A trademark is a symbol, design, word, or phrase that identifies one’s business goods or services from those of another. A company may come up with a design that is unique, to stand as a symbol of the company, or a product. Trademark protects them from being used by others to promote their own agendas.
Category of Trade Mark:
a. Word Mark - It includes one or more words, letters, numerals or anything written in standard character,
b. Device mark - It includes any label, sticker, monogram, logo or any geometrical figure other than word mark,
c. Colour - When the distinctiveness is claimed in the combination of colours with or without device,
d. Three-dimensional trademark - It includes shape or packaging of goods,
e. Sound
Step – 1: Application to be made in Form TM-A. The following information are required in filing the application.
a. Nature of constitution of business of the applicant
b. Trade name of the applicant
c. Address of the principal place of business of the applicant
d. Contact details – mobile number & email id
e. Category of Trade Mark
f. User Affidavit in the stamp paper of Rs. 10/- to be given by the company formed in any previous years.
g. Government Fees
|
Particulars |
Amount for Physical filing |
Amount for E-filing (using DSC) |
|
Where the applicant is an Individual/ Startup/Small Enterprise |
5,000 |
4,500 |
|
In all other cases |
10,000 |
9,000 |
(Note: Fee is for each class and for each mark)
h. If the applicant wants to change any particulars of the already submitted TM-A, it can be done through Form-TM-M. The Govt. Fees for the same is Rs. 1,000/- (Rs. 900/- for e-filing).
Step-2: Examination report is to be given by the department:
If examination report doesn’t contain any objections/adverse remarks, then no further action is required by the applicant. In case of remarks, opportunity is given to the applicant first by replying through the registered email id and secondly through hearing with the department.
Step-3: Advertisement in the official gazette:
If the Step-2 is complete, then the said trademark will be advertised in the official gazette for the period of 4 months. If no objection is raised by the public at large during this period, then the said trademark will be registered.
Our fees:
For Step-1: Rs. 3,000/-.
For Step-2: Rs. 1,000/- for replying through email and Rs. 2,000/- for every hearing.
(Our Fees is exclusive of any applicable GST and any out of pocket expenses)