Trademark Registration in India

Protect your logo, identity and brand with trademark registration. Expert guidance from EOB for your trademark services anywhere in India.

Fee: Rs. 6500 (All Incl).

Want us to get in touch?

    First Name

    Last Name

    Email

    Phone

    Registering a Trademark

    When you start a business, the name of your company or your product is an asset. It’s important to protect it. In a highly competitive world with new businesses opening every day, it doesn’t take long before someone comes up with a similar name or logo for a completely different product range or possibly even a competitor. If you don’t protect your identity, the entire effort could be in vain, and the asset may just lose all its value. That’s where Trademark registration comes in to protect your business asset, your identity, That’s how brands are built. Your logo, your slogan, your colour combinations, and much more can be protected with trademark registration. Let your brand have a distinct identity. It builds customer loyalty and benefits the owner of the trademark.
    The process for trademark registration in India is now quite simple and quick. Its completely online. But you will still need guidance in choose the right approach and ensuring your representation is unique. The entire registration process takes up to 18 months, but you can start using the “TM” symbol once your application is successfully filed. Our experts will guide you with the right approach and also give you multiple options to choose from.

    ADVANTAGES

    Benefits of Trademark Registration in India

    Exclusivity

    The owner of the Registered Trademark has the advantage of exclusive right over this identity. Safely protected from any competitor attempting to use a similar logo or name to undermine the brand equity. It gives legal strength to the brand owner to prosecute anyone infringing on their identity.

    Builds trust:

    Brand building is an effort to win customer loyalty and trust. A trademark will ensure your customers recognise your brand and you are well protected by ensuring there is no infringement of the identity. 

    Asset Creation

    Your trademark logo is your intellectual property for your business. Once you build the reputation for your Brand and Logo it can be monetised in multiple ways enhancing the value of the brand. It’s a visible asset.

    Protection for 10 Years

    Once you have applied for the trademark, post confirmation, you have exclusive rights over it for 10 years. With the option to renew it within 6 months of expiry for an additional 10 years. The fee is nominal considering the huge advantage it gives you in terms of brand protection. 

    Documents required to Register a Trademark

    Proof of Applicant

    PAN Card and Address Proof of Applicant.
    Certificate of registration (other than an Individual applicant)

    01

    Brand Name & Logo

    The logo must contain the Brand Name applied to register a Trademark

    02

    User Affidavit

    If a specific user date is to be claimed, the user affidavit is also required to be submitted

    03

    Proof of TM Use

    To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided

    04

    NOC from Creditors

    Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee.

    05

    Signed Form TM - 48

    TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. All documents prepared by experts from EOB for the signature

    05

    THE PROCEDURE

    The Procedure for Trademark Registration in India

    • Collect relevant information and documents.
    • Understand the client requirement and select appropriate Class(es)
    • Trademark Search & Availability Check, followed by drafting of documents
    • Franking on Power of Attorney where necessary.
    • Filing the TM application & sharing acknowledgement with client.
    • Once filed successfully, TM can be used besides the logo or brand
    • It takes 3 to 4 working days to complete the process.

    FREQUENTLY ASKED QUESTIONS

    Explore Trademark Registration in India

    Who can file for trademark registration?

    An individual or a company can register a Trademark. IN large corporations, the trademark is registered in the name of the company. Whereas in Start-ups and new business, the trademark is registered by the founder in their individual capacity.

    What care should be taken before registering for a trademark?

    To begin with, Geographical names, common names, common trade words and common abbreviation cannot be registered. Any mark that is identical to an existing brand name or very similar or a name or logo that is already filed for registration and is in process cannot be registered.

    For how long is the trademark registration valid?

    It is valid for 10 years from the date of application. It can be renewed within 6 months of expiry for 10 years and perpetually there on.

    How long does it take for the trademark to get registered?

    It takes upto 18 months for the trademark registration to be applied. Until such time the logo can carry the TM mark. Once registered and confirmed, the TM can be replaced with (R). The registration may get delayed due to the verification procedure.

    What is a trademark class? How to choose appropriate class?

    There are 45 classes under which goods are services are classified. This classification is done by the Controller General of Patents, Designs, and Trademarks. Make sure that your application mentions the appropriate class or classes under which the registration has to be done. The experts in EOB will help you identify the appropriate class under which to apply.

    Will my trademark be valid globally?

    No. The trademark registered in India is valid only in India. When you plan to expand outside India, a similar process has to be followed in the country of business. However, having one trademark has its advantages while expanding to newer geographies.

    How does a company qualify for a 50% rebate on Government fee?

    If you are registered as an MSME or hold a valid certificate issued by Start-Up India, your company qualifies for a 50% rebate in the Trademark registration fee. The fee listed by EOB is with the assumption that the applicant qualifies for the rebate. In other case there is an additional fee of Rs. 4500 towards trademark registration.

    When a brand Name and Logo are applied for registration, will it be considered in the same application?

    The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

    Can I apply for trademark registration under multiple classes?

    Yes, Multiple classes can be applied for in the same application. However the free will be extra for each class. Which is Rs. 4500 per class.

    Can I make changes to the registered trademark later?

    Yes. It is possible by filing a request in a prescribed format. The copies of the amended label mark have to be attached with this request. However this pertains only to minor changes. If the change is significant, an entirely new registration will be required. Our experts will guide you with this process.