A Trademark generally refers to a brand or logo.

Trademark registration can be obtained for a business name, distinctive catch

phrases, taglines or captions. It is the most valuable assets of a business.

Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an

indication of origin of the goods as well as an indication of quality.

The use of TM symbols notifies the public that the company is claiming

exclusive ownership of the trademark and can generally be used by one who has

filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the

registration certificate is issued.

● Any name (including personal or surname of the applicant or predecessor in

business or the signature of the person), which is not unusual for related trade to

adopt as a mark.

● Letters or numerals or any combination thereof.

● Devices, including fancy devices or symbols

● Monograms

● Combination of colours or even a single colour in combination with a word or

device

● Shape of goods or their packaging.

● Marks constituting a 3- dimensional sign.

● Sound marks when represented in conventional notation or described in words by

being graphically represented.

As per the provisions of the Trade Marks Act 1999, following are the types of trade

marks that can be registered in India:

● Product trademarks associated with particular goods.

● Service trademarks associated with a particular kind of service such as insurance,

building construction etc.

WHO CAN MAKE AN APPLICATION FOR REGISTRATION OF A

TRADE MARK :

● Any person who claims to be the proprietor of a trademark used or

proposed to be used by him can apply for goods as well services.

● In case of a company about to be formed, anyone may apply for a

trademark registration in his name for subsequent assignment of the

registration in the company's favour.

● The selected mark should be capable of being represented graphically (that is in

the paper form).

● It should be capable of distinguishing the goods or services of one undertaking in

relation to which it is being used from those of others.

● It should be used or proposed to be used in relation to goods or services for the

purpose of indicating a connection in the course of trade between the goods or

services and some person having the right to use the mark with or without

revealing identity of that person.

● Term of registration of a trademark is ten years, which may be renewed for a

further period of ten years on payment of prescribed renewal fees.

● However, non-usage of a registered trademark for a continuous period of five

years is a valid ground for cancellation of registration of such trademark at the

behest of any aggrieved party .

THE PROCEDURAL FORMS FOR TRADEMARK REGISTRATION :

The First Schedule to the Trademark Rules, 2002 prescribes the different procedural

forms and necessary amounts of fees required for all trademark-related transactions,

of which some examples have been given below :

For filing new applications- There are prescribed forms depending on the nature

of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.

To file a Notice of Opposition to oppose an application published in the

Trade Marks Journal- (FormTM-5).

For Renewal of a Regd. Trademark- (Form TM-12).

Surcharge for belated renewal - (Form -10)

Restoration of removed mark - (Form TM-13)

Application for rectification of a registered trade mark - (Form TM-26)

Legal Certificate - (Form TM-46)

Official search request for trademark - (Form TM-54)

Preliminary advice of the Registrar as to the registrability of a mark - (Form

TM-55).

Copyright search request and issuance of certificate - (Form TM-60)

● Proprietorship concern: Full name and address of the proprietor and true copy of

identity and address proof.

● Partnership concern: Full name and address of all partners and true copy of

related documents.

● Company concern: full name and address of all directors and true copy of related

documents.

● If one has claimed that the proposed mark is used since before application in

another country, then evidence for such claim has to be provided .

● Label of the proposed Trade Mark (Standard Label size 9cm x 5 cm) has to be

provided

The exact cost involved in the registration of a trademark will depend on the

following variables:

● The number of trademarks one registers – (the name of the brand,

the company name, the business logo)

● The number of classes under which one registers each logo

● The course taken by the opposition process (i.e. the existence of

opposition, number of opponents and the number of replies filed, the

number of one month extensions sought over the maximum period, for

each step of the opposition process)

● The amount of lawyer’s fees for the filing process and the trademark

search.

If an application is for a single name or logo for goods or services under one

class only, then the application will cost around INR 10,000 as the fee

component for application, if one files for a

word mark (that is, comprising of text) and a graphic mark under two classes.

INR 1000 for a counter-affidavit in reply to an opposition.

INR 5000 to INR 15000 on the lawyer’s fees.

In addition to this, the trademark search, that is, the first step which is

conducted before filing the application, will cost around INR 500.

Hence, the approximate total cost ought to range between INR 16500 to

26500.