Protect Your Brand with Risk-Free Trademark Registration Assurance
At Law Republic, we offer seamless trademark registration in India, backed by an exceptional money-back promise. If your registration is denied, you get your money back. A true win-win!
What is a Trademark
Understanding Trademarks
A trademark is a unique identifier that distinguishes your brand’s products or services from those of others. It can be a word, logo, symbol, or even a sound that represents your brand.
Trademark Registration Procedure
Class Identification
The process begins with the shortlisting of the right class for conducting the next steps of search and filing.
Trademark Search
A trademark search is conducted to uncover similar trademarks which may pose a threat to the registration of the trademark application.
Trademark Application Preparation & Filing
A trademark application is then prepared with all necessary details by our team and sent to you for approval. Once approved, it is filed with the Indian Trademark Office. We will share the application number and relevant details within a few days after filing of the application.
Examination
An examiner is appointed by the Trademark office who will review the application for any objections. Any concerns by the examiner will issued in the examination report (objection letter). We need to respond to all issues raised by the examiner and convince the examiner to register our trademark. The examiner may further request for a hearing to discuss any pending issues before taking a final decision on registration.
Publication
Every trademark is published for a period of 4 months. Any interested who has any objection to the registration of the trademark can file what is known as a trademark opposition.
Registration
If no opposition is filed during the publication period, the trademark may proceed for registration.
Why Trademark Registration Matters
Exclusive Rights to Your Brand
Registering your trademark gives you exclusive rights to your brand’s name, logo, or slogan. This means you have full control over how your brand is used, ensuring it remains uniquely yours.
Legal Protection Against Infringement
A registered trademark offers robust legal protection. If someone tries to copy or misuse your brand, you have the legal authority to take action against them, preventing unauthorized use.
Boosts Brand Recognition and Trust
A registered trademark helps your brand stand out in the marketplace. It makes your products or services easily identifiable, fostering customer recognition and trust over time.
Increases Business Valuation
Trademarks are valuable business assets. As your brand grows, your trademark can appreciate in value, contributing to your overall business valuation. This can be a significant advantage in mergers, acquisitions, or when seeking investment.
Enables Business Expansion
With a registered trademark, you can confidently expand your business into new markets or product lines. It ensures that your brand is protected across different regions and industries, facilitating smoother growth.
Prevents Brand Dilution
Trademark registration prevents others from using similar marks that could dilute your brand’s identity. This protection helps maintain the strength and distinctiveness of your brand in the market.
Enhances Professional Image
A registered trademark adds to your brand’s professional image. It shows that your business is established and serious about protecting its intellectual property, which can enhance customer and partner confidence.
Documents required for TM filing
Authorization letter
Signed copy of TM-M which authorizes a trademark agent / lawyer to act on your behalf at the trademark office.
ID Proof
ID proof like PAN card, Aadhaar card, Passport, etc. may be required. Only scanned copies. (Only applicable where filing as Individual)
DIPP / MSME certificate
DIPP or MSME certificate to claim reduced government fees may be required. Only scanned copies. (Only applicable for Startups & SME's.)
Logo file
A JPEG file of the logo / label to be filed may be required. (Only applicable for logo or label trademarks.)
Logo colour codes
CMYK or Pantone colour codes to claim colour in logos may be required. (Only applicable for logo filings where colour is to be claimed.)
What will you get after filing
Acknowledgement
Filing acknowledgement will be shared which includes payment details to the government.
Trademark Form
e-stamped Trademark application form. Includes the application number.
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12500+
Patent & Trademark filings
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Offices in India
250+
Team Size
Law Republic partners cumulative statistic
A few clients we or our partners have serviced.
Why Choose Law Republic for Trademark Registration?
Our Unmatched Money-Back Promise
At Law Republic, we are dedicated to making your trademark registration process as secure and risk-free as possible. That’s why we offer an amazing Money-Back Promise tailored to each of our plans, giving you peace of mind no matter which option you choose.
How It Works:
Ultimate Plan - 100% Money-Back Promise
Our Ultimate plan offers the most comprehensive coverage, with a 100% money-back promise. If your trademark application is denied or rejected by the Indian Trademark Office, you’ll receive a full refund of ₹14,500. This includes both the ₹10,000 professional fee and up to ₹4,500 of the government filing fee. This plan covers everything from expert consultation and trademark search to unlimited Examination Report Replies and Show Cause Hearings, ensuring your brand is fully protected without any risk.
Complete Plan - 50% Money-Back Promise
For those who choose our Complete plan, we offer a 50% refund of the professional fees paid throughout the trademark registration process. This includes not just the initial filing fee, but also any additional actions such as Examination Report Replies and Show Cause Hearings associated with your application. If your trademark application is ultimately rejected, you’ll receive 50% of your total professional fees back, offering you significant protection and support.
Starter Plan - 25% Money-Back Promise
Our Starter plan provides essential trademark registration services with a 25% refund of the total professional fees paid. This covers the fees for all registration-related actions under your application number. Should your application be rejected by the Trademark Office, you’ll receive 25% of the total professional fees back, offering basic risk protection.
Comprehensive Coverage for Every Plan
Our Money-Back Promise applies to all critical steps in your trademark registration journey:
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Ultimate Plan: Includes expert consultation, trademark search, one trademark application filing, unlimited Examination Report Replies, and unlimited Show Cause Hearings. It’s our most comprehensive plan, designed to give you complete peace of mind.
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Complete Plan: Covers expert consultation, trademark search, one trademark application filing, one Examination Report Reply, and one Show Cause Hearing. This plan balances coverage and cost, offering solid protection.
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Starter Plan: Provides expert consultation, a quick trademark search, and one trademark application filing. Additional actions like Examination Report Replies and Hearings are billed separately but still fall under the money-back promise coverage.
If your application is ultimately rejected by the Indian Trademark Office, the refund will be processed based on the total professional fees paid according to the plan you have selected.
Why We Offer This Promise
At Law Republic, we are committed to delivering results and ensuring that your investment in brand protection is secure. Our Money-Back Promise is our promise to you that if the Indian Trademark Office rejects your application, we will refund your payment as specified by the plan you choose.
Clear and Simple
Our Money-Back Promise is straightforward and tailored to your selected plan. Whether you choose the comprehensive protection of the Ultimate plan or the essential coverage of the Starter plan, you’ll receive a refund based on the total professional fees paid if your trademark isn’t registered due to rejection by the Trademark Office.
Protect Your Brand with Confidence
Choose the Ultimate plan for the most complete coverage and absolute peace of mind, or explore our Complete and Starter plans, each backed by our Money-Back Promise. Start your risk-free trademark registration process today.
FAQs About Our Money-Back Promise
1. What is the money-back promise?
Our money-back promise ensures that if your trademark application is denied or rejected by the Indian Trademark Office, we will refund your professional fees, capped at ₹10,000, and the government filing fee, capped at ₹4,500, based on the plan you select.
2. Which plans are covered under the money-back promise?
All of our trademark registration plans—Starter, Complete, and Ultimate—are covered by the money-back promise. The refund amount varies depending on the plan:
- Starter Plan: 25% of the total professional fees paid.
- Complete Plan: 50% of the total professional fees paid.
- Ultimate Plan: 100% of the professional fees and government filing fees (up to ₹4,500).
The maximum refund for all plans is up to ₹10,000 for professional fees, depending on your chosen plan.
3. How much will I get back if my application is rejected?
The maximum refund across all plans is up to ₹10,000 for professional fees and up to ₹4,500 for government filing fees, depending on the plan you select.
4. How do I claim a refund if my application is rejected?
To claim a refund, you need to submit a formal request after receiving the rejection notice. We will contact you within 7-10 working days to discuss your case and clarify the refund process. After this discussion and your confirmation, the refund will be processed within 7-10 working days. We aim to keep the process simple and transparent.
5. Why do we offer this promise?
We offer this promise to align our interests with yours. Our primary goal is to ensure that your trademark is successfully registered. By offering a money-back promise, we demonstrate our full commitment to your success. If your application is rejected, we absorb the financial loss to ensure you feel confident in your investment with us.
6. How does this promise help protect your interests?
The money-back promise puts your interests first. It creates a strong incentive for us to work diligently to secure your trademark, from conducting thorough research to preparing a solid application and following up on all issues. If your application is rejected, we bear the financial impact, motivating us to do our best to avoid this outcome.
7. How does this promise incentivize us to do thorough research?
This promise drives us to conduct comprehensive and meticulous research to avoid rejections. Our team performs detailed trademark searches to ensure there are no conflicts or risks. By tying our financial outcome to the success of your trademark, we are motivated to give your application the best possible chance of approval.
8. Do we engage in any unscrupulous activities to avoid rejections?
Absolutely not. We uphold high ethical standards and believe in defending rejections on merit. If challenges arise during the trademark process, we commit to fighting for your application based on its strengths rather than resorting to unethical practices. Our priority is to secure a positive and legitimate outcome for your brand.
9. Why do we care about your trademark getting registered?
We are deeply invested in your success. A successfully registered trademark not only benefits you but also strengthens our long-term relationship based on trust and positive outcomes. We understand that a rejection could have significant consequences for your business, and we take that responsibility seriously.
10. Does the money-back promise cover all professional fees?
The money-back promise provides a refund of up to ₹10,000 for professional fees related to the trademark registration process. This covers key steps of the process, ensuring you are protected. However, opposition-related fees and actions outside of the registration process are not included in the money-back promise.
11. What if my application is delayed but not rejected?
The money-back promise only applies if your trademark application is officially denied or rejected by the Indian Trademark Office. Delays or opposition proceedings are not covered by this promise, but we will continue to support you in navigating such challenges.
12. What happens if my trademark faces objections or opposition?
Objections or oppositions are part of the trademark process. We will work closely with you to address objections and defend your trademark if opposition arises. However, opposition-related professional fees are additional and not included in the money-back promise. The promise only applies if your application is rejected by the Trademark Office.
13. How long will it take to receive my refund if my application is rejected?
Once you submit a refund request, we will contact you within 7-10 working days for a discussion. Following this, and based on the outcome of the discussion, the refund will be processed within an additional 7-10 working days.
14. Does anyone offer a 100% money-back guarantee for trademark registration in India?
We are proud to offer an unmatched money-back promise with our Ultimate Plan, providing 100% of the professional fee and 100% of the government fee (up to ₹4,500) if your application is rejected. No other service in India offers this level of assurance, giving you complete confidence and peace of mind throughout the trademark registration process.
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A Complete Guide to Trademark Registration in India
In today’s competitive market, building a strong brand identity is crucial for any business, whether you’re a startup, small business, or large enterprise.
One of the most effective ways to protect your brand and set it apart from competitors is through trademark registration.
A trademark safeguards your brand’s name, logo, slogan, or any other distinctive feature associated with your business. By registering your trademark, you secure legal protection against infringement and enhance your brand’s credibility and value.
This guide is tailored for Indian users, including startups, small businesses, individuals, and enterprises, who want to learn about trademark registration or file a trademark application in India.
Whether you’re new to the process or looking to deepen your understanding, this guide will walk you through everything you need to know, from the basics to the detailed steps of the application process.
1. What is a Trademark?
A trademark is a unique symbol, word, phrase, design, or a combination of these elements that identifies and differentiates the products or services of one business from those of others. It acts as a badge of origin, signifying the source of goods or services and providing consumers with confidence in their quality.
Types of Trademarks
Trademarks in India can take various forms:
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Word Marks: These include words, letters, numbers, or a combination of these. Examples are brand names like "Nike" or "Coca-Cola."
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Logos: Logos are graphical symbols representing a brand. The swoosh of Nike or the golden arches of McDonald’s are iconic examples.
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Taglines/Slogans: Taglines are catchy phrases associated with a brand, such as "Just Do It" by Nike, and are eligible for trademark protection.
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Shapes: Unique shapes of products or packaging can also be trademarked, like the distinctive shape of the Coca-Cola bottle.
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Colors: Specific colors linked with a brand, such as Tiffany & Co.'s blue, can be trademarked under certain conditions.
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Sounds: Even sounds, like the MGM lion’s roar, can be trademarked.
Examples of Popular Trademarks
Trademarks are a part of our everyday lives. Some of the most recognizable trademarks include:
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Apple’s Logo: The minimalist apple with a bite taken out is a globally recognized symbol.
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Google’s Wordmark: The colorful Google wordmark is synonymous with internet search.
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BMW’s Logo: The circular blue and white logo represents a leading automobile brand.
These trademarks not only protect the brands but also help build lasting connections with consumers.
2. Why is Trademark Registration Important?
Trademark registration offers several crucial benefits that are essential for protecting your brand and ensuring its long-term success. Here’s why it’s important:
Legal Protection Against Infringement
When your trademark is registered, you gain exclusive rights to use the mark in connection with your goods or services. This means no other entity can legally use a mark that is identical or deceptively similar to yours. If someone infringes on your trademark, you have the legal authority to take action and protect your brand’s integrity.
Establishing Brand Identity and Goodwill
A registered trademark strengthens your brand’s identity, making it easier for consumers to recognize and differentiate your products or services. Over time, a strong trademark can build significant goodwill, which reflects the reputation and customer loyalty associated with your brand.
Ability to Take Legal Action Against Unauthorized Use
Without a registered trademark, proving ownership and enforcing your rights against unauthorized use can be challenging. Registration gives you the legal foundation to initiate proceedings against anyone who uses your mark without permission, helping you maintain your brand’s exclusivity.
Asset Creation for the Business
A registered trademark is a valuable asset that can grow in value over time. It can be licensed, franchised, or even sold, providing additional revenue streams for your business. In some cases, a well-known trademark can become more valuable than the physical assets of the company.
3. What are the Documents Required for Trademark Registration?
Before you begin the trademark registration process, it's essential to have all the necessary documents prepared. Having these documents ready will ensure a smooth application process and help avoid delays. The required documents vary slightly depending on the type of applicant, but generally include:
For Individuals and Sole Proprietors:
- Identity Proof: A copy of PAN Card, Aadhar Card, Voter ID, or Passport.
- Address Proof: A copy of Aadhar Card, Voter ID, Passport, or utility bills.
- Trademark Details: A clear representation of the trademark (word, logo, etc.).
- Power of Attorney (Form TM-M): This authorizes your attorney to file the trademark application on your behalf.
For MSMEs and Startups:
- Udyog Aadhar or MSME Certificate: Proof of MSME registration, if applicable.
- Startup Certificate: For startups, a copy of the certificate issued by the Startup India initiative.
- Identity and Address Proof: Of the proprietor or authorized signatory.
- Trademark Details: A clear representation of the trademark.
- Power of Attorney (Form TM-48): Authorizes your attorney to file the application.
For Companies and LLPs:
- Certificate of Incorporation: A copy of the company’s Certificate of Incorporation.
- Identity Proof of Signatory: PAN Card, Aadhar Card, Voter ID, or Passport of the authorized signatory.
- Address Proof of Signatory: Utility bills, Aadhar Card, or Passport of the authorized signatory.
- Trademark Details: A clear representation of the trademark.
- Power of Attorney (Form TM-M): Authorizes your attorney to file the application on the company's behalf.
Ensuring that these documents are complete and accurate will help you avoid any rejections or objections during the registration process.
4. The Trademark Registration Process in India
Registering a trademark in India involves several steps, each crucial to securing your brand’s legal protection. Here’s a detailed look at the process:
Step 1: Trademark Search
Before filing a trademark application, it’s vital to conduct a thorough search to ensure that your desired trademark is not already in use by another entity. A trademark search helps identify any existing trademarks that are identical or similar to yours, reducing the risk of objections or rejections.
- Importance: A comprehensive search minimizes the chances of your application being opposed or refused. It also helps you avoid legal disputes in the future.
- Tools and Databases: The Indian Trademark Registry provides an online database where you can search for existing trademarks. You can also use professional trademark search tools.
Step 2: Filing the Trademark Application
Once you’ve conducted a trademark search and confirmed that your desired mark is available, the next step is to file the trademark application.
- Required Documents and Information: As discussed in the previous section, ensure you have all the necessary documents ready.
- Online vs. Offline Filing: You can file the application either online through the Indian Trademark Registry’s portal or offline by submitting the required forms at the nearest Trademark Office. Online filing is generally faster and more convenient.
- Costs Involved: The cost of filing a trademark application includes government fees, which vary depending on the type of applicant (individual, MSME, company, etc.), and professional fees if you hire an attorney to handle the process. The government fee to file an online trademark application in India is 4,500 for Individuals, Startups, SME's and 9,000 for other applicants.
Step 3: Examination by the Trademark Office
After filing the application, the Trademark Office will examine it to ensure it complies with the legal requirements and does not conflict with existing trademarks.
- What Happens During the Examination: The examiner checks the application for completeness and verifies that the trademark is distinctive and not descriptive or generic. The examination may also include a search for conflicting trademarks.
- Possible Outcomes: The examiner may accept the trademark application, raise objections, or request modifications. If objections are raised, you’ll need to respond within the stipulated time to avoid rejection.
Step 4: Publication in the Trademark Journal
If the application is accepted by the examiner, it is published in the Trademark Journal.
- Purpose of the Publication: The publication allows the public to oppose the trademark if they believe it infringes on their existing rights. You can use tools like TrueTrack to conduct few free trademark opposition searches.
- Opposition Period: The opposition period lasts for four months from the date of publication. If no opposition is filed, the trademark proceeds to registration. If opposition is filed, you will need to defend your trademark.
Step 5: Registration and Issuance of the Trademark Certificate
If no opposition is raised, or if any opposition is successfully resolved, the trademark is registered, and a certificate of registration is issued.
- What Happens Next: Once registered, your trademark is legally protected, and you gain exclusive rights to use it in connection with your goods or services.
- Validity and Renewal: A registered trademark is valid for ten years from the date of application and can be renewed indefinitely in ten-year increments.
5. Costs Involved in Trademark Registration
Understanding the costs involved in trademark registration is essential for planning your budget. The costs include government fees and, if you choose to hire professional assistance, additional fees for legal services.
Government Fees
The government fees for trademark registration in India vary depending on the type of applicant:
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Trademark Registration Fees for Proprietorship:
- ₹4,500 per class for online filing.
- ₹5,000 per class for offline filing.
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Trademark Registration Fees for MSMEs:
- ₹4,500 per class for online filing.
- ₹5,000 per class for offline filing.
- Note: MSMEs must provide a valid MSME certificate to avail of the reduced fee.
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Trademark Registration Fees for Startups:
- ₹4,500 per class for online filing.
- ₹5,000 per class for offline filing.
- Startups must submit a certificate from the Startup India initiative to qualify for the reduced fee.
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Trademark Registration Fees for Private Limited Companies & others (Not Startups & SME):
- ₹9,000 per class for online filing.
- ₹10,000 per class for offline filing.
These fees cover the cost of processing your application and registering your trademark if it’s approved.
Professional Fees and Additional Costs
If you hire a trademark attorney or a professional service like LawRepublic, you will need to account for professional fees. These fees can vary depending on the complexity of the case and the level of service you choose.
- Professional Fees: Typically range from ₹2,500 to ₹10,000 depending on the services included (e.g., trademark search, filing, handling objections, etc.). See fee table for details.
- Additional Costs: These may include fees for handling objections, oppositions, or attending hearings, depending on the chosen plan.
Law Republic’s Pricing Plans and Money-Back Promise
At Law Republic, we offer transparent pricing with no hidden costs. You can either choose our pay as you go plan or opt for a one time payment for our Ultimate plan. Our professional fee in the Ultimate plan is ₹10,000, which covers:
- Trademark search to check availability.
- Filing the trademark application in one class.
- Handling unlimited objections.
- Attending show-cause hearings until the final decision.
In addition, we offer an absolute money-back promise: if your trademark application is denied by the Trademark Office, we will refund the full amount of ₹14,500 (₹10,000 professional fee + ₹4,500 government fee). Limited money back promise is also applicable on the Complete and Starter plans. Check the plan details and Money back promise section for details.
6. Common Mistakes to Avoid During Trademark Registration
The trademark registration process can be complex, and making mistakes can lead to delays, additional costs, or even rejection of your application. Here are some common mistakes to avoid:
Choosing the Wrong Class
Trademarks are registered in specific classes based on the type of goods or services they represent. Selecting the wrong class can result in your trademark not being protected in the right category, leaving your brand vulnerable. Always ensure that you choose the appropriate class or classes that accurately reflect your business activities.
Failing to Conduct a Comprehensive Search
Before filing your trademark application, it’s crucial to conduct a thorough search to ensure that no identical or similar trademarks are already registered. Failing to do so can lead to objections from the Trademark Office or even legal challenges from existing trademark owners. A comprehensive search helps you avoid these pitfalls and increases the likelihood of a successful registration.
Ignoring Objections or Opposition Notices
If the Trademark Office raises an objection to your application, or if a third party opposes your trademark after it’s published in the Trademark Journal, it’s essential to respond promptly. Ignoring these notices can result in your application being rejected. It’s important to address any objections or oppositions with clear and compelling arguments to defend your trademark.
Misunderstanding the Application Process
The trademark registration process involves several steps, and misunderstanding or skipping any of these steps can lead to complications. It’s important to follow the process meticulously, from conducting a search and filing the application to responding to objections and ensuring timely renewal of the trademark.
By avoiding these common mistakes, you can improve your chances of successfully registering your trademark and protecting your brand.
8. Conclusion
Trademark registration is a critical step in protecting your brand and ensuring its long-term success. By securing a registered trademark, you not only safeguard your brand’s identity but also enhance its value, making it a valuable asset for your business.
The process of trademark registration in India can be intricate, but with the right guidance and support, it becomes much more manageable. Whether you are a startup, a small business, or a large enterprise, taking the time to understand the process and avoid common mistakes will greatly improve your chances of successful registration.
If you’re ready to protect your brand, we encourage you to seek professional help. At Law Republic, we offer comprehensive trademark registration services tailored to your needs, backed by our absolute money-back promise. Don’t leave your brand’s protection to chance—secure it today with Law Republic.
Frequently Asked Questions (FAQs)
Trademark registration can be a complex process, and it’s natural to have questions. Below are some of the most frequently asked questions about trademark registration in India, along with clear and concise answers to help you better understand the process.
What Can Be Trademarked in India?
In India, a wide range of elements can be trademarked, including:
- Words (e.g., brand names, taglines)
- Logos and symbols
- Phrases and slogans
- Product shapes and packaging
- Colors, if they are distinctive enough to identify the source of a product
- Sounds (e.g., jingles or musical notes)
Essentially, any distinctive mark that sets your goods or services apart from others can be trademarked.
How Long Does Trademark Registration Take?
The trademark registration process in India typically takes anywhere from 6 months to 2 years, depending on various factors such as the accuracy of the application, the presence of objections or oppositions, and the speed of processing at the Trademark Office. The timeline may vary, but once your trademark is registered, it is protected for 10 years from the date of filing.
What is the Validity of a Registered Trademark?
A registered trademark in India is valid for 10 years from the date of filing the application. After this period, the trademark must be renewed to maintain protection. The renewal can be done indefinitely every 10 years.
Who is Eligible for a Trademark in India?
Anyone who claims to be the owner of a trademark can apply for its registration. This includes individuals, companies, partnership firms, proprietorships, or any other legal entity. Foreign entities can also register trademarks in India.
Is It Compulsory to Register a Trademark?
While it is not mandatory to register a trademark, it is highly advisable. Registration provides legal protection against unauthorized use and allows the owner to take legal action in cases of infringement. Without registration, it is difficult to enforce your rights over the mark.
Is GST Required for Trademarks?
A trademark can be filed by a person or company even if they don't have a GST number. Many new businesses start as proprietorship or companies with their turnover under the GST limit. GST is generally by some marketplaces to register with them or your business reaches the GST threshold.
Can I Sell Products Without a Trademark?
Yes, you can sell products without a registered trademark, but doing so carries risks. Without a registered trademark, your brand is not legally protected, making it vulnerable to infringement or misuse by others. Registering a trademark provides exclusive rights to your brand and safeguards your business reputation. However, for unregistered trademarks, not everything is lost. There is protection under common law, which are applicable even for unregistered trademarks.
What is the Difference Between a ™ and ® Symbol?
The ™ symbol can be used by anyone to indicate that they are claiming rights to a mark, regardless of whether it is registered. The ® symbol, however, can only be used once the trademark has been officially registered with the Trademark Office. The ® symbol signifies that the mark is legally protected under trademark law.
Can I Use ™ If Not Registered?
Yes, you can use the ™ symbol even if your trademark is not registered. The ™ symbol indicates that you are claiming rights to the trademark, but it does not offer the same legal protection as applicable to registered trademarks. Once registered, you can use the ® symbol, which signifies that the trademark is officially registered and protected.
Can a Trademark Be Registered in Multiple Classes?
Yes, a trademark can be registered in multiple classes if your goods or services span different categories. For example, if you sell clothing and leather products, you may need to register your trademark in both Class 25 (clothing) and Class 18 (leather goods). Each class requires a separate application fee.
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