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Trademark Registration

Trademark registration protects your brand name or logo for the goods and services you choose. The application goes to the Trade Marks Registry, which examines it, publishes it for objections and then decides on registration. Sanmayu runs the search, prepares and files the application and follows each notice. The Registry decides.

Brand protectionTrade Marks Registry

Free first consultation · a named contact replies

Who needs Trademark Registration?

Once buyers know your brand, a registered mark helps you act against copies, and marketplaces and distributors often ask for it.

  • Brand ownersWith a name or logo they want to protect.
  • Exporters and sellersWhose marketplaces ask for brand proof.
  • New businessesChoosing a name that must not clash with an existing mark.

Which type of trademark should I file: word, logo or both?

A word mark is the word itself and a logo is the drawing. The form also asks which type of application this is, standard, collective, certification or series, which is a separate choice. Many brands file the name first, then the logo, so the name is covered even if the logo changes. We settle the order with you after the search.

Which products or businesses does this apply to?

Names, logos and other marks used for goods or services, filed in the classes that match what you sell. Choice of classes is for an expert to confirm.

How does Trademark Registration work?

The stages, from your documents to the decision. The right-hand column is what most often slows each stage.

How does Trademark Registration work?
StageWho actsWhat happensWhat can hold it up
1 · SearchSanmayuRegistry public search for similar marks in your classes, before you commit to the nameA close mark already filed
2 · Mark and classesSanmayu with youWord or logo, the type of mark, and the goods and services classes chosenClasses too narrow for future products
3 · FilingSanmayuApplication filed with the Trade Marks Registry, online or on paperApplicant details that differ from other records
4 · Formality checkRegistryApplication checked for completeness; where the mark has figurative elements the Registry codes them under the Vienna classification; a deficiency notice is issued if neededA deficiency notice that is not answered
5 · ExaminationRegistryExaminer checks the mark against the grounds for refusal and issues an examination report if there is an objectionAn objection on similarity to an earlier mark or on a descriptive name
6 · Reply and hearingSanmayu with youReply filed by the deadline in the report; a show-cause hearing follows if the objection standsA missed reply deadline, which abandons the application
7 · Acceptance and publicationRegistryAccepted mark published in the Trade Marks JournalPublication that draws an opposition
8 · Opposition windowThird partiesAnyone may oppose for four months from publication; hearings follow if they doAn opposition from another owner
9 · RegistrationRegistryCertificate issued if there is no opposition or it fails; valid for ten years and renewableRenewal date not tracked

Which documents are needed for Trademark Registration?

Documents and why they are asked for
DocumentWhy it is neededCommon problem
Applicant identity and business proofNames the owner of the mark and the type of applicantOwner name differs from the brand user
Address for service and principal place of businessThe application states the principal place of business in India, if anyAddress that differs from other records
Representation of the markThe word or logo exactly as it is to be registeredLogo not in the required form
Type of applicationStandard, collective, certification or series is chosen in the formThe wrong type for how the mark is used
List of goods and servicesDecides the classesDescriptions too vague
Proof of prior use, if claimedSupports a claimed date of first useDates not backed by invoices
Power of authorityLets the filer act for youNot signed

How long does a registered trademark last?

The Registry states that a registered mark is valid for ten years and can be renewed after every ten years indefinitely on payment of the prescribed fee. Changes of name, address or ownership are recorded afterwards on prescribed forms. The renewal date is worth diarising. If it is missed, ask the Registry what late renewal or restoration is still open before treating the mark as lost.

What are the cost components of Trademark Registration?

Three parts, quoted for your case after a short review. Your first consultation is free.

  • Government feeThe Registry's fee, which depends on the applicant type and the number of classes.
  • Testing or verificationNone; the search is part of our work.
  • Our serviceSearch, filing and follow-up on notices. A named contact quotes after review.

Get a quote for your case

A named contact reads your details and replies with a quote that lists each part above.

  • What you make, move or run, in a line or two
  • Where it is made and where it will be sold
  • Any certificate or registration you already hold
Get a quote

Free first consultation covers

  • Whether your product or activity falls under this service, and what its scope is.
  • Which approvals, schemes or registrations apply to your case.
  • The list of documents you will need to gather.
  • What a named contact needs from you to prepare a quote.

The first consultation is free. Any work after it is quoted separately, and you decide whether to go ahead.

What commonly holds Trademark Registration up?

  • Similar existing marksA mark close to an earlier one in the same class is likely to draw an objection or an opposition.
  • Descriptive namesNames that merely describe the goods are hard to register.
  • Missed deadlinesThe examination report carries a reply deadline; if it is missed the application is abandoned.
  • Opposition after publicationFor four months after publication others can oppose, and opposed marks go through hearings.

Can a startup get help with the cost of a trademark filing?

Under the Startup India scheme, a DPIIT-recognised startup can use a facilitator from the panel of the Controller General of Patents, Designs and Trade Marks, and the Central Government bears the facilitator's fee, so the startup pays only the statutory fee. The scheme needs recognition first. See Startup India (DPIIT) Recognition.

Trademark Registration: common questions

What is trademark registration?#q-what-is-trademark-registration

It records your mark with the Trade Marks Registry for the classes you choose, giving you rights to enforce it.

Is a trademark certificate different?#q-is-a-trademark-certificate-different

No. The registration certificate is the trademark certificate the Registry issues once the mark is registered.

Can I use TM before registration?#q-can-i-use-tm-before-registration

You may use TM for an unregistered mark. The registered symbol is for registered marks only.

What if there is an objection?#q-what-if-there-is-an-objection

The Registry sends an examination report. We prepare the reply by its deadline and, where needed, support the hearing. The Registry decides.

What is the four-month period?#q-what-is-the-four-month-period

After acceptance the mark is published in the Trade Marks Journal. Anyone can oppose for four months; with no opposition the mark proceeds to registration.

How long does the registration last?#q-how-long-does-the-registration-last

Ten years, renewable after every ten years on payment of the prescribed fee.

Does it cover other countries?#q-does-it-cover-other-countries

No. An Indian registration covers India. Other countries have their own filings; ask a named contact about them.

How much does it cost?#q-how-much-does-it-cost

The Registry's fee and our service. A named contact quotes after review. Your first consultation is free.

Often needed with Trademark Registration

Discuss my requirement

Tell us the product and the market. A named contact replies by email or WhatsApp.

Choose any channel. Your market only suggests the order; email always works.

Phone: +91 72899 60446 · +91 96112 31611

Consultations and documents are in English; translation on request.

* required; everything else optional

A product name or an IS number. If it is not in our product list we flag it to be confirmed.
Already hold a certificate and need one test? Choose 'Specific test / tender type-test'.
For example weekday mornings. A name and a time are enough.

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