corporate affairs master data website), but still anyone could pick your company name to brand any of their own products / services. So yes, you should protect your business name and register it with the trademark authorities.

  21. Dear Rosi,

    I have registered a brand 15 years back. I didnt know that it has to be renewed after every 10 years. Now it is showing as abondoned. What is the procedure if it has be to be renewed?. It is showing that some companies has also registered the same brand name now. So if there a chance of our renewal application gets rejected?.

    • The maximum time limit for restoration and renewal of a trade mark is one year after the expiration of last registration of trade mark. There is no provision for restoration and renewal of a trade mark which expired 5 years ago. So, in this case a fresh application will have to be filed showing the use of trademark since beginning and subsequently requisite proof including previous registration details will need to be provided.

      If some companies have got the same brand registered then a case can be made out based on previous registration and its continuous use even after expiry of trademark registration. However, in those it would be important to know the date when other parties started using the same brand.

  22. Hello Sir,
    You are doing an marvelous job.
    I want to registered my name don’t know what it called trademark or copyright, but the question is how much its cost me because i don’t own any company but want to protect this name as my symbol is this possible. along with i also want to trademark / copyright an logo. please reply ASAP

    • If you want to register a trademark in India, you can apply for registration of a word mark or a sign mark (logo). I think you would like to register both a name (word mark) and a symbol (sign mark / logo). So you would have to register two trademarks (word mark and logo) in whichever section you would like to do business. Since you don’t have a company you can register both trademarks as an individual. In terms of cost for the registration of a trademark (in India for an Indian company) it is in the range of 10,000 Rs. per mark / per class (including the filing fees at the trademark office).

      • Please tell me the website that deal in trademark there is a website name http://www.copyright.in is this website can help me to do such thing please I request you review this websites as it offers very cheap rates. thank you for quick reply.

  23. Dr Gautham says:

    Hello Mr Andreas,
    I am a doctor practicing Ayurveda for the past three years in different hospitals. However,now I have decided to start a clinic/treatment center of my own. I have thought of a unique logo and name;and also a slogan-for my clinic.
    I have a couple of doubts. I will be glad if you could clear them for me.
    1) Whether I can include all three (name,logo and slogan) in a composite logo and consider all three protected for good? Or will I have to protect them separately-or say register the name and logo as one; and the slogan as another? If seperately,then how could one register a slogan?? (For eg: Nike-Just do it)
    2) My service is included in Class 44. But incase my business flourishes and I need to branch out or say advertise more,will i have to get my name registered even in Class 35??

    It will be of great help if you could help me out in this regard.
    Thank you in advance.

    • Dr Gautham says:

      P.S: If I just register a composite logo with (logo,name and slogan) and someone else uses a part of it,say the slogan; will I be in a position to defend it and sue him?

      • Dear Dr. Gautham,

        Yes if you want to protect name, logo and slogan you need to protect them all separately.
        A slogan is a word mark, similar to a service / company name.
        You could eventually register the logo, name and slogan in combination, but it does not protect you fully from others using the same in single parts, e.g. only the logo or only the slogan.

        Also if you start offering services in other sectors / products you should register your trademark in the respective classes.

        Best Regards,

        Andreas

        • Dr Gautham says:

          Thank you Sir,
          That helped a lot. Especially since my lawyer had assured me that a composite logo would protect everything it contains!

          Regards,
          Dr Gautham

  24. We r jewellers, we have got TM but yet not R . So what’s difference that makes?
    What if somebody ( a jeweller) ccopies our TM name?
    How can we stop them?

    • Once a trademark in India has been approved you can use the “®” sign.
      Until you get approval of the trademark, which in India normally takes over a year you can not use the “®”, but the TM sign. The TM sign / the submission of your trademark application already protects you from others using it.

    • After Application Trade Mark registry Allot Application number after receipt of this Number you are allow to use TM on top of your brand Name but after that TM to R is complete process of 15 to 18 months in which , Examination report, formality Check Report, hearing these are steps ,after clearance of these stages your mark goes for Trade Mark Journal Publication, from the date of Publication there is 4monts period to file an opposition to any third party, If no opposition filed by any one then your Mark goes for Registration

      • Once you get registration certificate, we have to apply for Legal Proceeding certificate on basis of this we can take legal action to stop piracy of your Brand – Subject to Investigation and Prior User of Brand.

  25. ser, three word ka brand (SRK) proposed to be used form mai fill karke T.M.Registration ke liye apply kiya ja sakta hai kya..

    • Dr Gautham says:

      Hi amit
      Pehele aap kisi agent se milke us proposed naam ka public search karwa le.. agar SRK available hai tho aap apply kar sakte ho.. agar kisi aur ne usse pehle hi select kiya hai tho woh aapko nahi milega..

  26. Dear sir
    we are looking one TM in india how much price get 5 year please give

    thanks &reagrds

  27. Shailendra says:

    Hi I am from India.
    I want to start a firm… name is “Ad2Win”. So I want to trademark the name “Ad2Win” in class 35.
    But one another company (2Win Group) have the trademark of “2Win” name in the same class. Now question is that if I apply for the trademark (for name “Ad2Win”) and that another company (2Win Group) make some objections, Do I have any chance to get it? Or If I will not get it… Will they refund my fee?

    Thank you in advance!!!

    • Dear Shallendra,

      this is what our advocate had to say regarding your query on trademark registration in India:

      It is likely that the company with existing registration may object to the name “Ad2Win”. So, the applicant will have to prove that this proposed mark is distinctive and does not have any deceptive similarity to the existing registered trademark. For example, it can be said that there is no phonetic similarity and so, it is distinctive.
      There is a possibility that the mark is registered and also it possible that there is no opposition from the company with current registration of trademark.
      There is no provision for refunds of fee is mark is not registered and hence after filing application fee will not be refunded.

  28. Hi,

    I would like to ask whether a trademark can be availed for a brand which is registered as a firm and not under company registration

    • Hello, Yes you can register your company name as a trademark (word mark), especially if you intent to use your company name to offer services / product you should register the name / brand.

  29. Imran Mohammed says:

    Hello!
    We are in verge of setting up retail and distribution channel under Genius Enterprises which is registerd under VAT act to trade/sell comodoties such as: Toys, Gifts, Souvenirs, Shoes, Garnments, Stationery & Condiments. We are in process of import license to manufacture toys under brand name as : TRENDS, i would appreciate if you could let me know the limitations that would arise. We want to register brand as “TRENDS” to imprint on the products that we sell through our distribution channel which will be operating under registered VAT license “Genius Enterprises.
    I appreicate your response and feedback.
    Regards,
    Imran

    • Imran Mohammed says:

      I missed to mention you the location of this business setup, this setup is located in Karnataka, India. The items would be imported from China.

      • I think there should be no problem. You will have to register the word mark TRENDS with the Indian trademark registry in all classes where you intend doing business e.g. Class 25: Clothing, footwear, headgear … Class 28 Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens’ toy bicycles ….and so on. After submitting the trademark application you can start using the brand. Normally, registration takes about 1½ to 2 years. Once application is processed, the trademark registry will send a notice if they need any further information. Thereafter hearing will take place and if they are convinced then mark will be advertised in Trademark journal for general public to file any objection to it within 4 months. After that period is over, trademark will be registered and certificate will be issued.

  30. Imran Mohammed says:

    Buongiorno! Mr. Andreas,

    Thank you for qucik response. I appreciate if you could assist me through your firm in registering word mark for my selected brand “Trends”. Please provide me your email and contact details I will send you all per-requisite documents in order to process filing.

    What is the difference between trade mark and word mark? Will I be able to use “Trends” for branding the store and products as brand name, will there be any separate filing for TM? If such then does it required two different filing? I would like to apply for both as well as font and color. As you mentioned that the registration process take about 2years; will I be able to produce some material under this brand till it get registered or I should wait till it get verified and approved certificate.

    Look froward for your earliest response.

    Molto grazie,
    Imran

    Cia

  31. Hello Mr De Rosi:
    I have a question concerning India and the Paris convention. I am already registered in China and since China is apart of the Paris Convention in what ways can I use that to register for a trademark for the same product in India. And do i need a local agent/attorney to help me filing a trademark from out of the country

    • Hello Mr. John,

      this is what our advocate had to say regarding filing a trademark in India, which is already registered in China:

      If an application has been filed in a convention country then the applicant can file another application for trademark in another convention country where the priority date will be as per earlier application. But in this case the application in second country will have to be filed within 6 months of the date of filing first application.

      In other words, in the instant case the effective date of registration in India will be the date when application was filed in China. However, the application in India will need to be filed within 6 months of the filing the application in China.

      Yes, a local attorney will be required to file the application and attend hearing before trademark registry. Further a local address will have to be given for purpose of correspondence which generally is of the local attorney.

  32. Hello,

    I want to register a Trademark for my hand painted products. I hand paint a range of products like shoes, tshirts, coasters… what class should I choose. Also I want to know that can i register a Trademark in multiple class or the limit is one class per registration?

    If my trademark is “abc” and some one i already using “abcdef” in the same class, will my application be objected?

    Thanks

    • Hello Pratik, yes you can and should register your trademark in all relevant / multiple classes in India. E.g. Textiles etc. If abc and abcdef are too similar to create confusion between the consumer then yes, your application will be objected.

  33. sir, i m private tutor and i want to registered my institute but the same name institute are registeted. plz tell me that can i registered my institute with the added word “NEW” . The name of institute are concept classes.

    • I am quite sure this trademark application will be rejected as it will confuse the consumer. E.g. You won’t be able to name a soft dring New Coco Cola, without confusing the consumer and the Coca Cola company objecting.

  34. Shyam Vir Singh says:

    Hello Mr Andreas,

    I am running a computer institute from last five years in Dellhi location.
    Now i want to registered the Name and Logo very soon and also want the ISO number.

    I would like to go with your company to complete this all process so please share your contact number.
    and if possible please send me the details about expenses, minimum time and which things required from my side to complete this process.

    Look froward for your earliest response.

    Warm thanks
    Shyam

  35. Hello sir,
    I am a kung fu Instructor from bangalore and i run my classes, i want my class and logo to be registered, how to i proceed with it. What do i need to do first in order to do this. Kindly help

    Mohan S

  36. hi sir, thnks for the information. i just want to ask that if a name is registered in uk, then can we use it in rajasthan state(india). we just want to use that particular name as title of our national seminar. so could you guide us, how can we use it. its registered by a writer in uk, here in rajasthan we want to use it for the 2 day seminar. is it possible or not. guide us, waiting for ur reply.

  37. Hello,

    I would like to trademark a term I coined for a research paper. Should that be Trademarked or copyrighted? How much time will it take and how much will it cost?

    FYI: The term does make sense.

    • You should trademark this term. After submission of the application you already can use it as a trademark (TM), after one to two years (thats the standard time for getting approval in India) you can use the term as a registered trademark (®). The government fee is 3,500 Rs. per trademark per class, plus trademark lawyer fees and other out of pocket expenses like stamp paper fees.

  38. Apoorva Goel says:

    Hello Sir,

    I have a query regarding which forms to use for registering a trade mark in India. If we take the example u gave using Nike, “Registering a trademark in India can be done for:

    - Brand Name (e.g. Nike)
    - Logo (e.g. the Nike Swoosh)
    - Slogan (e.g. “Just do it”) ”

    Will 3 separate applications have to be filed using form TM-1 for each case? I want to get my brand name and logo registered under class 41. So will I have to file two separate applications using form TM-1 or any other forms are to be used?

    Also, if my brand name appears in the logo as well, can there be any objections, like duplicity of name? Eg., if my brand name is “ABC” and the same “ABC” appears in the logo as well, can there be any objections regarding this?
    Please help!

    Apoorva Goel

    • Dear Apoorva, to protect your brand name, logo and slogan in India you should registered each individually (3 separate applications). This way you can also use each individually and each will be protected on its own.

  39. jackieolivia says:

    Hi,
    I am finding it so hard to fill register myself at https://ipindiaonline.gov.in/etmr/. They just don’t get back with any assistance. I want to bring out a inspirational magazine and wanted to trademark my name asap. What’s the fastest way to get this done? Private companies are charging 3 times the amount.

  40. Dr.Tanmay Haldar says:

    Dear Andreas De Rosi,
    I am in process of forming a company starting with word “Secure”, full company came is “Secure ABC LMN PQR XYZ” (total 4 word company name). Secure word is very widely used in many companies in India which are already registered, so I am finding it difficult to get my desired name, but I will get some other name starting with Secure. For me having word Secure in my company name matters a lot to me and I also have a slogan for my company name.
    I want to trademark my Logo, Company Name and Slogan under Class 36/44. My que is under registering trademark for Brand Name, can I get all the 4 letters trademark registered as Brand Name or just only a word is eligible for trademark Registry as “Brand Name” ?

  41. Hi,
    1. I want to register trademark for my hair oil “Grow Up”, when I search I see someone has registered “Arvee’s Grow Up
    Will this conflict?
    2. I want to create login and efile, I do know what enter under user code in
    https://ipindiaonline.gov.in/etmr/createuser.asp

  42. Our company is in the business of imparting training to graduates and is planning to start with various programmes. The names of these programmes are required to be registered under class 41. Could you please tell if before filing of the applications in form TM 1, we should file for official search report with the registrar or take preliminary advice of the registrar as to the registrability of the trademark? Which are the forms for the same? Also whether seperate applications have to be filed for every proposed trademark?

  43. Hello Mr. Rosi.

    Appreciate your good job in improving our awareness about Trademarks!

    I would like to know whether i am allowed to register my brand name, logo & slogan all together in a single application.

    Also, could you please connect me with the consultant who can help me in this filing process. Thanks in advance!

    Wishing you and all the forum members a very Happy New Year 2013!!

    Warm regards,
    Abhinav

    • Hello Abhinav, basically you could register brand name, logo and slogan all together. But you should not as only the combination of all three will be protected. To protect the single use of name, logo and slogan you need to register your logo, brand name and slogan separately. There are many trademark consultants who will be happy to help you. Normally they will charge you something like 10,000 Rs. to 15,000 Rs per trademark, per class. Happy new year!

  44. Sir

    Wanted to enquire . we are into dairy farming under class 29 . We are starting retailing of milk in our area. But the name we want to register is registered to someone else but the same is abandoned from quite some time as per the trade mark suite not renewed more than 10 years . Can we get the same abandoned name registered our self. If no can we add one more letter to the word and register say if word is abcd can we use abcds. Would appreciate you’re advice

  45. Dear Sir,

    Just now we have got our trade mark registered from a Co. Please note that we are based in Mumbai.

    Earlier we have paid Rs. 3500/- per application per class towards there Invoice saying “Professional Fees for filing Application for Registration of Trade Mark “XYZ” in Classes 07 and 11 under the Trade Marks Act, 1999 including misc. expenses.

    Now after few months we have got our registration certificates of various trade marks and again the Co. sent us the Invoice saying “Professional fees for pursuing from time to time and obtaining the Registration Certificate for the Trade Marks”. That mean they are charging us Rs. 7000/- for each trade mark and for each class.

    Please let me know if its ok OR are they fooling with this 2 Invoices.

    Will appreciate your quick reply on the same.

    Regards,

    Faiyyaz Davkhare

  46. Hello. I hope you can oipnt me in the right direction. Our company name and logo are registered trademarks in the United States and have been since 2008. We authorized a firm in India to act on our behal in that country in 2009. Recently it has come to my attention that another firm not authorized by us is usining our domain name with a .in instead of a .com and is calling itself the same company name. They have not adopted our logo but are in the same industry that we are in. Do you have any recommendations as to how we should proceed? Thank you for any guidance.

  47. Ashish kumar says:

    Dear sir,
    We have launched a new product with a brand name and after few days an another company sends us a notice that we can not use that brand name as it has been registered all ready by them. Can you help me out that how to know whether that name is really registered by them or not or if i am launching a new product with a new brand name then whether that product name is all ready registered or not.

    Regards
    Ashish kumar

  48. Hi

    I have a question. Say we have product which is to be named say — Incellin. However, we intend to use it as InCELLIN. How many applications should be filed? If I file application with this representaion – InCELLIN – does it cover all other representations? Or Does filing just a simple all caps word mark application will cover all the representaions of this trademark? There are no special colours or fonts that we are considering. Just this style of writing

  49. dear sir

    we want to registered a trad mark for our products electronics goods

    what is process and cost for this project
    thanks
    Regards
    manish kumar singh

  50. Hi
    i would like to know, if a product marked with R with its name, and manufactured in some other country, can we copy the name in india?
    for example:- DP emergency light comes with R and made in china.. can we use the same name or with some modifications? like Ultra DP or similar

  51. Dear sir

    it was great to come across great website.
    I want to know whether i can register brand name of global company having manufacturing in china and if we officially import and distribute there products in india and what are the approvals required from them to avoid parallel import by other companies.

  52. Hemant Jain says:

    Hii…
    I want to get register my sub product under my brand name can you guide about the matter and all how to register by product and company has already a TM and in it i want to register these by- product….please help me on the matter

  53. Vijender Sharma says:

    Dear I want to start a new herbal auervadic company. For it what type of regestration is required for it and how much expenditur is take place. Mean all the process for it.

  54. HARSH BHARDWAJ says:

    i WANT TO REGISTER MY BEAUTY PARLOUR. TELL ME THE PROCEDURE, FEE ETC.

    • Hello sir, i will explain you my case to you, you just help me out sir. I don’t have any manufacturing unit of jeans or shirts, I will give it for outsourcing to some third party ok. Now i want my business to make it big. i want to tie up with some online companies and make it large. So I want my own brand name to put on the jeans and shirts to sell online. So is it necessary to register my brand name, design and the logo. If yes what is the procedure, and how much does it cost

  55. sir, i need some help about i make one health drink now i want to launch that product in market with own brand name so what is the procedure for that, so i can sale that product in market………..

  56. hello! would be great if you could ans…
    1) I would like to register a trademark for my future business in particular category (clearly, if i am not going to run this business immediately), is that possible?? …As i’ve read somewhere, if you are not using that name TradeMark will be cancelled.
    2) I registered a trademark in particular category, let’s say it’s ‘XYZ’, later i do brand extentions XYZ-A, XYZ-B do i need another trademarks??
    Hope i’m clear…Awaits reply.

  57. ramanathan says:

    Sir, In want get trademark for my company name. help me how?

  58. A. Yashavantha KUMAR says:

    Hi, i want to register one kungfu academy, but i searched in Google that which i named to my academy that shows results. What can i do can i register whith same name which is already registered in another dist, state or country. Please give me solution for my doubt. Thank you.

  59. hi
    i applied for a trademark(wordmark) in india in class 43 (for providing food and drink service)
    it has been oppose by a garment brand ……..we searched before filling application …they didnt registered in the class we applied …. how much are the chances we will win the case…

  60. How to obtain proprietor’s code??

  61. I am a small businessman with no production of my own…. I just assist people in small electronic projects…. But lately i have found out that it would make a better impression if i have a name under which i and my colleagues can work. So what should i do to just register a name say xyz tecnologies……….. We dont have any fix income niether do we produce any goods. We just need a name.
    Kindly help

    • A trademark could also be a service mark. So you could name your business / service and than register this name. Since you are a group of people, it would make sense for you to form a corporation, e.g. a Pvt. Ltd. company.

  62. Hello Sir, I have registered ngo by u.p.gov. but still i have not made any website.For making website, is it necessary to register its logo and slogan distinctly?

  63. Hi

    Can an Individual apply for Trade Mark ? I will start a business later but just wanted to register the name.
    Possible ?

    Thanks
    Steve

    • Hi Steve, yes you can register a trademark in India as an individual. It will remain your personal property and you can transfer the trade mark rights later to the company if you wish to do so.

  64. Hi,

    Must compliment on the depth of information you’ve provided for the trademark registration process.
    I just have one small query.. My parents own a private limited company with 2 directors, registered under the Company’s Act 1956. They wish to file an application for getting a brand name trademarked.
    I wish to know the category under which they should file the application.. as in as a Proprietor? Within Proprietor, which category do they opt for.. Single firm, Partnership firm or Joint firm?

    As their company is a Private listed company and not a firm.

    Appreciate a prompt reply.

  65. Dear Sir,
    A company registered outside India sells its products in India through distributors. They want to register their Logo in India without registering company in India, It is possible to get their Logo registered. Thanks

    • Yes it is possible. They just need to authorise an Indian lawyer to do the registration work. For this there is a form to be filled. It is called TM 48.

      • Thank you sir. Can you get it register for our behalf. In yes, what will be charges for the same. You can drop a mail directly into my E-mail ID.

  66. I am thinking to setup an E-Book publishing service. Which class will it come in(out of the classes as per TM Act)? I am thinking to get the brand name interim trademarked. Is the logo fully registered(the words plus the image of the logo). Thanks

    • It should fall under one of the service categories…l would look for “publishing services”. The logo, word mark and if you have a slogan / tag line all need to be applied separately. You are advised to give the logo in black and white so it will be protected in all colour combinations.

      • I recently discovered on the official website of IP india(Trademark Journal) that they have registered some multi-national publishing company trademark under class-99. I am not able to understand which is the Class-99? According to fourth schedule of TMA classes are 45(34+11).

        • Dear Ankit,

          Class 99 refers to a multi class application.
          You can find out the different classes in the Goods description.

          Also, as per your earlier query, E-book publishing service should come under Class 41.

          Regards.

          • Thanks a lot Anshul ji for providuling valuable info. As I can see Class-41 reads ‘education, providing of training, entertainment, sporting and cultural activities’. Are all genre e-books included in it or just the educational non-fiction. The dealing will be with both type- fiction & non fiction.

        • (fiction= entertainment, non fiction = training/entertainment)
          1. If you publish material of your clients = Class 41.
          2. If your readers can not download the ebooks = Class 41
          3. If your readers can download the ebooks(Or if you distribute via CDs) = Class 9.

          I would suggest going for both Classes 9,41.

          Hope the above satisfies your query.
          Regards.

          • Thanks a lot Andreas De Rosi sir & Anshul sir for prompt reply on my query. One more query sir. What do we mean by five additional representations. Like for eg: I am filing for a Word mark lets say “ABC Books”(example) then a simple representation of this word mark will be typing it as it – ABC Books. Then what about the additional representations(as per TMA). Are they going to be copies of it as the three dimensional look is not important(like in case of logo), as it is a Word mark.

  67. Nitin Solanki says:

    Respected,
    I want to start a water purifying (Mineral water) project. So i want to register the name of my water bottle.What is the procedure to register it. Please help me. I am new to all this.

    • You should register your brand name in this class:

      Class 32: Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

  68. Dear Sir,
    Whats are the documents required for foreign company to register their Logo in India. Is it necessary for foreign company to have any office in India to register the same. Thanks

    • A foreign company should sign the Form TM-48 on a 100 Rupees stamp paper. This form will authorises the Indian attorney to file the trademark of the foreign company on their behalf in India. To be on the safe site, the person who signs the FORM TM-48 should also attach a notarised passport copy.

  69. Hello sir,
    I want a registered a personal company in CFL .lighting please suggest me a good name for my CFL .please help me

    Best Regard
    Ashu Verma
    09991118189

  70. Hi Mr. Andreas De Rosi ,

    I have some query on my trademark.

    My website koshimbir.com is more or less like a deal discount and coupons type online business. The koshimbir.com is willing to serve global internet user, without taking a single penny from Merchant and nor from user.

    If I am planning to target worldwide. So how trade mark will help me moreover the following signature is my logo, Is there any breach of copyright.

    With best regards,
    Niranjan

  71. I am filing for a trademark in TM-1, Three Additional representations will be needed. I am filing a trademark application for a Wordmark. Does it refer to the 3D representations of that wordmark?

  72. Neeraj Kumar says:

    which application form should I download (from the First schedule) for the registration purpose, if suppose my company’s services fall under class 43.

  73. Hi!
    Nice And Informative Blog!
    I read some content info but I confused about some following:
    Under the Trademark what we get as IPR?
    How can I register my Product Name?
    I want to take rights of my Trademark,Tagline or Slogan,Product Name-How can I take that?Do I take it separately each time?Or if I registered TM then every product name under that is secured?
    Thank You!

  74. Jitesh Mehadia says:

    Dear Sir,
    I would like to reserve the company name which I will use it in future. Is it possible to make it as trademark even though I do not have the company registered? If I get the company name as word mark trademark then how can I ensure that others should not use that name as a company name?

  75. GANESH TAMBDE says:

    sirjee, it is compulsory trademark in new business ? or company registration.

  76. Deepa Sharon says:

    Hi, very informative article. It would be a great help if you can clarify my doubts. Is “Tropicana” a wordmark or a trademark? I see a “R” after it. If I want to introduce a clothing line “Deepa”, should I go for word mark or trademark if I don’t want others to use the same name in future?

    • Hi Deepa, A trademark can be in the form of word mark, logo, slogan, colour combination etc. If you wand to trademark the name “Deepa” it would be a wordmark trademark and once it get approved you can add the ® “R” sign (for registered). Until it gets registered you can add the TM sign.

  77. camdonjik says:

    sir we got registration certificate of our trade mark.now we need to take legal action against a firm who were our old partners. So what are the requirements to start the proceedings? Our advocate told us to obtain ‘Certificate of Legal Validity’ to start legal proceedings.. But when we contacted our trade mark consultancy,they said, they dont understand, what our advocate mean by validity certificate…. is there such a certificate? Or what all things we need to start a legal action against someone for infringement of our trade mark right?

  78. hello sir… i want reg. my site name as trade mark .. and i want no copy cats use it’s name.. now what can i do… my site is on exam results, news related

    • Srinivas Rao says:

      Hi Mr. Manmohan,

      Irrespective of whether you registered your domain name or not, you can register your intended trademark. Try to clock all domain names and alternatives with extensions around your trademark.

      To register, you need to know use date, ownership /applicant, classes, and types of mark to be register (word-mark/stylized marks). In any case, you can write to neuristaip@gmail.com

      Regards,
      Team Neurista IP

  79. Arun Kumar says:

    What will be the most appropriate category of TM/SM for someone who wants to register his writing pseudonym/pen name as Trademark to avoid mis use by someone?

  80. Does capital letter and small letter wordmark make any difference? I mean if I filed wordmark in small letter and can anybody file same wordmark in capital letter?

  81. Sir, I am in serious problem. I have my prop. firm applied for TM 3 years back. It is eNest trademark. We are in computer software business for the last 5 years. At that time, we hired patent and attorneys from Ludhiana, well famous agency and they did all search and stuff. They are sure and we have all hearings etc and will get certificate within now next 6 months. Today all of sudden I saw a company eNest on internet and when I investigated I found it is registered just in this sept 2013. How this can be possible. I will meet my attorney tomorrow but was curious to see if you also advise me why ROC never rejected when they applied. I know these guys and before sep they have no existence and now they are using trademark we have applied 3 years back ???? Remember I have prop firm and they are pvt limited company.

    • Jitesh Mehadia says:

      Hi Jagdeep Chawla,
      I think you should raise this concern with ROC India.I have one doubt, I saw your TM application 2075615 online. It seems to me that you have only TM for “ENEST LOGO WITH DEVICE”. I think you should file the TM for wordmark “ENEST” separately. May be this is the reason. Usually ROC checks the TM before registration of company name.

  82. Manisha Mishra says:

    Hello I bought a domain name (for example), http://www.pundits.com on 30 june 2013. to start a small ecom business. it is an independent store which will sell garments footwear and accessories. I have it attached to the host and the website is under construction. I recently applied for a trademark. But found out that someone who manufactures garments and exports them, has applied for trademark registration on 13th july 2013. his trademark is an alphabet short. My domain name is (for example) pundits and his trademark is pundit. our logos are different as well. I have purchased the domain before he applied for the trademark. I AM therefore using it before he applied for it. the domain name is a .com and is the identity of my company. I work from home right now and have worked really hard for this. . I would like to be able to use my domain name and logo for my ecommerce business. I am a sole proprietor so my company isnt registered, i tried but they say they dont register it . I am not very familiar with these things. But I know one thing- I cannot give up the identity of my company. They have a turnover (or claim to have ) of 10 mil. I right now have none- the website will finish getting done by end of the week. Please. i’d like to know if my ecommerce business falls under section 25? I will be manufacturing the clothes under another trademark, because it will be the in-house label of the ecom company. Which section should i register my ecom company under?

    • Srinivas Rao says:

      Hi Manisha Mishra,

      If you have plans for expansive business operations, it’s advisable to register company. However, your query do not appears to be precise, further details may help.
      One thing is clear, you are asking about your rights to operate and restricting your others who are using similar or deceptively similar marks.
      In such case, rights flows throughout and under Evidence Act, you date of domain registration can be validated for prior use. Nevertheless, you need to fight this out, by applying for trademark registration and simultaneously registering a company with ROC.
      Moreover, you can adopt an aggressive strategy by registering all available domain names in and around with the name in contention “Pundit” and available extensions. Maintain all invoices/bills of all transactions made under the said name.
      To register, you need to know use date, ownership /applicant, classes, and types of mark to be register (word-mark/stylized marks). In any case, you can write to neuristaip@gmail.com

      Regards,
      Team Neurista IP

  83. Manisha Mishra says:

    contd: Also I have done business in that name since November 2012. The other party has started doing business in that name since 13 July 2013

  84. Mohammed Shoiab says:

    Sir, We are all kind of Agro and Minerals and Petrochemicals,
    Importer and Exporter, Can you send to me advice how can registed to my LOG Trade Mark
    i am right now in Rajasthan In India

    Rafique

    • Srinivas Rao says:

      Hi Mr. Rafique,

      If you plan to use or if currently using the brand(s), you need to apply for registration of your brand(s) for your chemicals/petrochemicals with the trademark office. To register, you need to know use date, ownership /applicant, classes, and types of mark to be register (word-mark/stylized marks). In any case, you can write to neuristaip@gmail.com

      Regards,
      Team Neurista IP

  85. Arvind Yadav says:

    hello sir
    I wanna register for a clothing brand name in India. I wanna know where to register for it?

    • Srinivas Rao says:

      Hi Mohammad Faiz,

      If you plan to use or if currently using the brand(s), you need to apply for registration of your brand(s) for your apparels and your company’s logo with the trademark office. This will help you in many ways in moving your supply chain in retailing to project and cash on your rights. In any case, you can write to neuristaip@gmail.com

      Regards,
      Team Neurista IP

    • Srinivas Rao says:

      We apologies for wrongly addressing, it should be read as MR. Yadav.

  86. hello sir
    My name is mohammad faiz and I deal in mens wear product(e.g jeans, shirt, t-shirt and so on) I want to register my brand name and logo so that I could sell my products under my own brand name & logo.
    my future planning is establish retail chain in india
    what should I do?

    • Srinivas Rao says:

      Hi Mohammad Faiz,

      If you plan to use or if currently using the brand(s), you need to apply for registration of your brand(s) for your apparels and your company’s logo with the trademark office. This will help you in many ways in moving your supply chain in retailing to project and cash on your rights.

      Regards,
      Team Neurista IP

  87. Pooja Vichare says:

    Hello Sir, I into a business which started with events and promotions but now we also have few other tabs like videography and documentary making, tours and travel. I want to get our logo registered but I am confused about the class in which the business will be covered. Can you please help with the same.

  88. Pooja Vichare says:

    Hello Sir, I am into a business which started with events and promotions but now we also have few other tabs like videography and documentary making, tours and travel. I want to get our logo registered but I am confused about the class in which the business will be covered. Can you please help with the same.

  89. How long does it take for the TM application to be processed?
    ie.. after submitting the application & authorized to use the &trademark; symbol

    how long should one wait to get the actual approval and start using the (R) ® symbol on the site, marketing materials etc etc

    • Srinivas says:

      Hi Deepa,

      (R) can only be used upon receiving registration of a mark, the tentative period to receive registration varies from 18 months to 24 months.

      Regards,
      Team Neurista IP.

    • Dear Deepa

      It takes anywhere between 1.5-2 years for a TM to be registered. You can use TM till the time your mark gets registered. The day the Registry issues your TM Certificate you can start urging the (R) symbol.

      Regards
      Yamuna
      info@ygclegal.com

  90. hellow sir i want to start a new brand in the future and i have searched for that TM in ipc.gov.in site and it is available and the product is under class 9 so i want to own the TM now is it possible? is so please mail me ill start the process ASAP………

    • Srinivas says:

      Hi Sai,

      Your determination of “trademark available” may be subjective. Nevertheless, good news is, if there is no similar mark(s) registered /filed compared to your mark, you’ve better chances to get registration. Accordingly, you should move ahead with registration application. Should you need any professional assistance in doing so, you may write to us at neuristaip@gmail.com.

      Regards,
      Team Neurista IP.

  91. Varun Gulati says:

    hi sir,
    I am running a small enterprise of my own here in india…..i had a query…..does a name attire belongs to some body,, as i am willing to register it,,,,,as i am into clothing business…this name looks great on my products… please check wether is name attire is registerd on someones name or not…for that i’ll be really greatfull to u….
    with warm regards

    varun gulati

  92. Hi. Sir i wanted to start a company for appearels like t shirts, shirts, pants,half pants,jackets,hoodies etc and i wanted to give it my own company logo and brand name i am totally new in this feild how shuld i start now maily the registration, costs and legalites comes under this i wanted to know. Plzz sir tell me abt it waiting for reply.!

  93. The procedure of Trademark Registration neatly explained in detail in this video. Please watch

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