Ahuja & Ahuja Chartered Accountants, are Trademark Registration Consultants with over two decades of experience. We offer comprehensive trademark registration services to our clients in Delhi / NCR region of New Delhi, Noida, Gurugram (Gurgaon), and Greater Noida. Our experienced and expert team of Chartered Accountants has over two decades of industry experience, providing top-notch services to our clients.
Why Register Trademark?
In today’s highly competitive business world, trademarks are essential for any business to thrive. It is a distinguishing feature for a brand that has established its name in the market. Trademarks help preserve the goodwill and recognition a product or service has earned over the years. A registered logo or mark can give your business a unique identity, giving you a competitive advantage over others.
Documents Required for Trademark Registration
- Identity proof of the applicant: The identity proof of the applicant, such as PAN card, Aadhaar card, passport, driving license, or voter ID card, must be provided for trademark registration.
- Business proof of the applicant: Business proof, such as the certificate of incorporation, partnership deed, or LLP agreement, must be provided for company, partnership, or LLP registration.
- Trademark application form: A trademark application form must be filled out with the required details such as the name, address, logo, and goods or services for which registration is sought.
- Trademark logo or device: The logo or device the applicant wants to register must be submitted in a specified format and size, along with the application form.
- Power of attorney: If an agent or attorney is applying on behalf of the applicant, a power of attorney must be submitted along with the application form.
- Fee payment: The prescribed fee for trademark registration must be paid online or offline, depending on the mode of payment accepted by the Trademark Registrar.
- Priority documents: If the applicant claims priority for the trademark application based on an earlier application filed in a convention country, the relevant priority documents must be submitted.
These are the primary documents required for trademark registration in India. However, the Trademark Registrar may request additional documents or information during the examination process. It’s always recommended to seek professional assistance from a trademark attorney or agent to ensure a smooth registration process.
Trademark Registration Process In India
The trademark registration process is straightforward and can be done online in Delhi. However, one must be careful while registering a mark or logo to avoid rejections or objections from the department or opposition parties. The trademark registration fees in Delhi vary, and it depends on the type of applicant who is applying for the trademark.
Trademark registration in India is governed by the Trademarks Act, 1999 and is managed by the Controller General of Patents, Designs, and Trademarks (CGPDTM).
The process for trademark registration in India is as follows:
- Trademark search: Before filing a trademark application, a search should be conducted to ensure that the proposed trademark is not already registered or pending for registration. This can be done through the Indian Trademark Office’s online portal or with the help of a trademark attorney.
- Filing of the application: Once the search is complete, the application for trademark registration can be filed online or offline with the appropriate trademark office. The application should include the applicant’s details, the proposed trademark, and the goods or services for which the trademark is being sought.
- Examination: After applying, the trademark office will examine the application to ensure that it complies with the requirements of the Trademarks Act. The examiner may issue an objection if the application is incomplete or if any conflicting trademarks are already registered.
- Publication: If the application is in order, it is published in the Trademark Journal. This is done to allow any interested parties to file an opposition to the trademark registration within a specified period.
- Opposition: If an opposition is filed, both the applicant and the opponent can present their case before the Registrar. If no opposition is filed, the trademark is deemed to be registered.
- Registration: If the trademark is found to be eligible for registration, the trademark office issues a registration certificate, valid for 10 years from the application’s filing date. The trademark owner can renew the registration for 10 years each.
The entire trademark registration process in India can take anywhere from 12 to 24 months, depending on the complexity of the application and any oppositions filed. It is advisable to seek the assistance of a qualified trademark attorney to ensure a smooth and efficient registration process.
Points to Consider Before Trademark Registration
When selecting a word or logo for trademark registration, one must keep in mind the following points:
- The brand name must be capable of distinguishing the goods or services of the applicant from others
- It should not designate the kind, quality, purpose, value, or geographical region
- It should not be commonly used in the current language or established practices of trade
- It should not cause confusion, deceive the public, or hurt public sentiments related to religion, caste, etc.
- It should not contain scandalous/offensive matter that goes against public morality
- It should not be outlawed under the Emblems and Names Act, 1950
- It should not consist solely of the shape of goods themselves
Why Seek Professional Assistance for Trademark Registration?
Professional assistance and advice regarding trademark registration are essential for many reasons. It saves the applicants’ time and energy and gives them confidence that things are proceeding in the right direction. Also, in some cases, the case must be presented before a registrar arises. In such cases, only experienced professionals can assist. Undoubtedly, one can trust and rely on our firm if they are looking for a trademark registration company in Delhi.
Our Trademark Services
At Ahuja & Ahuja Chartered Accountants, we offer a wide range of services related to trademark registration in Delhi, India, including:
- Consultation on the registration process
- Conducting searches to detect similar trademarks
- Filing various applications such as trademark registration, trademark opposition, cancellation of registration, renewal, issue of a duplicate trademark certificate, etc.
- Advice on the protection of trademark
- Dealing in trademark infringement cases
- Legal guidance on trademark-related disputes
Why Choose Us?
Our team of expert professionals has handled many trademark cases and gained immense experience in this field. We are one of the well-known trademark consultants of Delhi, providing end-to-end trademark registration solutions. We aim to provide 100% satisfaction to our clients by providing them with all the ancillary services under one roof at a minimal cost.
Frequently Asked Questions
Can a trademark be registered for multiple goods or services?
A trademark can be registered for multiple goods or services within the same class. However, separate applications must be filed for each class of goods or services.
How long does it take to register a trademark in India?
The entire trademark registration process in India typically takes 18-24 months. However, the timeline can vary depending on the application’s complexity and any objections the Registrar raises.
What is the validity of a trademark registration in India?
A trademark registration in India is valid for ten years from the registration date. It can be renewed indefinitely for successive periods of 10 years each.
Can a trademark registration be cancelled or removed from the register?
Yes, a trademark registration can be cancelled or removed from the register on various grounds, such as non-use, non-renewal, or if the mark is generic or deceptive.
Can a foreign company or individual register a trademark in India?
Yes, a foreign company or individual can register a trademark in India. However, they need a local agent or attorney to apply on their behalf.
Is it mandatory to hire a trademark attorney for registration?
No, it is not mandatory to hire a trademark attorney for registration. However, it is recommended to do so as a trademark attorney can provide expert guidance on the application process, help avoid common mistakes, and ensure a smoother registration process.
What are the fees for trademark registration in India?
The fees for trademark registration in India vary depending on the type of applicant, the number of goods or services, and the mode of filing. The fees can range from INR 4,500 to INR 10,000 for individual applicants and from INR 9,000 to INR 20,000 for corporate applicants.